CoreLogic, Inc. d/b/a Cotality and/or its subsidiaries or affiliates (herein “Cotality”) is offering a text messaging service to our current and prospective clients in an effort to greater improve our communications (the “Messaging Service”). The use of this Message Service is subject to these Messaging Service Terms and Conditions (the “Agreement”). By opting in to participate in the Messaging Service, you (“you” or “End User”) accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding arbitration as detailed in the “Dispute Resolution; Binding Arbitration” section below.

1. Messaging Service Description‍

End Users that opt into the Messaging Service can expect to receive text messages that may include promotional material regarding our products and services.

2. Eligibility

To use the Messaging Service, you must: (i) be at least eighteen (18) years of age; (ii) be a current or prospective client of Cotality; (iii) have a wireless device of your own capable of SMS/MMS text messaging and be a wireless service subscriber with text messaging service; and (iv) opt-in asset forth below.

3. Opt-In

‍You must affirmatively opt into the Messaging Service through an online enrollment form. By opting into the Messaging Service, you agree to receive text messages at the phone number associated with your opt-in. Message and data rates may apply.

4. Opt-Out

If you do not want to continue to participate in the Messaging Service or no longer agree to this Agreement, you must reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text message from Cotality. You may receive an additional text message confirming your decision to opt out. You understand and agree that this is the exclusive method to opt out. You can always opt-in later by texting START, which will resubscribe you to the Messaging Service (if then available).

5. Notification Obligation

‍If at any time you intend to stop using the text telephone number that has been used to subscribe to the Messaging Service, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the text telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions.

6. Indemnification

‍YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD COTALITY HARMLESS FROM ANY CLAIM OR LIABILITY ARISING FROM TEXT MESSAGES BEING SENT FROM THE MESSAGING SERVICE TO THE TEXT TELEPHONE NUMBER YOU PROVIDED IF SUCH CLAIMOR LIABILITY IS THE RESULT OF YOUR FAILURE TO COMPLY WITH SECTION 5 (NOTIFICATION OBLIGATION).

7. Fees

‍Cotality does not charge you for the Messaging Service. Message and data rates from your carrier may apply.

8. Support

For support, please contact your account manager or the toll-free customer service number associated with the specific products or services you receive from Cotality.

9. Disclaimer

‍ The Messaging Service is offered on an "as-is" basis and may not always be available in all areas and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Cotality will not be liable for any delays or failures in the receipt of any text messages connected with this Messaging Service. Delivery of text messages is subject to effective transmission from your wireless service provider/network operator and is outside of Cotality’s control. Carriers are not liable for delayed or undelivered messages

10. Limitation of Liability‍

COTALITY'S LIABILITY IN CONNECTION WITH MESSAGING SERVICE IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING $10,000 (COTALITY'S LIMITATION OF LIABILITY). THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT SHALL BE AGGREGATED TO CALCULATE SATISFACTION OF THIS LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT ENLARGE THIS LIMIT. COTALITY SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF COTALITY IS AWARE OF THE POSSIBILITY OF SUCH LOSS ORDAMAGES. THIS SECTION 10 STATES YOUR SOLE AND EXCLUSIVE REMEDY. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN REMEDIES,YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

11. Term

‍This Agreement may be terminated by Cotality at any time, upon which you will no longer have access to the Messaging Service. Subject to the foregoing, this Agreement shall remain in effect for as long as you have access to the Messaging Service.

12. General Provisions:

a. Severability. If any of the provisions of this Agreement becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

b. Assignment. You shall not assign this Agreement or any rights or obligations hereunder.

c. Modification. Cotality may modify this Agreement at any time. If/when Cotality modifies the Agreement, you will be required to accept the new Agreement to continue to use the Messaging Service.

d. Dispute Resolution; Binding Arbitration. Except for disputes relating to enforcement of a party’s patent, copyright, trademark or trade secret rights, or if you opt out of arbitration pursuant to Section12(f), all claims arising out of or relating to this Agreement and/or the Messaging Service shall be finally settled by binding arbitration administered by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) in accordance with the provisions of its Comprehensive Arbitration Rules & Procedures then in effect, excluding any rules or procedures governing or permitting class actions. The JAMS rules may be found and reviewed at https://www.jamsadr.com/rules-comprehensive-arbitration. The arbitration will take place in Orange County, California, unless another location is mutually agreed upon by you and Cotality. The arbitrator, who shall be selected in accordance with the JAMS rules, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. This dispute resolution provision will be governed by the Federal Arbitration Act. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

e. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

f. Arbitration Opt-Out. You have the right to optout and not be bound by the arbitration and class-action waiver provisions set forth in this Section 12 by sending written notice of its decision to opt out to the Cotality address set forth in Section 12(i). The notice must be sent within 30 days of registering to use the Messaging Service; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, Cotality also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Cotality may terminate this Agreement and your use of the Messaging Service.

g. Governing Law. The interpretation of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within such State. Subject to Section 12(d), the parties submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior and Municipal Courts of the State of California, Orange County in any litigation arising out of this Agreement. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The prevailing party shall be awarded its reasonable attorney’s fees and costs in any lawsuit arising out of or related to this Agreement.

h. Relationship of Parties. Neither party is nor shall be a partner, joint venturer, agent or representative of the other party solely by virtue of this Agreement. Neither party has the right, power or authority to enter into any contract or incur any obligation, debt or liability on behalf of the other party.

i. Notices. All notices to you shall be sent to you re-mail address as provided to Cotality. Notices to Cotality shall be sent to 40 Pacifica, Suite 900, Irvine, California 92618, with a copy to Cotality’scounsel at the same address marked Attention: Legal Department. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail, or email in Cotality’s case, or overnight service.

j. Survival. The following sections shall survive the expiration or termination of this Agreement: 6 (Indemnification); 9(Disclaimer); 10 (Limitation of Liability); and 12 (General Provisions).

k. Non-U.S. End Users. If you are located outside of the United States and choose to use the Messaging Service after Cotality’s written consent, any information provided by you in connection with the Messaging Service will be transferred, processed, and stored in the United States, and may be transferred, processed, and stored in other countries. Privacy laws in the United States and such other jurisdictions may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by the submission of any personal information in connection with the Messaging Service represents your agreement to the storage of your personal information in the United States or other jurisdictions. If you do not want your personal information transferred to or processed or stored in the United States or other jurisdictions, do not use the Messaging Service.

l. Notice for California End Users. Under California Civil Code Section 1789.3, California End Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

m. Privacy Policy. Personal information collected by Cotality in connection with the Messaging Service shall be governed by Cotality’s Privacy Policy located at https://www.cotality.com/legal/privacy-policy. Cotality will not “sell” your personal information or personal data (as such terms are defined under applicable law) for marketing purposes. Cotality will not “share” your personal information or personal data except with third parties used to facilitate the delivery of messages and as permitted by law.