FRESNO COUNTY CLERK 2221 KERN STREET FRESNO, CALIFORNIA 93721 SUBSCRIPTION AGREEMENT NEW RENEWAL ______________________________________________________________________________________________________________________________________ DESCRIPTION OF LISTS: Fresno County will provide, under the terms and conditions of this agreement (see reverse), lists of new Fictitious Business Name Statement Filings. Lists are furnished on MS-DOS/PC-DOS compatible CD-R 700 megabyte Compact Disks, in ASCII text format, as described below: FICTITIOUS BUSINESS NAMES New or Renewal filings Date Filed File number All fictitious business names on filing Business address Business Telephone (if applicable) All owner names and addresses Owner telephone numbers if available Ownership category Date business commenced Articles of Incorporation (if applicable) Filing clerk’s name LIST ORDER: The undersigned subscriber agrees to purchase the lists checked below: DESCRIPTION: _____ PRICE FICTITIOUS BUSINESS NAMES MONTHLY FILING LIST: Subscriber agrees to purchase twelve (12) monthly Fictitious Business Names Filing Lists. The first list will be produced one (1) month Following County’s receipt of this agreement and will contain all filings for the month preceding the month produced. Subsequent lists will be produced each month and will contain all filings for the previous month. _____ $100.00 ASCII Print Image Format TOTAL ORDER: _________ SUBSCRIBER’S ACCEPTANCE: Subscribers Name: (please print) __________________________________________________________ Subscriber’s Firm Name:__________________________________________________________________ Address:_______________________________________________________________________________ City:_______________________________________, State:_________________ Zip Code:____________ Signature:__________________________________________________________Date:_______________ Title:________________________________________________Phone:__(____)_____________________ E-mail Adress:__________________________________________________________________________ Subscriber’s Choice: Format Choice: “CD” “Text” “E-mail” “CSV” (person, statement, business) American LegalNet, Inc. www.FormsWorkFlow.com TERMS AND CONDITIONS The County of Fresno, California (“COUNTY”), a political subdivision of the State of California, and the person or firm, (“Subscriber”), named on the reverse of this agreement, as follows: 1. SUBSCRIBERS UNDERSTANDING. Subscriber understands that information is recorded on the lists at the close of business each working day, is current at the time it is added to the list, and that it may contain errors. Subscriber understands that entries on the lists may have been modified or removed from the lists on subsequent business days, and that such modifications or removals may not be reflected in the lists subscriber receives. Subscriber understands that information on the lists is furnished “as is”, and agrees to accept it “as is” and with all faults. Subscriber understands that use of the data is at Subscriber’s own risk. 2. WARRANTY. COUNTY makes no warranty of any kind and specifically disclaims that implied warranties of merchantability or fitness for a particular purpose of the material furnished under this agreement. COUNTY shall have no liability of any kind, whether (1) for breach of warranty, express or implied, including, without limitation, any warrant of merchantability and fitness for a particular purpose, or (2) damage caused by or arising out of the use or loss of data, or (3) for any negligence or otherwise with respect to any performance by COUNTY pursuant to this agreement, and COUNTY shall in no event be liable for any incidental, special, or consequential damages of any kind or nature whatsoever, even if COUNTY was advised of same. All questions concerning said data shall be directed to the County Clerk’s Special Service Division. 3. EFFECTIVE DATE OF AGREEMENT. This agreement takes effect on execution, and shall remain in force an effect: a. Monthly subscription: for one year unless earlier terminated under the provisions of paragraph 4. b. Fictitious Business Names Initial Filings List: Until COUNTY delivers the list to subscriber. 4. TERMINATION OF MONTHLY SUBSCRIPTION. Subscriber may terminate a monthly subscription by notifying the COUNTY in writing not less than ten (10) days prior to the last day of the month. COUNTY will not produce a list for the month in which a termination notice is received, and will refund to Subscriber that portion of the subscription fee for which the COUNTY has not produced and delivered lists. 5. RENEWAL. Subscriber may renew or extend this agreement at rates prevailing at the time of renewal or extension, by notifying COUNTY in writing of its intent to renew, with payment in full for the renewal or extension accompanying same. 6. CHANGES. COUNTY reserves the right to alter the content or format of the listings without prior notification to Subscriber, except that County shall not remove items of information from the content of the subscribed list during the term of the subscription. Any other changes requested either by COUNTY or Subscriber shall not be effected unless agreed upon in a writing signed by duly authorized representative of the parties hereto. This agreement shall not be modified or amend, or any rights of any party to it waived except by such a writing. 7. INTERPRETATION. Any controversy or claim arising out of or relating to this agreement which cannot be amicably settled without court action shall be litigated in either a state court in Fresno County, California, or in the US District Court for the Eastern District of California, in Fresno, California. The rights and obligations of the parties and all interpretations and performance of this agreement shall be governed in all respects by the laws of the State of California. 8. LIMITATION OF LIABILITY. Subscriber shall hold the COUNTY, its officers and employees, harmless and indemnify and defend the COUNTY, its officers and employees, against the payment of any and all costs and expenses, claims, suits, and liabilities for injury or loss of any property resulting form or arising out of or in any way connect with any work, services use of data, or functions to be performed under this agreement. 9. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the COUNTY and the Subscriber with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, publications, and understandings of any nature whatsoever unless expressly included in this agreement. VICTOR E. SALAZAR County Clerk/Registrar of Voters 2221 Kern Street Fresno, California 93721-2699 American LegalNet, Inc. www.FormsWorkFlow.com