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.