ENTITLE DIRECT > Terms of Use
Terms of Use
Terms and Conditions of Use and User Agreement
Last Revised July 2008
Your use of and access to the ENTITLE DIRECT Sites is expressly conditioned on your acceptance of these Terms. If you do not or cannot agree with any part of these Terms, you may not use or access the ENTITLE DIRECT Sites. Please note that these Terms only apply to the ENTITLE DIRECT Sites. Please review the contents of these Terms frequently to see if these Terms have been revised (as noted by the revision date above), since we reserve the right to modify or amend these Terms at any time, and will post any revised Terms here.
FRAUD NOTICE: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
1. YOUR RIGHT TO USE THE ENTITLE DIRECT SITES
The ENTITLE DIRECT Sites are for your personal use and, if applicable, commercial purposes (limited aiding our customers in connection with closings for which we are providing services). You may not reproduce, modify, display, distribute, transmit, perform or sell any of the Content (as defined below), products or services on or made available through the ENTITLE DIRECT Sites, except as expressly permitted under these Terms. You may not, and may not authorize or aid anyone else to, access or attempt to access the ENTITLE DIRECT Sites or any part of it, through any automated means, including without limitation, the use of scripts, bots, crawlers, spiders, scrapers or other methods. You may not, and may not authorize or aid anyone else to, use the ENTITLE DIRECT Sites for any purpose that is unlawful, unethical or prohibited by these Terms.
Subject to your past, current and ongoing compliance with these Terms and the terms and conditions hereof, we grant you a limited, revocable, nonexclusive, non-transferable license to use the ENTITLE DIRECT Sites and the content, materials, data, and information (collectively, "Content") and the products and services available through or on the ENTITLE DIRECT Sites. You may not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell, mirror, frame, link to, or otherwise use any of the Content without our prior written permission.
By using the ENTITLE DIRECT Sites you represent and warrant that: (i) you are 18 years old or older; (ii) if you register or provide information, you are using your actual identity and that any information you provide to us is accurate and complete, and (iii) your use of the ENTITLE DIRECT Sites will not violate any local, state, national, or international laws or regulations that apply to you. You also understand and agree that any actual or attempted unauthorized use of the ENTITLE DIRECT Sites may result in criminal and/or civil prosecution. In order to protect the ENTITLE DIRECT Sites' users, our customers and our systems, we reserve the right to view, monitor, and record activity on the ENTITLE DIRECT Sites without notice or permission from you or any third party, and to permit law enforcement organizations to do the same. Any information collected by us may be provided to law enforcement organizations in connection with investigation or prosecution of unlawful activity on the ENTITLE DIRECT Sites. We may also comply with any court orders involving requests for such information.
You acknowledge and agree that the ENTITLE DIRECT Sites may include security measures that permit materials to be protected or that limit access to, or use of, certain components, areas or elements of the ENTITLE DIRECT Sites. You may not attempt to override, bypass, disable or circumvent any of these security measures.
We do not in any way imply that the materials on the ENTITLE DIRECT Site or the products or services we discuss or offer are available or for use outside the United States or in jurisdictions within the United States in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. By completing an on-line request for a rate quote, you are confirming that you are authorized to receive information regarding our products and services in the jurisdiction in which you are resent, and have verified on the ENTITLE DIRECT Sites that the property is in a jurisdiction in which we are licensed to do business.
2. USE OF RESTRICTED AREAS ON THE ENTITLE DIRECT SITES
Some portions of the ENTITLE DIRECT Sites are restricted and require a password for access ("Restricted Areas"). Unauthorized use of, or access to, these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Access to Restricted Areas may be monitored, analyzed and recorded and any information obtained regarding actual or suspected unauthorized access may be given to law enforcement to investigate and prosecute.
IF YOU ARE AN AUTHORIZED USER OF ANY RESTRICTED AREA, DO NOT SHARE YOUR PASSWORD WITH ANYONE. Your authorization to access the Restricted Areas is limited to those specific Restricted Areas for which you are granted access by us; access to any other Restricted Areas will be deemed unauthorized access. If you suspect that your password has been compromised in any way, change your password immediately. When you select a password and register with an ENTITLE DIRECT Site, you agree to the following conditions:
- ENTITLE DIRECT is authorized to act on instructions received under your password without any requirement to question those instructions;
- ENTITLE DIRECT is not liable for any unauthorized access to your personal information that is not directly due to the gross negligence or willful misconduct of ENTITLE DIRECT;
- Your password contains sensitive information and you will keep it confidential and secret;
- You will notify ENTITLE DIRECT immediately if you believe anyone else has learned your password or if you believe an unauthorized access to ENTITLE DIRECT or your personal information has occurred or may occur;
- ENTITLE DIRECT may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
3. SUBMISSIONS YOU MAKE AND MATERIALS YOU POST ON THE ENTITLE DIRECT SITES
As part of the closing process, we will instruct you and others you authorize to send documents via facsimile, email, electronic transmission, overnight mail, regular mail, and/or other means to us for storage and use on the ENTITLE DIRECT Sites. You may also have the opportunity to store other materials on our site through our Control Panel. The total amount of data you may store on our site through our Control Panel cannot exceed 100Mb. If you reach the maximum amount of storage, you will need to remove files before you can store additional information.
If you submit or make available any materials, images, text, video, audio, information, works or any other content (collectively, "User Materials") on or through the ENTITLE DIRECT Sites, you thereby grant us a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license (including the right to sublicense) to display, distribute, publish, reproduce, disseminate, transmit, use, create derivative works from, or act upon such User Materials, through the ENTITLE DIRECT Sites (in the case of User Materials that you post to your storage area, by allowing authorized parties to access such area), without any additional approval or consideration of any kind, using any format, media, or technology now known or later developed or invented.
By submitting or making available any User Materials you represent and warrant that: (i) the User Materials are not pornographic, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of another's privacy or right of publicity, inappropriate or otherwise objectionable; (ii) you have the right to make the User Materials available on the ENTITLE DIRECT Sites; (iii) the User Materials do not infringe, misappropriate or otherwise violate any third party rights; (iv) you will not, and will not attempt to, forge headers, manipulate identifiers or otherwise disguise the origins of any User Materials; and (v) the User Materials do not contain any viruses or any other computer code, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or capture any data.
The determination of what is inappropriate for availability on the ENTITLE DIRECT Sites is solely within the discretion of ENTITLE DIRECT. We reserve the right to remove any materials, including without limitation any User Materials, from your file and the ENTITLE DIRECT Sites.
By allowing User Material to be available on the ENTITLE DIRECT Sites, we do not in any way promise, warrant or guarantee that the User Materials will remain available to you or that you will qualify for any products or services we offer.
4. RIGHTS IN INTELLECTUAL PROPERTY
Unless otherwise expressly indicated, all Content on or available through the ENTITLE DIRECT Sites, is our proprietary content, and is protected by law including, as applicable but without limitation, U.S. federal copyright, patent, trade secret, and trademark law, as well as other state, national, and international laws and regulations. All trademarks, service marks, logos and other indicia ("Trademarks"), unless otherwise specified, are proprietary to us and nothing herein or on the ENTITLE DIRECT Sites may be construed as a license or permission, by implication or otherwise, to use or display any of the Trademarks, other than on any copies that you are permitted to make pursuant to these Terms. You agree not to obscure or modify any intellectual property notices (such as a trademark or copyright symbol) that appears on any of the Content. Any use of the Content or Trademarks, except as expressly provided in these Terms, is prohibited. Unauthorized use of the Content or Trademarks may violate intellectual property, privacy, and other laws and regulations and may subject you to liability.
5. OUR RIGHT TO USE YOUR USER INFORMATION AND USER MATERIALS AND TO TERMINATE YOUR USE OF THE ENTITLE DIRECT SITES
We reserve the right to terminate your right use the ENTITLE DIRECT Sites and/or any or all of the products or services available on or through the ENTITLE DIRECT Sites at any time, with or without cause, and may use technological and legal means to prevent such access. Without limiting the foregoing, we may also terminate your rights under these Terms in the event that you breach any term or condition of these Terms.
You acknowledge and agree that we may access, store and disclose your account information and any User Materials if required to do so by law or in a good faith belief that such access, storage or disclosure is reasonably necessary to: (i) comply with legal requirements; (ii) protect the rights, property or safety of ENTITLE DIRECT, our users and customers, or the public; or (iii) respond to any claims with respect to User Materials, enforce these Terms.
6. LINKS TO OTHER WEB SITES
ENTITLE DIRECT Sites may contain links to web sites that are provided and maintained by third parties. Web sites provided and maintained by third parties are not subject to these Terms. Please review the terms and conditions on those web sites. We do not endorse or review, have no control over, and make no representations concerning the terms and conditions of any third-party web sites.
7. INDEMNITY
You hereby agree to defend, indemnify, and hold harmless us and all of our respective officers, directors, employees, representatives, agents and partners, and their respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses, including any incurred with respect to enforcement of this indemnity), relating to or arising from your use of the ENTITLE DIRECT Sites, any User Materials, any actions you take based on information obtained at the ENTITLE DIRECT Sites, and any breach by you of these Terms.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ENTITLE DIRECT SITES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE ENTITLE DIRECT SITES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ENTITLE DIRECT SITES OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE ENTITLE DIRECT SITES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE ABOVE, WE DO NOT REPRESENT OR WARRANT THAT THE ENTITLE DIRECT SITES; OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE ENTITLE DIRECT SITES; ITS OR THIRD PARTY SERVERS OR COMPUTERS; OR MESSAGES SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTION OR WARRANTY REGARDING THE SUITABILITY, LEGALITY, OR ACCURACY OF THE CONTENT, PRODUCTS AND SERVICES DESCRIBED OR CONTAINED ON THE ENTITLE DIRECT SITES, OR THAT THE USE OF THE ENTITLE DIRECT SITES WILL BE UNITERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME THE FULL AND SOLE RISK OF USING AND/OR RELYING ON THE ENTITLE DIRECT SITES, AND THE CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE ENTITLE DIRECT SITES.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ENTITLE DIRECT SITES OR FROM ANY CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE ENTITLE DIRECT SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH ANY CLAIM FOR DAMAGES MAY BE MADE.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THAT YOU ARE SUBJECT TO THOSE LAWS, THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY FOR ANY REASON WHATSOEVER RELATED TO THE ENTITLE DIRECT SITES SHALL NOT EXCEED TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
9. GOVERNING LAW AND VENUE
Unless otherwise specified, the materials on the ENTITLE DIRECT Sites are presented to provide information about EnTitle Insurance Company, Cleveland, OH. Entitle Direct Group, Inc. owns the ENTITLE DIRECT sites and has its principal place of business in Stamford, Connecticut. These Terms are a contractual obligation made in, and to be construed and enforced in accordance with, the laws in effect in the State of Connecticut, without giving effect to its conflict of laws principles. Any action to enforce these Terms must be brought solely in the applicable federal or state court presiding in Stamford, Connecticut, U.S.A., and both parties expressly agree to be subject to the exclusive jurisdiction of such courts.
10. ENTIRE AGREEMENT
These Terms and our Privacy Policy, represent the entire agreement between you and us with respect to use of the ENTITLE DIRECT Sites and the Content, products and services available on or through the ENTITLE DIRECT Sites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and us with respect to the above. If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
11. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
If you believe that any material on the ENTITLE DIRECT Sites infringes or otherwise violates your intellectual property rights, please provide a notice (the "Notice") to our Intellectual Property Claims Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- A detailed and specific description of the work or other intellectual property that you claim is being infringed or violated;
- A description of where the material that you claim is infringing is located on the ENTITLE DIRECT Sites, with sufficient specificity to allow us to find it;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
By mail:
Intellectual Property Claims Agent
Alan M. Doran
Entitle Direct Group, Inc.
Entitle Direct Group, Inc.
281 Tresser Boulevard, 6th Floor
Stamford, CT 06901
By telephone:
(203)724-1150
By facsimile:
(203)724-2215
By email:
alan.doran@entitledirect.com
Please note that attachments cannot and will not be accepted. Any Notice submitted electronically with an attachment will not be received or processed.
12. CHANGES TO THESE TERMS
We reserve the right to amend or modify these Terms at any time with or without notice to you. Any amendments or modifications to these Terms will be posted on the ENTITLE DIRECT Sites with a new revision date and will become effective immediately upon posting. If you have provided us with your email address and permission to contact you, we will also send notification to that email address that these Terms have been changed. Your continued use of the ENTITLE DIRECT Sites following the posting of a revised version of these Terms or our sending of the email notice will constitute your acceptance of the revised Terms. If you do not agree to the most current Terms, you may not use the ENTITLE DIRECT Sites.
13. CONTACTING US
To contact us with any comments or questions, or to obtain more information, please refer to the Contacts section of the ENTITLE DIRECT Sites. Click here to email us or you may contact us at:
1-877-9ENTITLE (1-877-936-8485).
14. SITE OPERATION AND RESERVATION OF RIGHTS
The ENTITLE DIRECT Sites are owned by Entitle Direct Group, Inc. and are operated and controlled by EnTitle Insurance Company. All rights not expressly granted herein are reserved by us. The ENTITLE DIRECT Sites and the Content, are Copyright ©2008 Entitle Direct Group, Inc. and EnTitle Insurance Company.
