TERMS OF USE
AGREEMENT BETWEEN YOU
(referred to as the "User" or "You") AND TITLE SOURCE USA, INC AND ITS
AFFILIATES (referred to as "Title Source")
This web site and any web sites, web pages, and
services also operated by Title Source that are linked ("Title Source Sites") is
offered to User on the condition that User accepts and agrees to abide by,
without modification, all of the terms, conditions, and notices contained herein
(collectively "Terms of Use") and any other terms and guidelines, if any,
contained within each Title Source Site. If You do not or can not agree with any
part of the Terms of Use, You may not use or access the Title Source Site.
User's use of any Title Source Site constitutes User's acceptance of, and
agreement to, all such terms, conditions, and notices. In the event that any of
the terms, conditions, and notices contained herein conflict with the Terms of
Use or such other terms and guidelines contained within any particular Title
Source Site, then the terms of use and other terms and guidelines for such other
Title Source Site shall control. User agrees to review all other terms and
guidelines found throughout the Title Source Sites and abide by them if User
chooses to use the sites, pages, or services to which they apply.
OWNERSHIP AND USE LIMITATIONS
All information, data, text, software,
music, sound, photographs, graphics, video, messages, or other material
("Content") presented to You on the Title Source Sites is owned by Title Source
and various third parties. Nothing contained on the Title Source Sites grants
User, by implication, estoppel, or otherwise, any license or right to use any of
the Content without the written permission of Title Source or such other party
that may own the Content. Any use of any of the marks appearing throughout the
Title Source Sites without the express written consent of Title Source or the
owner of the mark, as appropriate, is strictly prohibited.
User's sole rights of use to the Content are the right
to view and print documents and graphics incorporated in the documents from any
Title Source Site subject to the following: (1) the documents may be used solely
for personal and informational purposes and (2) the documents may not be
modified or altered in any way. Except as expressly provided herein, User may
not use, download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit, or distribute any software, product, services, or
information from any Title Source Site, in whole or in part, without the prior
written permission of Title Source or the applicable third party. Title Source
reserves the right to make changes or updates to the Title Source Sites or the
products or programs described on the Title Source Sites at any time without
notice.
Title Source may not have the right to authorize User
to download, publish, or republish any photographs, images, or audio files (the
"Graphical Content") accessed through any Title Source Site. Title Source
provides User with the URL or address of the owner or server of all Graphical
Content. If User intends to make use of any Graphical Content accessed through
any Title Source Site for commercial or noncommercial purposes (other than as
part of viewing the Title Source Sites or in a printed form of the Title Source
Site) User must contact the server of the Graphical Content for permission to
use it.
LINKS TO THIRD PARTY SITES
Title Source has provided links and pointers to Internet sites maintained by
third parties. Because Title Source has no control over such sites and
resources, User acknowledges and agrees that Title Source is not responsible for
the availability of such external sites or resources, does not endorse, and is
not responsible or liable for any Content, privacy policies, advertising,
products, or other materials on or available from such sites or resources. User
further acknowledges and agrees that Title Source will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods,
or services available on or through any such site or resource.
Title Source believes, but does not warrant or
represent, that people who make information available on the Web do so with the
expectation that such information will be publicly and widely available. Title
Source also believes, but does not warrant or represent, that making links to
publicly accessible Web pages available at this site is legally permissible and
consistent with the common, customary expectations of those who make use of the
Web communications media.
NO SECURITY REPRESENTATIONS OR WARRANTIES ARE MADE
Title Source cannot, and does not, make any representations or warranties as to
the security of any information (including, without limitation, credit card and
other personal information) User might be requested to give any third party or
that the site is free from viruses or other invasive and potentially damaging
programs.
LIABILITY DISCLAIMER
The information, software, products, and services included on any Title Source
Site or any third party site may include inaccuracies or typographical errors.
Changes are periodically made to the information contained at any Title Source
Site. Title Source and/or its respective suppliers may make modifications and/or
changes in any Title Source Site at any time. Advice received via any Title
Source Site should not be relied upon for personal, medical, legal, or financial
decisions and User should consult an appropriate professional for specific
advice tailored to User's situation.
TITLE SOURCE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON
ANY TITLE SOURCE SITE OR ANY THIRD PARTY SITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. TITLE SOURCE AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
TITLE SOURCE MAKES NO WARRANTY THAT (1) ANY TITLE
SOURCE SITE WILL MEET USER'S REQUIREMENTS, (2) THE INFORMATION ON ANY TITLE
SOURCE SITE WILL BE TIMELY OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH
ANY TITLE SOURCE SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN ANY
TITLE SOURCE SITE WILL BE CORRECTED.
IN NO EVENT SHALL TITLE SOURCE AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I)
THE USE OR PERFORMANCE OF ANY TITLE SOURCE SITE OR THIRD PARTY SITE; (II) THE
DELAY OR INABILITY TO USE ANY TITLE SOURCE SITE OR THIRD PARTY SITE; (III) THE
PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE; (IV) THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH ANY TITLE SOURCE SITE
OR THIRD PARTY SITE, OR (IV) ANY TITLE SOURCE SITE OR THIRD PARTY SITE OR
OTHERWISE ARISING OUT OF THE USE OF ANY TITLE SOURCE SITE OR THIRD PARTY SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF TITLE
SOURCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF ANY TITLE SOURCE SITE
OR THIRD PARTY SITE, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH TITLE SOURCE SITE OR THIRD PARTY
SITE.
ACCESS RESTRICTION
Title Source reserves the right to deny in its sole discretion any user access
to any Title Source Site or any portion thereof without notice.
NO UNLAWFUL OR PROHIBITED USE
As a condition of User's access and use of the Title Source Sites, User will not
use any Title Source Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. User may not use the Title Source Sites or
any services offered through such in any manner that could damage, disable,
overburden, or impair any Title Source server, or the network(s) connected to
any Title Source server, or interfere with any other party's use and enjoyment
of any of the Title Source Sites or services thereunder. User may not attempt to
gain unauthorized access to any non-public portion of the Title Source Sites for
which it is not granted access, through hacking, password mining or any other
means. User may not obtain or attempt to obtain access to any materials or
information not intentionally made available to the public through the Title
Source Sites except as authorized by Title Source.
FEEDBACK
Title Source does not want to receive confidential or proprietary information
from User through the Title Source Sites unless specifically requested by Title
Source and on a secure web page. Except where expressly provided otherwise by
Title Source, all comments, feedback, information, or materials submitted to
Title Source through or in association with any Title Source Site shall be
considered non-confidential and Title Source's property. By submitting such
comments, feedback, information, or materials to Title Source, User agrees to a
no-charge assignment to Title Source of all worldwide rights, title, and
interest in copyrights and other intellectual property rights to the comments,
feedback, information. or materials. Title Source shall be free to use such
comments, feedback, information, or materials on an unrestricted basis.
Title Source reserves the right to communicate with
registered users at various times through e-mail. Upon registering a new account
with Title Source, the new account may be automatically signed up to receive
various e-mails and other correspondence. Users may, in some instances, indicate
preferences for receipt of some of these e-mails.
User represents and warrants that he or she is at
least 18 years of age and possesses the legal right and ability to agree to
these Terms of Use and to use the Title Source Sites in accordance with these
Terms of Use and all other terms and conditions stated in the Title Source
Sites. User agrees to be financially responsible for all use of any Title Source
Site or third party site (as well as for use of User's account by others,
including without limitation minors living with User). User agrees not to
assign, transfer, or sublicense User's rights pursuant to these Terms of Use.
User may allow other members of User's business or household to use any Title
Source Site or third party site under User's name or account, provided that User
hereby agrees to pay all charges that they incur and to be responsible for all
other aspects of their usage. User agrees to supervise all usage by minors of
any Title Source Site under User's name or account.
USE OF INFORMATION
The name, address, and payment information (if applicable) that the User
provides via any Title Source Site, together with information regarding the
manner in which the User uses any Title Source Site, will not be processed or
disclosed by Title Source except as permitted by these Terms of Use and Title
Source's Privacy Policy. By being a user of any Title Source Site, User agrees
that Title Source may share with other parties both aggregate information,
individual information, and Locator information gathered by Title Source in the
course of the User's continuing use of any Title Source Site. "Aggregate
information" is information that describes the habits, usage patterns, and/or
demographics of users as a group, or as a part of a group, but does not describe
or reveal the identity of any user. "Individual information" is information
about a user that is presented in a form distinguishable from information
relating to other. "Locator information" consists of a user's name, e-mail
address, physical address, and/or other data about the user that enables the
recipient to personally identify the user.
INDEMNITY
As a condition of use of any Title Source Site, User agrees to indemnify,
protect, defend, and hold Title Source and its suppliers harmless from and
against any and all liabilities, expenses (including attorneys' fees), and
damages arising out of claims resulting from: (a) User's use of any Title Source
Site or (b) User's customers or others accessing or using any Title Source Site
by, through, or under User, including without limitation any claims alleging
facts that if true would constitute a breach by User of these Terms of Use.
MODIFICATION OF THESE TERMS OF USE
Title Source reserves the right to change these Terms of Use at any time by
revising the terms and conditions herein. All changes to these Terms of Use and
the Title Source Sites shall be effective immediately. User is responsible for
regularly reviewing these Terms of Use. Continued use of any Title Source Site
following any such changes shall constitute the User's acceptance of such
changes.
USE OF ONLINE WEB COMMUNITIES
If any Title Source Site contains bulletin board services, chat areas, news
groups, forums, communities, and/or other message or communication facilities
(collectively, "Communities"), User agrees to use the Communities only to send
and receive messages and material that are proper and related to the particular
Forum. By way of example, and not as a limitation, User agrees that when using a
Community, User shall not:
Title Source reserves the right to terminate User's
access to any or all of the Communities, at any time, without notice for any
reason whatsoever.
Title Source has no obligation to monitor the
Communities. However, Title Source reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation, legal
process, or governmental request, or to edit, refuse to post, or to remove any
information or materials, in whole or in part, in Title Source's sole
discretion.
User acknowledges that all Communities are public and
not private communications; therefore, User's communications may be read by
others without User's knowledge. Always use caution when giving out any
personally identifying information about User or User's children in any
Community. Title Source does not control or endorse the content, messages or
information found in any Community and, therefore, Title Source specifically
disclaims any liability with regard to the Communities and any actions resulting
from User's participation in any Community. Forum managers and hosts are not
authorized Title Source spokespersons, and their views do not necessarily
reflect those of Title Source.
By posting messages, uploading files, inputting data,
or engaging in any other form of communication through any Title Source Site,
User is granting Title Source permission to:
The foregoing grants shall include the right to
exploit any proprietary rights in such communication, including but not limited
to rights under copyright, trademark, service mark, or patent laws under any
relevant jurisdiction.
User agrees to (as available) send and receive
electronic mail, engage in conferences and chats, download and upload files, and
otherwise use any Title Source Site only as permitted by these Terms of Use, any
additional policies or procedures published in any Title Source Site from time
to time by Title Source, and in accordance with applicable law.
Title Source reserves the right for any reason to
remove without notice any contents of any Title Source Site received from User,
including without limitation bulletin board postings. Title Source reserves the
right to deny, in its sole discretion, User access to any Title Source Site or
any portion thereof without notice. Title Source reserves the right to edit any
notices or postings for clarity and length.
User acknowledges that chats, conferences, bulletin
boards, and any other such communications forums hosted by any Title Source Site
are public and not private communications. Further, User acknowledges that
chats, postings, conferences, and other communications by other users are not
endorsed by Title Source, and such communications shall not be considered
reviewed, screened, or approved by Title Source.
SUBSCRIPTION BASED CONTENT
Some contents and/or services on a Title Source Site may be offered to User
conditioned on User's payment of subscription fees. If User elects to purchase
subscription based content/services and transmits to Title Source a subscription
purchase request, User warrants that all information that User submits is true
and accurate (including without limitation User's credit card number and
expiration date), and User agrees to pay all subscription fees User incurs. Like
all Web publications, those accessed through any Title Source Site may be
temporarily unavailable from time to time due to required maintenance, failures,
telecommunications interruptions, or other disruptions. Although Title Source
makes reasonable efforts to minimize such downtime, Title Source does not
guarantee 100% availability of any site whatsoever. If User wishes to cancel
User's subscription for any reason, User may do so through the Subscription
Services feature of the appropriate web site, but there shall be no refunds of
subscription fees previously paid.
User's subscription is personal to User and the
members of User's household, and User may not transfer or make available User's
account name and password to others, including without limitation User's
co-workers. Any distribution by User of User's account name and password may
result in cancellation of User's subscription without refund and additional
charges based on unauthorized use.
SOFTWARE AVAILABLE ON THIS WEB SITE
Software (if any) that is made available to download
from any Title Source Site ("Software") is the copyrighted work of Title Source
USA, Inc., its affiliates, and/or its suppliers. User's use of the Software is
governed by the terms of an end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). User may not
install or use any Software that is accompanied by or includes a License
Agreement unless User first agrees to the License Agreement terms. For any
Software not accompanied by a license agreement, Title Source hereby grants to
User, a personal, non-transferable license to use the Software for viewing and
otherwise using any Title Source Site in accordance with these Terms of Use, and
for no other purpose provided that User keeps intact all copyright and other
proprietary notices. Please note that all Software, including without limitation
all HTML code and ActiveX controls contained in any Title Source Site, is owned
by Title Source, its affiliates, and/or its suppliers and is protected by
copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software, without the express consent of the copyright
owner, is expressly prohibited by law, and may result in severe civil and
criminal penalties.
Violators may be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. User acknowledges that the
Software, and any accompanying documentation and/or technical information, are
subject to applicable export control laws and regulations of the
RESTRICTED RIGHTS LEGEND.
Any Software, which is downloaded from any Title Source Site for or on behalf of
the
GENERAL
Title Source reserves the right to make any and all changes or discontinue the
availability of any Title Source Site at its sole discretion without notice to
User. Title Source reserves the right to deny access to any Title Source Site to
anyone at anytime. User agrees that Title Source will not be liable to You or to
any third party for any modification, suspension, or discontinuance of any Title
Source Site unless specifically stated in a written agreement with Title Source.
User's access to and use of the Title Source Sites is
governed by the laws of the State of Florida, U.S.A. User consents to the
exclusive jurisdiction and venue of courts in Orange County, Florida, U.S.A., in
all disputes arising out of or relating to the use of the Title Source Sites.
Use of the Title Source Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms of Use, including without
limitation this paragraph.
User acknowledges that no joint venture, partnership,
employment, or agency relationship exists between the User and Title Source as a
result of this Terms of Use or use of any Title Source Site. User agrees not to
hold himself or herself out as a representative, agent, or employee of Title
Source and Title Source shall not be liable for any representation, act, or
omission of the User.
Title Source's obligations under these Terms of Use is
subject to existing laws and legal process and nothing contained in these Terms
of Use is in derogation of Title Source's right to comply with law enforcement
requests or requirements relating to the User's use of any Title Source Site or
any information provided to or gathered by Title Source with respect to such
use.
If any part of these Terms of Use is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms of Use shall continue in effect.
These Terms of Use constitute the entire agreement
between the User and Title Source with respect to the Title Source Sites and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between the User and Title Source with respect to
the Title Source Sites, unless specifically subject to a written agreement
between Title Source and User. A printed version of these Terms of Use and of
any notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to the Title Source Sites to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
SERVICE CONTACT
Contact Info@TitleSourceUSA.com
with questions or problems with any Title Source Site. Please provide the
webmaster with information, including the "URL" about the specific Title Source
Sites of which you are inquiring.
FOR INFORMATION REGARDING THE TITLE SOURCE PRIVACY
STATEMENT, CLICK HERE
Title Source USA, Title Source USA, Inc., and other
names of Title Source products and/or services referenced herein are service
marks, trademarks or registered trademarks of Title Source USA, Inc. or its
affiliated entities. Other product and company names mentioned herein may be the
trademarks of their respective owners. User's use of any Title Source Site in no
way authorizes User to use any Title Source name, trademark or logo.
All contents of any Title Source Site are: Copyright ©
2007 Title Source USA, Inc. and/or its suppliers,