Fictitious Business Name Agreement by dyv66640


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									                                                                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:

New or Renewal filings                                                                          Ownership category
Date Filed                                                                                      Date business commenced
File number                                                                                     Articles of Incorporation (if applicable)
All fictitious business names on filing                                                         Filing clerk’s name
Business address
Business Telephone (if applicable)
All owner names and addresses
Owner telephone numbers if available

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                      $100.00
_____      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.

           _____       ASCII Print Image Format

TOTAL ORDER:                                                                                                                                  _________


Subscribers Name: (please print) __________________________________________________________

Subscriber’s Firm Name:__________________________________________________________________


City:_______________________________________, State:_________________ Zip Code:____________



E-mail Adress:__________________________________________________________________________

Subscriber’s Choice:     “CD”               “E-mail”

Format Choice:          “Text”              “CSV” (person, statement, business)
                                                       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

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

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