TERMS & CONDITIONS - SUBSCRIBER AGREEMENT

TERMS AND CONDITIONS: SERVICE AGREEMENT

This Service Agreement is made and entered into by and between CASE BREAKERS, INC., a Florida corporation (who shall be referred to as the "Company" "Us" "We" and "Our") and you. By submitting the information required by this Agreement and your credit card number to the Company you hereby agree to be bound by the terms of this Agreement.

In order to determine whether our provision of Information to you will be subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. §1681 et sec. please provide verifiable identification and certify for us below the purpose for which you intend to use the Information. Your failure to truthfully respond, could subject you to fines under Title 18 of the United States Code and/or imprisonment of up to two years, or both.

Section 1. Certification of Purpose.

I hereby certify that the purpose for which I am requesting the Information from the Company is one described below and I hereby agree to the conditions specified herein which pertain to my selection of purpose:

[ ] I am requesting the Information solely for personal, private and non-commercial use. I agree not to share the Information with any other person. By making this selection of purpose I understand and intend that I shall not be subject to the Fair Credit Reporting Act.

[ ] I intend to use the Information for employment purposes, and thus I understand that the provision of information is subject to the Fair Credit Reporting Act and I certify as required in Section 12.

[ ] I hereby certify that the purpose for which I am requesting the Information from the Company is commercial, best described as one of the purposes described below, and subject to the Fair Credit Reporting Act.

. I am requesting the Information in connection with a court order or a federal grand jury subpoena.
. I am the individual who is the subject of the Information and will provide written instructions to the Company how I wish the Information to be used.
. I intend to use the Information in connection with a credit transaction involving the individual to whom the Information pertains involving the extension of credit to, or review or collection of the accounts of the individual to whom the Information relates (the "Subject").
. I intend to use the Information in connection with the underwriting of insurance involving the Subject, with his or her consent.
. I intend to use the Information in determining the eligibility of the Subject for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status.
. I intend to use the Information as a potential investor, service or current insurer in connection with a valuation of, or an assessment of the credit or prepayment risks associated with an existing credit obligation of the Subject with his or her consent.
. I have a legitimate business need for the Information with respect to a business transaction involving the Subject, which transaction was initiated by the Subject.
. I intend to use the information in response to a request by the head of a State or local child support enforcement agency and I certify as required in Section 13.

Section 2. Information.

Upon accepting your certification and verifying your identity, we shall provide you with the public record information (the "Information") you request. All Information provided by us shall be current as of the date provided to us and is made available to you on an "as is" basis. By accepting this agreement, you acknowledge that we are not responsible for the record keeping practices of third parties such as, but not limited to, county, state and federal courts, state repositories, state and regional prisons, local police stations, and all other local, state and federal organizations, from which we gather our data.

Section 3. Covenant of Compliance with Fair Credit Reporting Act

A. Complete Certification and Abide by Restrictions on Information. You hereby agree that if the purpose for which you have certified your use of Information causes you and the Company to be subject to the Fair Credit Reporting Act you will complete the applicable certifications at the end of this Agreement and you will not request the restricted Information set forth in Section 14 of this Agreement.
B. Adverse Actions - You hereby agree that if you take an adverse action on the basis of the Information provided by us to you against the Subject, you shall provide notice of the adverse action to the Subject including the following information:

(i) The name, address and telephone number of the Company;
(ii) A statement that the Company did not make the decision to take adverse action and is unable to provide the individual with the specific reasons the action was taken; and
(iii) A notice of individual's right to obtain a free copy of the Information provided by Company from the Company within sixty (60) days of its notice of adverse action and to dispute with the Company the accuracy of such information.

C. Payment for Our Performance Under the Fair Credit Reporting Act. You agree to pay us for the Information that we provide to the Subject should we have to disclose the Information to the Subject pursuant to any of the requirements of the Fair Credit Reporting Act. You understand and agree that neither of us shall charge the Subject for the Information.

Section 4. Verification and Delivery of Information. You shall submit all requests for Information to us in writing by on-line transmission, postal mail or by facsimile, and we shall submit all Information request results to you in writing by on-line transmission, postal mail or by facsimile. Upon receipt of an Information request, we shall use our best efforts to provide to you search results of the Information requested, as stated on our website, provided that we are first able to verify your identity (account). You understand there may be delays in completing the delivery of some Information requests due to court closures, court orders, acts or regulations of governmental bodies, document retrieval, document verification, failure of a third party's performance, inclement weather, any act of God, and other circumstances beyond our control. All Information requests received after 3:00 P.M. EST will be deemed received next business day.

Section 5. Consideration and Invoice Payment. You shall pay us fees, as updated from time to time through published fee schedules, in effect on the date of each Information request. All charges that you incur for the Information requested and the Information supplied to an individual relating to the Information shall be paid by credit card, check or money order. You hereby agree to pay all reasonable attorneys' fees and costs incurred by us in collection of any amount owed by you to us.

Section 6. Disclaimer of Warranties. THE INFORMATION BEING SOLD HEREUNDER IS "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE INFORMATION PROVIDED BY US PURSUANT TO THIS AGREEMENT, EXCEPT AS REQUIRED PURSUANT TO THE FAIR CREDIT REPORTING ACT, WHEN APPLICABLE, AND WE EXPRESSLY DISCLAIM WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS APPLICABLE.

Section 7. Limitation of Liability. We recognize the importance of furnishing accurate Information to you and we will make all reasonable efforts to provide timely and accurate Information through strict policies, procedures and audits of our employees and independent contractors. You understand and agree that any Information furnished pursuant to this Agreement has been created, maintained and reported by various federal, state and county agencies and other third parties which are not under our control. Responsibility for the accuracy of the Information rests solely with said agencies and other third parties which create, maintain and report said Information. WE WILL NOT BE LIABLE TO YOU FOR DAMAGES, AND YOU HEREBY RELEASE US FROM ANY LIABILITY FOR DAMAGES ARISING UNDER ANY THEORY OF LEGAL LIABILITY TO THE FULLEST EXTENT THAT YOU MAY LEGALLY AGREE TO RELEASE US FROM LIABILITY FOR SUCH DAMAGES, PROVIDED, HOWEVER, THAT YOU DO NOT RELEASE US FROM ANY LIABILITY ARISING SOLELY FROM OUR WILLFUL MISCONDUCT OR LOSS NEGLIGENCE (UNLESS ATTRIBUTED OR IMPUTED TO US BY REASON OF ANY ACT OR OMISSION OF YOURS WHETHER AS AN AGENT OF OURS OR OTHERWISE). IN THE EVENT WE ARE LIABLE TO YOU FOR ANY MATTER ARISING UNDER OR RELATING TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, EQUITY, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR NEGLIGENCE), THE AMOUNT OF DAMAGES RECOVERABLE AGAINST US FOR ALL SUCH MATTERS WILL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID TO US BY YOU FOR THE INFORMATION, AND RECOVERY OF THE AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER.

Section 8. Indemnity. You agree, whether or not this Agreement has expired or been terminated, to indemnify, defend and save and keep harmless us and our employees, agents and representatives, from and against any and all liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in settlement, claims, actions, proceedings, suits, judgments, costs, interest, expenses and disbursements of any kind and nature whatsoever arising under any theory of legal liability (including attorneys’ fees and costs) that may be imposed on, incurred by or asserted against us, and our employees, agents or representatives, in any way relating to, resulting from, based upon, or arising out of the services performed and Information provided pursuant to this Agreement.

Section 9. Limitation of Actions. No claim may be asserted by either party hereto against the other party with respect to any event, act or omission that occurred more than two (2) years prior to such claim being asserted.

Section 10. Attorneys' Fees. If any action at law or in equity, arbitration or other proceeding is brought for the enforcement or interpretation of this Agreement, or because of an alleged breach of the provisions of this Agreement, or in any way arising out of the transactions contemplated by this Agreement, or in any way arising out of the transactions contemplated by this Agreement, whether sounding in tort or contract or otherwise, the prevailing party is entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action, arbitration or other proceeding (including, but not limited to, expenses and costs of investigation, witness fees and travel), in addition to any other relief to which the prevailing party may be entitled.

Section 11. Miscellaneous

1. Entire Agreement of the Parties. This Agreement and the related documents hereto or expressly contemplated hereby contain the entire understanding of the parties relating to the subject matter contained herein and supersede all prior written or oral and all contemporaneous oral agreements and understanding relating to the subject matter hereof. This Agreement cannot be modified or amended except in writing duly executed by both parties.

2. Notices. Any notices required to be given under this Agreement shall be given in writing to the parties at the addresses set forth above.

3. Independent Contractor. The relationship created by this Agreement is intended to be solely one of independent contracting parties and not of partnership, principal and agent or similar obligation. We shall, at all times, be regarded as an independent contractor and shall at no time act as agent or employee for you. We may use any employees or subcontractors as we deem necessary to perform the services required of us by this Agreement. You may not control, direct or supervise our employees or subcontractors in the performance of said services. Each of the parties to this Agreement has relied upon its own investigation and judgment in determining to become a party to this Agreement and has not relied upon any representation or promise of the other party that is not reflected in this Agreement.

4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of us and its successors and assigns and you and your successors and assigns.

5. Sever ability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

6. Governing Law, Venue and Jurisdiction. This Agreement shall be controlled by, construed and enforced in accordance with the laws of the State of Florida. Any claim or cause of action shall be brought by either party in the state courts of Florida and in the County of Broward.

Section 12. Further Certification for Employment Purposes.

If you will be using the Information for employment purposes, pursuant to the Fair Credit Reporting Act, you must further certify as follows:

A. I have complied with section 1681b(b)(2) of the Fair Credit Reporting Act by making a clear and conspicuous disclosure in a stand alone writing to the Subject, prior to the procuring of the Information from the Company, that the Information, which shall be considered a "consumer report" will be procured for employment purposes.
B. The Subject has authorized in writing on the provided notice of disclosure the procurement of the Information from the Company.
C. I will comply with section 1681(b)(3) of the Fair Credit Reporting Act prior to taking any adverse action with respect to the Subject due to the Information.
D. The Information will not be used in violation of any applicable Federal or State equal employment law or regulation.

Section 13. Child Support Enforcement

If the selected purpose for obtaining the Information is with respect to child support enforcement, you must certify to us as follows:

A. The Information, which shall be a consumer report, is needed for the purpose of establishing the capacity of the Subject to make child support payments or determine the appropriate level of payments.
B. The paternity of the Subject for the child for which the child support obligation exists has been established or acknowledged by the Subject in accordance with State laws under which the obligation arises (if required by those laws.)
C. I have provided at least ten (10) days prior notice to the Subject, by certified or registered mail to the last known address of Subject, that the Information has been requested.
D. The Information shall be kept confidential, will be used solely for the purpose described in paragraph 1 of this certification, and will not be used in connection with any other civil, administrative or criminal proceeding or for any other purpose.

Section 14. Restrictions on Information under the Fair Credit Reporting Act.

If your Information request is subject to the Fair Credit Reporting Act, the Information provided to you shall exclude: (1) Cases under Title 11 of the United States Code or under the Bankruptcy Act that, from the date of entry of the order of relief or the date of adjudication, as the case may be, antedate the date the Information which was requested by more than ten (10) years; (2)Civil suits, civil judgments, and records of arrest that, from the date of entry, antedate the date the Information was requested by more than seven (7) years or until the governing statute of limitations has expired, whichever is the longer period; (3) Paid tax liens which, from the date of payment, antedate the date the Information was requested by more than seven (7) years; (4) Accounts placed for collection or charged to profit and loss which antedate the date the Information which was requested by more than seven (7) years, and (5) Any other adverse item of information, other than records of convictions of crimes which antedates the date of request for Information by more than seven (7) years; unless you can check one of these three boxes:

[] The Information is to be used in connection with a credit transaction involving a principal amount of $150,000 or more.

[] The Information is to be used in connection with the underwriting of life insurance involving a face of amount of $150,000 or more.

[] The Information is to be used in connection with the employment of an individual at an annual salary which equals or exceeds $75,000.

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