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Terms of UsePurpose of the Web Site. This Web site is owned by ClosingCorp Inc. (“ClosingCorp” or “we”) and operated on behalf of the California Land Title Association, Inc. ("CLTA"). ClosingCorp is a real estate information provider whose services assist consumers in their search for various real estate closing services including title insurance. Neither ClosingCorp nor CLTA are engaged in the title insurance business. Neither entity provides any of the services that compete with companies listed in our directories. Neither ClosingCorp nor CLTA endorse, recommend or favor any individual or firm listed on this Web Site. Title Company Listings. This Web Site contains title insurance company offices (said companies are hereinafter referred to as "Listees") along with other related closing service information. The Listees either provide the information or we obtain the information from various sources generally deemed reliable. Still, we cannot warrant the validity of the information, nor do we guarantee the quality of the services provided by the Listees. The determination of the need for title insurance policies and the choice of a title insurance company are important decisions and require some analysis. Please know that we cannot be responsible for any material or information contained in the linked sites or provided by Listees. Although the utmost care has been taken to provide the most reliable, accurate and current information, all users of the Web Site are encouraged to make their own independent investigation and evaluation of any Listee they might consider in purchasing title insurance. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other notices contained therein. Restrictions and Prohibitions on Use. Your license to access and use the Web Site is subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any information or materials retrieved therefrom; (2) use any materials from the Web Site to develop, or as a component of, any information storage and retrieval system, database, info base, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of any materials from the Web Site; (4) use any materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right or property right of ClosingCorp or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web Site; (10) use the Web Site for the purpose of gathering information for or transmitting (a) unsolicited commercial e-mail; (b) e-mail that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Site Directory in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States, or use or allow the use of the Web Site for any purpose not expressly permitted under the license granted pursuant to paragraph 3, above. Policy on Unsolicited Commercial E-mail. We do not authorize use of the Web Site for the purpose of gathering information for or transmitting unsolicited bulk commercial e-mail over the Internet to Listees or other third parties. Internet e-mail sent to or through our Web Site or our computer systems or to Listees or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit e-mail to or through our computer systems is strictly prohibited. E-mail that is relayed to or through our computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the e-mail is also strictly prohibited. We expressly prohibit anyone from sending e-mail to or through computer systems that violates these Terms and Conditions of Use. We prohibit the harvesting of e-mail addresses from the Web Site for the purpose of sending unsolicited bulk commercial e-mail. No Title Insurance Advice or Title Insurance-Client Relationship. Information contained on or made available through the Web Site by ClosingCorp is not intended to and does not constitute title insurance or other closing services advice, referrals or recommendations under any circumstance. Nothing submitted to this Web Site is treated as confidential. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk. Neither ClosingCorp nor CLTA are title insurance or closing service firms and the Web Site is not a title insurance referral service. Neither ClosingCorp nor CLTA receive any portion of any title insurance premium or other purchased services fee and any arrangements subsequently made by you and any title insurance company or Listee are strictly between you and such party and do not involve us in any way. Intellectual Property Rights. Except for the limited license contained in Paragraph 3 above, nothing in these Terms of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all rights, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to ClosingCorp, its licensors, or Listees, as applicable. Electronic Commerce. The content on this Web Site, including but not limited to articles, directory listings, and other resources and information, is for your personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group, company as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group or companies. No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of ClosingCorp. Title insurance companies and other Listees are prohibited from soliciting employment from prospective clients through the Web Site or any of its interactive features. In interactive forums made available through this Web Site, you may discuss or recommend third-party Web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such. In no event, may any person or entity solicit any Listees or create a directory of title companies or related firms through this Web Site or with data retrieved from this Web Site. Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material ("Postings") that is unlawful or abusive in any way, including but not limited to, any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or regulations, either intentionally or unintentionally. We may delete your Posting at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity. Title Insurance Company and Listee Ethics Notice. If you are a title insurance company or otherwise participating in any aspect of this Web Site, including but not limited to, message boards, or e-mail forums you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of appraising and misrepresentations of fact. ClosingCorp and CLTA disclaim all responsibility for your compliance with these rules. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. ClosingCorp has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. ClosingCorp reserves the right to remove any content or links that allegedly infringe another person's copyright. ClosingCorp will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to ClosingCorp's system or network that are repeat offenders of another's copyrights. License of Your Content to ClosingCorp. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) ClosingCorp a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the universe. Linking to the Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site, (b) you give ClosingCorp and CLTA notice of such link by sending an e-mail to info@titlewizard.com and (c) you discontinue providing links to this Web Site immediately upon request by ClosingCorp. If you wish to provide links to a section within the Web Site, you should forward your request to ClosingCorp at info@titlewizard.com. Advertisers. This Web Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform us of any changes to that information by e-mailing info@titlewizard.com. Each registration is for your personal or company's use only, unless specifically designated otherwise on the registration page. ClosingCorp does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. Errors and Corrections. ClosingCorp and CLTA do not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. ClosingCorp and CLTA do not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. ClosingCorp may make improvements and/or changes to its features, functionality or content of the Web Site at any time. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. ClosingCorp and CLTA shall not be responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor do they reflect the belief of ClosingCorp or CLTA. Payments and Listing Terms. All payments for listing and/or banner advertising will be prepaid for a specifically designated period. Due to the nature of the advertising industry, no refunds will be issued for any payment received during or after the term of the agreement - with no exceptions. However, in certain circumstances a credit may be issued to an account at the discretion of ClosingCorp. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. CLOSINGCORP AND CLTA EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLOSINGCORP DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE. LIMITATION OF LIABILITY AND DAMAGES. CLOSINGCORP AND CLTA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. CLOSINGCORP AND CLTA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN MESSAGE BOARDS OR E-MAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, CLOSINGCORP'S AND CLTA'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00. Unlawful Activity. ClosingCorp and CLTA reserve the right to investigate complaints or reported violations of the Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Indemnification. You are solely liable for any content, messages or Other Information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless ClosingCorp and CLTA from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party. Remedies for Violations. ClosingCorp and CLTA reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of ClosingCorp's Web Sites and their features. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use. Privacy. Your use of the Web Site is also subject to the Privacy Policy, which you link to by clicking here: Privacy Policy Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and ClosingCorp with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Modifications to Terms of Use. We reserve the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes. |