This Website is owned and operated by Titlevest Agency,
Inc. ("TitleVest") and is made available to you for informational purposes only. Certain portions of the
Website may be accessed only by those individuals and organizations who either are conducting business with
TitleVest or who have a bona fide intent to conduct business with TitleVest in the future (the "Restricted
Areas"). You will be required to fill out a registration form on the Website in order to gain access to the
Restricted Areas. You represent and warrant that all information submitted by you during the registration
process ("Registration Data") is complete and accurate in all respects. You further agree to update your
Registration Data in the event that such data changes in the future in order to maintain the completeness
and accuracy of your Registration Data in all respects. TitleVest retains the right to accept or reject any
such registration in its sole discretion.
By accessing or using this Website, you agree to these Terms of Agreement and to our Privacy Statement. You
will be required to check an appropriate box as part of the registration process in order to indicate your
assent to these Terms of Agreement and our Privacy Statement prior to using or accessing the Restricted
Areas. If you do not agree to the Terms of Agreement and Privacy Statement, you may not access or use the
Restricted Areas.
Your Use of the Website
You may access the Restricted Areas of this Website only through use of an authorized User ID and password.
You are solely responsible for maintaining the confidentiality of your User ID and password, and you shall
be deemed responsible for all use of the Website through your User ID and password. Under no circumstances
may you transfer your User ID and password to any other person or organization or otherwise permit any third
party to use your User ID and password to access the Restricted Areas.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or services obtained from the
Website. You may display and electronically copy, download and print hard copy portions of the material
contained on the Website for your own non-commercial use, provided that you do not modify or delete any
copyright, trademark or other proprietary notices. Any other use of materials on the Website, including but
not limited to the modification, reproduction, distribution, republication, display or transmission of the
content of this Website, without the prior written permission of TitleVest, is strictly prohibited.
Any material you download, including but not limited to software, files, graphics, data or any other
content, is owned by TitleVest or its third party providers. When you download these materials, they are
provided to you by TitleVest under a license that is revocable at any time, with or without cause.
Proprietary Rights
You acknowledge that this Website, any software used in connection with the products and services provided
on this Website, and all content contained on this Website, are owned by TitleVest and contain or consist of
proprietary and confidential information that is protected by applicable intellectual property and other
laws. TitleVest retains full and complete title to the foregoing software, materials and information and to
all of the associated intellectual property rights contained on the Website. You may not redistribute or
sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form
usable by humans.
The logos, trade names, and product and service names contained on this Website are the trademarks and
service marks of TitleVest or its third party providers. You agree not to display or use in any manner such
logos, trade names, product names, or service names without the prior written permission of TitleVest.
TitleVest also retains ownership of the "look and feel" of this Website, including color combinations,
buttons, layout, and other graphical elements.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability,
appropriateness, originality and copyright of any such material. You may not upload to, distribute, or
otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may
constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to
liability or violate any law.
Disclaimer
TITLEVEST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS Website'S
CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS Website SUPPLIED BY TITLEVEST, YOU OR ANY
THIRD PARTY. THIS Website AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS Website, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TITLEVEST
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TITLEVEST DOES NOT REPRESENT OR WARRANT
THAT THE FUNCTIONS CONTAINED IN THE Website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS Website OR THE SERVER THAT MAKES THE Website AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TITLEVEST DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE
MATERIALS IN THIS Website IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT TITLEVEST) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT
APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL TITLEVEST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF TITLEVEST HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR
ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS Website. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless TitleVest, its officers, directors, employees, agents,
licensors and third party suppliers from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or
any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you
or any other person accessing the Website using your User ID and password.
Links To Other Websites
This Website may provide access to other World Wide Websites. TitleVest does not control these Websites, and
you access them solely at your own risk. TitleVest also does not endorse or approve any products or
information offered at Websites you reach through this Website. Check the Uniform Resource Locator (URL)
address provided in your WWW browser to determine if you are still in this TitleVest Website or have moved
to another Website.
Jurisdiction
Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of
the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction
and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be
in the state or federal courts located in New York, New York.
Notwithstanding the foregoing, in the event a dispute of any kind or nature arises under or related to these
Terms of Agreement, TitleVest may, at its option, commence an arbitration proceeding in lieu of instituting
an action in a court of competent jurisdiction, by providing to you a demand for arbitration. The parties
shall, within thirty (30) days of such demand for arbitration, select a mutually agreeable arbitrator and
submit the dispute to such arbitrator for binding arbitration, through the New York County American
Arbitration Association Regional Office, under the Commercial Arbitration Rules of the American Arbitration
Association. If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in
accordance with the rules and procedures of the American Arbitration Association. The arbitration fee shall
be paid or reimbursed by the non-prevailing party, as determined by the arbitrator, who shall also award
appropriate attorneys' fees and costs to the prevailing party.
Modification of the Website and These Terms of Agreement
TitleVest does not promise that any materials or information provided by you on this Website will remain
available to you. TitleVest is entitled to terminate all or any portion of this Website at any time, without
notice to you. TitleVest also reserves the right to change the terms, conditions, and notices under which
this Website is offered, and your use of the Website following any such changes shall be deemed to
constitute your consent to such modified Terms of Agreement. You agree to regularly review these Terms of
Agreement to verify whether they have been changed.
Termination
TitleVest may terminate your access to this Website at any time with or without cause and without prior
notice. In the event of termination of such access, you acknowledge that any material, data and information
you have submitted to TitleVest on this Website may be lost or may otherwise no longer be available to
you.
Miscellaneous
You acknowledge and agree that, in the event of any breach of these Terms of Agreement by you, TitleVest
would be irreparably and immediately harmed and could not be made whole by monetary damages alone. Without
prejudice to any rights and remedies otherwise available, TitleVest shall be entitled to equitable relief by
way of injunction in the event of a breach of any provision of these Terms of Agreement.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the
agreement will remain in place. This is the entire agreement between you and TitleVest regarding all aspects
of your use of this Website.
The provisions of these Terms of Agreement that, by their nature and content, must survive the completion,
rescission, termination or expiration of these Terms of Agreement in order to achieve the fundamental
purposes of these Terms of Agreement (including but not limited to the provisions entitled "Proprietary
Rights," "Material You Submit," "Disclaimer," "Limitation of Liability," "Indemnification," "Jurisdiction,"
and "Termination") shall so survive and continue to bind the parties.
