This page contains our full User Agreement. You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of the titleinsuranceonline.com web site. Your use of this site constitutes your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you and titleinsuranceonline.com, an LLC existing under the laws of the State of Florida having its offices at 9445 Southampton Place, Boca Raton, Florida, 33434.
Your Rights.
titleinsuranceonline.com grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Fee-Based Service Charges.
Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services").
(a) You agree to pay, using a valid credit card which titleinsuranceonline.com accepts, the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. titleinsuranceonline.com reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. titleinsuranceonline.com will automatically charge your account for renewal of your site subscription. The renewal charge will be the current published rates for the term of your subscription. In the event titleinsuranceonline.com cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchase an monthly site subscription to access the Fee-Based Services and cancel at any time during that subscription period, titleinsuranceonline.com will refund the remainder of your subscription on a pro-rata basis that will cover the unused portion of your subscription period
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
(c) For purposes of identification and billing, you agree to provide titleinsuranceonline.com with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date).
If your credit card expires, is canceled, is lost or is subject to use without your authorization, email or call us for instructions to update your Registration Data.
All materials on the Site are owned or controlled by titleinsuranceonline.com , which retains all right, title, and interest in and to the Content.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of titleinsuranceonline.com.
Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. titleinsuranceonline.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time.
Links to Other Sites.
The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by titleinsuranceonline.com or its Affiliates of any third-party site or any materials contained therein. titleinsuranceonline.com and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
Indemnification.
You hereby agree to indemnify, defend and hold harmless titleinsuranceonline.com and its Affiliates from and against any and all liability and costs incurred by titleinsuranceonline.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. titleinsuranceonline.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of titleinsuranceonline.com.
DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TITLEINSURANCEONLINE.COM AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY TITLEINSURANCEONLINE.COM. TITLEINSURANCEONLINE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL TITLEINSURANCEONLINE.COM OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR TITLEINSURANCEONLINE.COM OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF TITLEINSURANCEONLINE.COM, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF TITLEINSURANCEONLINE.COM AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE TITLEINSURANCEONLINE.COM AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination.
In addition to any other rights of the parties set forth herein, either you or titleinsuranceonline.com may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. Titleinsuranceonline.com also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If titleinsuranceonline.com terminates this Agreement based on a breach of any portion of this Agreement, titleinsuranceonline.com reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
Modifications.
(a) To the Agreement.
titleinsuranceonline.com has the right to modify this Agreement and any policies affecting the Site without limitations. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of titleinsuranceonline.com in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.
(b) titleinsuranceonline.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. titleinsuranceonline.com may also impose limits on certain features and services or restrict your access to parts or all of the titleinsuranceonline.com Site without notice or liability.
General.
This Agreement constitutes the entire agreement between you and titleinsuranceonline.com with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and titleinsuranceonline.com. Failure by titleinsuranceonline.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New Jersey (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Subscribing to titleinsuranceonline.com indicates your agreement to the terms and conditions set forth above.