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This document sets forth the terms on which PeekaCity.com makes the PeekaCity API (as defined below) available for use by approved licensees on other websites. By using the PeekaCity API, you and the organization identified in your application for the PeekaCityAPI ("you") agree to be bound by the following terms of use ("API Terms of Use").

The following terms apply to both the Embedded Amenity Maps API and Amenity Reports API (defined below); to the extent you are approved for one, the other, or both versions of the PeekaCity API.

1. PeekaCity API.

The PeekaCity API is PeekaCity.com's service that allows approved licensees to retrieve amenity information surrounded address in the United States of America ("PeekaCity Data"). The PeekaCity API consists of multiple application program interfaces for retrieving various PeekaCity Data, grouped generally into calls to embedded an interactive amenity map (the "EmbeddedAmenity Maps API") and calls to create PDF reports (the "Amenity Reports API"). The PeekaCity API, Embedded Amenity Maps and AmenityReports API are further defined in the API documentation section of this website. PeekaCity.com may release subsequent versions of the PeekaCity API and require you to obtain and use the most recent version. New versions may not be compatible with your previous implementation. PeekaCity.com will identify releases at www.peekacity.com/help.aspx?topic=api&page=release.

2. License to PeekaCity API & Data.

If you are approved by PeekaCity.com for use of the PeekaCity API, and subject to these Terms of Use, you may access the PeekaCity API, implement the PeekaCity API on your website(s), and distribute PeekaCity Data to consumers for their personal use without charge on your Web site(s), all in accordance with the PeekaCity API Network Branding Requirements.

This license is subject to the following restrictions:

·      All calls to the PeekCity API must reference the PCID issued to you as an approved licensee.

·      You agree that you will provide the PeekaCity Data to users on "as is" terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.

·      You agree to keep the PCID confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and PCID.

·       You may present the PeekaCity Data only on a transactional basis. You will not permit your users to access the PeekaCity Data in bulk.

·       You may not retain any copies of the PeekaCity Data. Your license to PeekaCity Data is limited to making direct server calls to PeekaCity.com for the PeekaCity Data and to distributing the PeekaCity Data to your end user on your Website(s), immediately upon receipt by your servers.

·       You may not present the PeekaCity Data (or permit the PeekaCity Data to be presented) so that it appears to be available from a third party Web site.

·      You may not use the PeekaCity Data for direct marketing (i.e., mailing, emailing) or telemarketing lists.

·      You may not separately extract and provide or otherwise use data elements from the PeekaCity Data to enhance the data files of third parties.

·      You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the PeekaCity API or any data provided by PeekaCity.com.

·      You are limited to one thousand (1000) calls to the Embedded Amenity Map API and one hundred (100) calls to the Amenity Reports API per day. PeekaCity.com may approve higher daily call limits if you adhere to these API Terms of Use and pass a PeekaCity audit and review.

·      You may not use the PeekaCity Data to provide a service for other businesses.

·      You must use commercially reasonable efforts to prevent the PeekaCity Data from being downloaded in bulk or otherwise scraped. Such efforts include "spider traps," "C.A.P.T.C.H.A.," velocity checks, source IP analysis, or other methods that are as effective.

·       If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use, or the terms of PeekaCity.com Terms of Use linked pursuant to Section 3 and the PeekaCity API Network Branding Requirements (the "Applicable Terms"), then you agree to notify PeekaCity.com promptly of such breach by e-mail to API@peekacity.com, and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of PeekaCity.com, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to PeekaCity.com or its licensors, or (b) assign any of your applicable rights to permit PeekaCity.com or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the PeekaCity API.

3. License to PeekaCity Brand & Links.

You agree, and PeekaCity.com grants you a license, to implement the PeekaCity name, logo(s), and links to PeekaCity.com (the "PeekaCity Brand & Links") on any webpage incorporating the PeekaCity API and/or PeekaCity Data, in accordance with the PeekaCity API Network Branding Requirements.

4. Acceptable Use.

You agree not to use the PeekaCity API, PeekaCity Data, or PeekaCity Brand & Links in any way that is unlawful, or harms PeekaCity.com, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 11 below, PeekaCity.com may terminate your use of the PeekaCity API, PeekaCity Data and PeekaCity Brand & Links if and when PeekaCity.com determines that your use is inappropriate.

5. Limited Relationship.

You and PeekaCity.com are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the PeekaCity API, you agree not make any other public statements that assert or imply any other relationship with PeekaCity.com, unless you have PeekaCity.com's prior written approval.

6. Indemnity.

You agree to hold harmless and indemnify PeekaCity.com, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the PeekaCity API or PeekaCity Data, use of PeekaCity Brand & Links other than as set forth in the PeekaCity API Network Branding Requirements, violation of these API Terms of Use or other actions connected with use of PeekaCity.com services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PeekaCity.com will provide you with written notice of such claim, suit or action.

7. NO WARRANTY.

PEEKACITY.COM PROVIDES THE PEEKACITY API, PEEKACITY DATA, AND PEEKACITY BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEEKACITY.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PEEKACITY.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C)WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

8. LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL PEEKACITY.COM OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES,INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF PEEKACITY API, PEEKACITY DATA, OR PEEKACITY BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IFYOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PEEKACITY.COM OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PEEKACITY API, PEEKACITY DATA, AND PEEKACITY BRAND & LINKS.

9. Intellectual Property.

The PeekaCity API, PeekaCity Data, and PeekaCity Brand & Links are the property of PeekaCity.com, and subject to the intellectual property rights of PeekaCity.com and its licensors. (c) 2007 PeekaCity.com. All rights reserved.

10. Changes.

PeekaCity.com reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the PeekaCity API and/or PeekaCity Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. PeekaCity.com may suspend or discontinue the Services at any time to you and/or to others, without notice.

11. Termination.

PeekaCity.com may change, suspend or discontinue the PeekaCity API and suspend or terminate your use of the PeekaCity API, PeekaCity Data, and/or PeekaCity Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the PeekaCity API, PeekaCity Data, and PeekaCity Brand & Links, removing implementation of the PeekaCity API from your website(s), and deleting all copies of the PeekaCity Data and PeekaCity Brand & Links.

12. Choice of Law; Disputes.

These API Terms of Use are governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Cook County, Illinois, for any and all disputes, claims and actions arising from or in connection with the Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

13. General.

You represent that you have the authority to bind the organization (if any) identified in your application for the PeekaCity API. You agree not to export from anywhere any part of the PeekaCity API, PeekaCity Data, or PeekaCity Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the PeekaCity API, PeekaCity Data, or PeekaCity Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. PeekaCity.com may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your PCID to any third party. PeekaCity.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and PeekaCity.com with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and PeekaCity.com with respect to the PeekaCity API, PeekaCity Data, or PeekaCity Brand & Links.

Last revised June 2007




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