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.