1. Introduction
This document outlines the terms and conditions that govern your use of exceptionaltitleonline.com (the “Web site”) and provides additional information regarding Exceptional Title & Escrow, LLC, its affiliates, and subsidiaries (“Exceptional,” "ETE", “We,” “Our”). Your use of this Web site is conditioned upon acceptance of these Terms of Use. If you do not agree to the terms below, please do not use this Web site or send e-mail to anyone at exceptionaltileonline.com. You agree to regularly review these terms and conditions and agree that continued use of this Site following any changes will constitute acceptance of such changes.
For users of the Web site who are only accessing public information, your use of the Web site shall be deemed acceptance of these Terms of Use.
Users are required to enroll in order to gain access to secured information. For enrolled users, your use of the Web site shall be subject to the terms contained in the Terms of Use.
ETE reserves the right, in its sole discretion, to modify without prior notice: 1) this Web site, including the content and design of this site, 2) the services provided on this Web site, and 3) the Terms of Use. Your continued use of the site is acceptance of any changes to the Terms of Use.
2. Use of Web site
ETE owns and operates this site and the materials located at this domain name (exceptionaltitleonline.com) for your use. This site is directed to persons and entities conducting business in the United States. It is not directed at any person or entity for whom our services or products are unavailable or are otherwise contrary to laws or regulations, whether due to nationality, citizenship, residence, location, or otherwise. We do not warrant or represent that the content or materials contained in this site are available or appropriate outside of the United States.
You may not use this site to conduct illegal activity, including defamatory, libelous, malicious, or harassing behavior. Nor may you use this site to infringe upon another’s intellectual property rights. You agree that the information you provide will be accurate and truthful.
Except as otherwise provided, you may view, use, download, or print small portions of the content of the Web site for your informational, non-commercial use, provided you leave all copyright notices intact. You may not store, modify, reproduce, transmit, reverse engineer, or distribute significant portions of the content of this Web site, or the design or layout thereof, except as otherwise provided. Some sections of the Web site may be reproducible for enrolled users as provided below.
This Web site provides general information about ETE’s products and services. This information is not an offer to sell insurance nor a solicitation to buy. The materials and information are not a complete description of the terms and conditions of a particular product or service. ETE is not engaged in the rendering of legal or other advice. You are not a client of ETE merely by visiting this Web site. ETE does not intend to provide information on this Web site to suit your specific circumstances and needs. Please contact an ETE marketing representative to further discuss your needs.
We take measures to provide you with accurate information. If you believe that any personal information we have about you or your dependents is not accurate, please let us know by contacting Customer Service at 1-800-377-9154 from 7:00 a.m. to 4:30 p.m., Central time, Monday through Friday.
3. Privacy PolicyETE’s Online Privacy Policy may be viewed and accessed by visiting our Online Privacy Policy. Exceptional is committed to abiding by all laws regarding privacy and consumers’ privacy interests. If you are a policyholder entitled to notice of our privacy policies, such notice is provided in connection with the insurance policy issued to you. The privacy notice and/or privacy policy provided in your insurance policy is in addition to this Online Privacy Policy. Changes to this Online Privacy Policy may be made at any time as provided above.
4. E-mail E-mail submissions over the Internet may not be secure and are subject to possible interception by third parties. Consider this as you transmit messages over the Internet. You are not authorized to submit or transmit e-mails through the Web site that: 1) are numerous, unsolicited, or commercial, 2) are defamatory, threatening, obscene, or harassing, 3) contain a virus, worm, Trojan horse, or other harmful component, 4) incorporate copyrighted or other proprietary material for which you do not have permission, or 5) violate other applicable laws. It is not our practice to include personal or account information in standard e-mails that we may send to you over the Internet. To respond to you about personal matters, we may require communication by telephone or in some other manner to protect sensitive information.
5. Information You Submit
We use the information you submit to ETE by e-mail, through our Web site, and other pages we may add periodically, to respond to your inquiries for information and services. Our use of this information is subject to our Online Privacy Policy. However, ETE reserves the right to disclose information it determines, in its sole discretion, to be necessary to satisfy any law, regulation, or governmental request or to avoid liability for ETE or any third party.
You agree to provide current, true, accurate information in connection with your use of this Web site. You agree to not use a false or misleading name for which you are not authorized.
This Web site may use “cookies” to store some personal preferences for your future use of our Web site. Among other functions, cookies tell ETE whether you have visited the Web site before. Cookies allow the Web site to recognize you more quickly and provide you quicker access to the information you need .
6. Copyrights/Trademarks The Exceptional Title and Escrow logo, the terms Exceptional Title & Escrow®, ETE®, and phrases such as Always Exceeding Your Expectations®, among others as noted, as well as all logos and graphics using ETE’s name are the intellectual property of ETE and/or are registered trademarks of ETE. ETE’s logo and marks may not be used without express written permission.
Except as otherwise noted, all materials on this Web site, including text, graphics, design, layout, audio, and video are the property of ETE or are used with permission of third party licensors and are protected by copyright or other intellectual property laws. Except as provided above in section 2, you may not use, reproduce, transmit, or distribute any of the information or material on any other site, in the metatags of any other site, or in any other material. You are not permitted to modify, create derivative works, distribute, or otherwise use any material within this Web site, except as provided herein.
7. Links ETE provides links to other sites via this Web site. These links are provided for your convenience only. ETE does not control and is not responsible for these sites, the accuracy of the content, nor the security of the sites.
You agree to contact ETE at exceptionaltitleonline.com to advise us that you are linking to our Web site. You may not place Exceptional's pages in a frame on your own site. Nor may you attempt to pass off ETE’s content as your own. If you wish to republish a major portion of any ETE content, contact us at clientservices@exceptionaltitleonline.com to obtain permission.
8. Disclaimer of Warranties This Web site and its content, including services, materials, information, and tools are provided to you “as is” without any warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, accuracy, systems integration, non-infringement, and fitness for a particular purpose. ETE makes no warranty as to the accuracy, completeness, currency, or reliability of the content. Nor will ETE be liable for delay in updating the Web site. We do not warrant that the Web site will operate error-free or uninterrupted. Any risk arising from the use or performance of the services, information, materials, software, or other items remains entirely with you, and ETE shall not be liable for any damages arising from your use of the Web site.
9. Governing Law and Severability Provisions
This Web site is governed by the laws of the Commonwealth of Virginia without giving effect to any principles of conflict of laws. If any provision of this agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain intact and enforceable.
These Terms of Use apply to your use of this Web site and do not change or alter any other contract or agreement you may have with ETE.
10. TerminationETE reserves the right to terminate the right of any user to access the Web site at any time, with or without cause, and without notice.
11. Changes to this Document The content of this Web site and these Terms of Use are subject to change without notice.
12. Limit of Liability To the extent permitted by law, ETE disclaims liability, whether based in contract, tort, negligence, strict liability, or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive, or exemplary damages) in any way arising out of functionality or use of this Web site or its services, or any other link we provide to another site even if ETE is expressly advised of the possibility of such damages. We will not be liable for any delay, difficulty in use, incompleteness of information, computer viruses, malicious code, loss of data, or compatibility issues that you may encounter while using this Web site. You use this Web site at your own risk. You assume full responsibility for using this site, which is provided without warranty of any kind, express or implied.
In the event the foregoing or any portion thereof is deemed unenforceable, ETE’s aggregate liability for any cause of action arising out of or related to the use of the Web site shall be limited to direct damages actually incurred up to $300.00. Since some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
13. Indemnity You agree to indemnify, defend, and hold ETE harmless, and at our request, to defend us from and against all claims, demands, causes of action based upon or arising out of: 1) your use of the Web site, 2) your violation of the terms and conditions of this Terms of Use, and 3) the infringement, by you or anyone using your password, of the intellectual property rights of any person or entity.
14. Registration and Security Some portions of this Web site are restricted and require registration for access. It is your responsibility to keep your password confidential. Do not share your password with anyone. You may be held responsible for all use of your user name and password. As a user or enrolled user, you agree not to help anyone else access our Web site if they are not authorized to do so. You also agree not to introduce a computer virus into this site or to do anything else that would damage this site. In the event you discover unauthorized access of your user name and password, contact ETE at exceptionaltitleonline.com immediately. Unauthorized use of restricted areas is prohibited. Actual or attempted unauthorized use of or access to restricted areas may result in criminal and/or civil prosecution. All access to this Web site may be viewed, monitored, and recorded. This information may be used in the investigation of unlawful behavior using this Web site. If you do not consent to this monitoring, you should not attempt to access this Web site.
As an additional security measure, customer login IDs and passwords which are not used for more than a year will be deleted.
Updated: December 13, 2005 TRANSIT - INFOAFTER --> SS_END_OPENREGIONMARKER(region1)--> SS_BEGIN_CLOSEREGIONMARKER(region1)--> SS_END_CLOSEREGIONMARKER(region1)-->
|