CyberhomesPro.com™ Website TERMS OF USE

(Effective November 7, 2006)

THESE TERMS OF USE CONTAIN A LEGAL DOCUMENT (“User Agreement”) BETWEEN YOU, THE USER, AND FIDELITY NATIONAL FINANCIAL (“FNF”) THROUGH ITS FIDELITY NATIONAL REAL ESTATE SOLUTIONS DIVISION (“FNRES”). THIS USER AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE CYBERHOMES.COM WEB SITE (“THE SITE”). PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE SITE. ALL MATERIALS, SERVICES, HOME VALUATIONS AND INFORMATION PROVIDED ON AND THROUGH THE SITE SHALL BE USED SOLELY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. BY USING AND ACCESSING THE SITE, YOU (also referred to as the “User”) INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS USER AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THIS USER AGREEMENT, DO NOT ACCESS AND USE THE SITE.

FNF RESERVES THE RIGHT TO CHANGE THE USER AGREEMENT, OR ANY MATERIALS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THIS SITE, FROM TIME TO TIME AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO THE USER. USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE USER AGREEMENT, AS DENOTED BY THE DATE, POSTED ON THE SITE AT THE TIME OF USE. YOU SHOULD VISIT THIS TERMS OF USE WEB PAGE PERIODICALLY TO REVIEW THE USER AGREEMENT.

BACKGROUND FACTS

FNRES has developed and owns the Site and the functionality thereof, and makes available on or through the Site information, documents, software, services and products, including certain home valuations (collectively, the “Materials”) supplied by FNRES or third parties (such third parties referred to collectively as “Providers”) to User subject to the terms and conditions set forth in this User Agreement.

COPYRIGHT

All Materials provided on or through use of this Site, including all text, images, graphics, animation, video, music, sound, design and layout of this Site, and the selection, coordination and arrangement of the Materials on this Site, are Copyright 2007 FNRES (All Rights Reserved) and may be protected by other intellectual property laws as well. Any unauthorized use of the Materials under this User Agreement may violate such laws. Except as expressly provided herein, FNRES and its Providers do not grant any express or implied right or license to User under any patents, copyrights, trademarks, or trade secret information appearing on or used in connection with the Site and Materials.

As to any information provided by User regarding any property displayed on the Site, User hereby grants FNRES any rights User may have in and to such information, and FNRES may store, copy, display and make any other use it deems appropriate of such User-provided property information.

TRADEMARK INFORMATION

FIDELITY NATIONAL FINANCIAL, CYBERHOMES and CYBERHOMES.COM are trademarks of FNRES Holdings, Inc. All trademarks, logos and service marks (“Marks”) displayed on this Site are the property of FNRES Holdings, Inc. or its Providers and may not be used without the prior written consent of the owner of such Mark.

USE OF THE SITE AND MATERIALS

The Site is intended for use by United States residents within the United States; use by any other individual or in any other location is prohibited.

User acknowledges and agrees that all Materials on this Site, including any files, images incorporated in or generated by the software, and data accompanying the software (the “Software”) used to generate, provide or view any information provided to User herein, including the approximate home valuation (the “Valuation”), contain proprietary information that is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Except as otherwise provided for herein, or as expressly authorized in writing by FNRES, User agrees not to modify, sell, distribute or create derivative works based on the Valuation or other Materials provided on or through use of the Site. Notwithstanding the foregoing, FNRES hereby grants to User a personal, non-transferable, non-exclusive, revocable license to make one printed copy, and to download one copy of (a) any Web page appearing on the Site and (b) any Valuation provided on or through use of this Site on any single computer, for User’s personal, noncommercial home use and distribution to User’s personal advisers only (each, an “Approved Use”), provided that (i) User keeps intact all trademark, copyright and other notices appearing on or with such Materials, (ii) User makes no modifications to such Materials, (iii) User does not use such Materials in a manner that suggests an association with any of FNRES’s products, services, or brands, (iv) User does not download quantities of Materials to a database that can be used to avoid future downloads from this Site, and (v) User does not distribute any Materials to anyone for a fee or other than for User’s own personal, non-commercial home use. Systematic retrieval of data or other Materials provided on or through use of this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the express written consent of FNRES is prohibited. Uploading any Materials appearing on or through this Site on any other Web site or computer system or environment is prohibited. User acknowledges and agrees that User may not sublicense, assign or otherwise transfer this limited use license or the Materials to any other entity, and that no title to or ownership interest in any Materials has been transferred to User from FNRES or anyone else. User owns the medium on which the Materials are captured, but FNRES (or its Providers) retains full and complete title to the Materials. User agrees not to redistribute or use any Materials for any purpose not associated with User’s receipt and personal non-commercial use of any Valuation.

SOFTWARE

FNRES hereby grants to User a personal, non-transferable, non-exclusive, revocable license to make any Approved Use of the Software. In the event User downloads Software from this Site in order make Approved Use of the Materials, such Software is licensed to User by FNRES or its Providers for User’s personal, non-commercial home use only. FNRES does not transfer title in the Software to User. User owns the medium on which the Software is recorded, but FNRES (or the relevant Provider) retain full and complete title to the Software and all intellectual property rights therein. User may not alter, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise copy or modify the Software, or reduce the Software to a human-readable form.

USER CONDUCT

The Site is to be used solely for lawful and approved purposes. User may not transmit, retransmit, upload or store Materials in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or infringement of intellectual property rights laws or regulations. Additionally, User may not abuse or fraudulently use the Site, nor use the Site for commercial purposes, nor allow or permit such use by others, nor provide false information about User or impersonate another person or entity, nor misrepresent User’s affiliation with any other person or entity at any time, nor restrict or inhibit any other person or entity from using and enjoying the Site or the Materials, nor upload, post, publish or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding, nor post or transmit any information or software which is false, fraudulent or contains a virus, trojan horse, worm or other harmful component, nor attempt to do any of the above prohibited activities.

FNRES may interrupt or terminate User’s access to any or all of the Site or Materials without notice to User and without prejudice to pursuing any rights FNRES may have against User if FNRES believes, in its sole judgment, that User has or is likely to violate the terms and conditions of this User Agreement or make a non-Approved Use of any Materials. FNRES is not liable for any damages of any nature suffered by User or any third party resulting in whole or in part from FNRES exercising its rights under this User Agreement. FNRES has no practical ability to monitor all conduct, communications, or content that might violate this User Agreement prior to its transmission over the FNRES network but may do so at its discretion. Therefore, FNRES does not assume any liability for its failure to terminate any User for such violations.

User may only make use of any Cyberhomes Valuation in compliance with all relevant federal, state and local laws and regulations, including without limitation:

The Federal Fair Housing Act, which prohibits discrimination in the sale, lease, rental or financing of housing because of race, color, religion, sex, handicap, familial status, or national origin;

Federal Equal Credit Opportunity Act, which makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program;

State and Local Fair Housing/Fair Lending Laws, which, in addition to the Federal anti-discrimination statutes and regulations, prohibits discrimination in the sale, lease, rental or financing of housing on the basis of the neighborhood in which the property is located, sexual orientation, mental or physical illness, political affiliation, lawful source of income, environmental conditions or other characteristics. Please contact your state or local housing agency for additional information.

DISCLAIMERS:

ALL MATERIALS ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY VALUATIONS PROVIDED THROUGH USE OF THIS SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS FOR USE BY USER WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FNRES AND ITS PROVIDERS MAKE NO WARRANTY THAT (i) THE SITE AND MATERIALS WILL MEET USER’S REQUIREMENTS; (ii) THE SITE, ITS SERVERS OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPENTS; (iii) THE SITE, ITS SERVERS OR MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iv) THE VALUATION THAT MAY BE OBTAINED FROM THE SITE WILL BE COMPLETE, EFFECTIVE, ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY USER FROM THE SITE WILL MEET USER’S EXPECTATIONS; OR (vi) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO USER.

This Site may contain links to third-party Web sites that are not under the control of FNRES. FNRES makes no representations whatsoever about any other Web site to which User may have access through this Site. When User accesses a non-FNRES Web site, User does so at User’s own risk and FNRES is not responsible for the accuracy, copyright compliance, legality or reliability of any information, data, opinions, advice, or statements made on such sites or for the quality of any products or services available on such sites. FNRES provides these links merely as a convenience and the inclusion of such links does not imply that FNRES endorses or accepts any responsibility for the content or uses of such Web sites. Before providing personal information through any linked Web site, User should review such Web site’s privacy policy and practices, which are completely separate from and unrelated to the Privacy Statement and privacy practices of this Site.

The use of the Site and the downloading, use or other acquisition of any Materials (including Valuations) through use of the Site is done at User’s own discretion and risk and with User’s understanding and User Agreement that User will be solely responsible for any damage to User’s computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by User from FNRES or through or from the Site shall create any warranty not expressly stated in this User Agreement.

Any home Valuation provided via this Site is NOT an appraisal report of the market value of the subject property prepared by a licensed professional appraiser. The Valuation has been generated by use of proprietary computer software which assembles publicly available property records and certain proprietary data to arrive at an approximate estimate of home valuation. The Cyberhomes™ Valuation has not been prepared, evaluated or reviewed by a licensed professional appraiser. User is advised to engage the services of a licensed professional appraiser in order to receive an accurate and comprehensive evaluation of the market value of a home. Please contact your lender or REALTOR® to engage the services of a licensed professional appraiser.

PERSONAL INFORMATION AND PRIVACY

To learn about how FNRES protects any User information provided on the Site, please refer to the Cyberhomes.com online Privacy Statement.

Virtual Earth and MapPoint imagery is provided by Microsoft Corporation and its use on Cyberhomes.com is subject to the Microsoft MapPoint End User Agreement and Privacy Statement.

INDEMNIFICATION

User agrees to indemnify and hold FNRES, and its parent, subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all liabilities, claims, demands and expenses, including reasonable attorneys' fees, due to or arising out of User’s use or misuse of the Site, any Materials provided therein, or for infringement by User of intellectual property rights or other rights of any third party. FNRES may assume exclusive control of any defense or any matter subject to indemnification by User and User agrees to cooperate with FNRES in such event.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FNRES, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, PROVIDERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FNRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE, OR ANY VALUATIONS OR MATERIALS PROVIDED OR AVAILABLE ON OR THROUGH USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSQUENTIAL DAMAGES, FNRES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

GENERAL TERMS:

GOVERNING LAW, JURISDICTION, BINDING ARBITRATION By accessing this Site, User agrees with FNRES that all matters relating to User’s access to, or use of, this Site and all Materials and Valuations shall be governed by the statutes and laws of the United States and of the State of Florida without giving effect to its conflict of laws provisions or your actual state of residence. User agrees with FNRES that any controversy or claim arising out of or relating to this User Agreement or the Site shall be resolved exclusively by binding arbitration in accordance with the then-current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other person or entity. The arbitration shall be conducted in Jacksonville, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either User or FNRES may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in Jacksonville, Florida necessary to protect the rights or the property of User or FNRES (or its agents, suppliers, and subcontractors), pending the completion of arbitration. User and FNRES each agrees to submit to the personal and exclusive jurisdiction of the arbitration panel and Courts located in the state of Florida.

ASSIGNMENT

FNRES may assign this User Agreement to another entity without any advance consent from or notice to User. User may not assign this User Agreement without the prior written consent of FNRES.

NO WAIVER; SEVERABILITY

If FNRES does not enforce any right or remedy available under this User Agreement, that failure is not a waiver. If any part of this User Agreement is held invalid or unenforceable, the remainder of this User Agreement will remain in force.

TIMING OF CLAIMS BY USER

User agrees that regardless of any statute or law to the contrary, any claim or cause of action by User arising out of or related to use of the Site, any Materials or this User Agreement must be filed by User within one (1) year after such claim or cause of action arises or be forever barred.

ENTIRE USER AGREEMENT

Unless otherwise specified, these Terms of Use constitute the entire User Agreement between User and FNRES with respect to use of the Site and Materials, and supersedes all prior or contemporaneous communications and proposals between User and FNRES with respect thereto. If any portion of this User Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.