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Terms & Conditions
TICOR TITLE INSURANCE COMPANY (“TICOR”) makes the materials and services available on the TICOR Georgia website (as defined below) for your use, subject to the terms and conditions set forth herein. The TICOR PDX website is known as TicorPDX.com and also as “www.ticorpdx.com” (together referred to herein as the “TICOR website”). The TICOR website includes the website itself, as well as all information, files, text, and graphics (said materials and products collectively referred to herein as the “Materials”) contained on the TICOR website. By enrolling for services on the TICOR website and by downloading, installing, or using any Materials on the TICOR website, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not enroll for services through this web site and you may not register, use or download the Materials.
Usage Restrictions
The TICOR website is owned and operated by TICOR and contains material that is derived in whole or in part from material supplied by TICOR and other sources. The TICOR website is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the TICOR website including code and software without permission. You may download Material from the TICOR website for your use only, provided you keep intact all copyright and other proprietary notices.
Disclaimers
TICOR takes reasonable measures to ensure the quality of the data and the other information made available on the TICOR website. However, TICOR does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of information available through the TICOR website. Any conclusions that users draw from the information presented are their own and are not to be attributed to TICOR. The views expressed in TICOR’S working papers are strictly those of the authors. They do not necessarily represent the position of TICOR. TICOR has provided links and pointers to Internet sites maintained by third parties. We provide these links merely as a convenience and the inclusion of such links does not imply that TICOR endorses or accepts any responsibility for the contents, products, services, or uses of such other websites.
No Warranty
TICOR, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES, PROVIDE THE TICOR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. TICOR does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including any bulletin boards, or the server that makes it available, are free of viruses or other harmful components. TICOR does not warrant or make any representations regarding the use or the results of the use of the Materials or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not TICOR) assume the entire cost of all necessary maintenance, repair or correction. Acrobat and the Acrobat logo are trademarks of Adobe Systems Incorporated. Netscape is the registered trademark of Netscape Communications Corporation. Microsoft, MS Word, MS PowerPoint, MS Excel, MS Access and MS Internet Explorer are registered trademarks of Microsoft Corporation in the United States and other countries.
Indemnification
You agree to indemnify and hold TICOR, and its parent, subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any and all liabilities, claims, demands and expenses, including reasonable attorneys’ fees, due to or arising out of your use or misuse of the TICOR website and Materials, or for your infringement of intellectual property rights or other rights of any third party. TICOR may assume exclusive control of any defense or any matter subject to indemnification by you and you agree to cooperate with TICOR in such event.
Limitation of Liability
IN NO EVENT SHALL TICOR, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TICOR WEBSITE, OUR SERVICES, THE MATERIALS OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You specifically acknowledge and agree that TICOR is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any the Material, or with any of TICOR’S terms and conditions, your sole and exclusive remedy is to discontinue using the TICOR website.
License to TICOR TITLE
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting TICOR a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. TICOR may sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
User Conduct
You shall abide by all applicable local, state, national and foreign laws and regulations in connection with the TICOR website and Materials. No part of the TICOR website may be reproduced, republished, copied, transmitted or distributed in any form or by any means.
Termination
This agreement is effective until terminated by TICOR, at any time without notice. TICOR may interrupt or terminate your access to the TICOR website or Materials for any reason, including but not limited to your violation of any of these terms and conditions. In the event of termination, you are no longer authorized to access the TICOR website and the restrictions imposed on you with respect to material downloaded from the TICOR website, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Privacy
Because your privacy is important to us, TICOR TITLE operates by these principles:
The TICOR web site is maintained by TICOR through Fidelity National Title Group. The Privacy Policy is accessible through the Privacy link on this web site.
The webmaster can be contacted by e-mail at webmaster@fnf.com.
We will explicitly ask when we need information that personally identifies you (" Personal Information"). For example, TICOR asks you for your name and e-mail address if you wish enroll for services through the web site or other products available on the TICOR website, and we also may request that you provide Personal Information to order our products and services. You agree to provide all necessary, true, and accurate Personal Information. You agree that you will not allow others to use your user name, password or account information, and you are solely responsible to maintain the confidentiality and security of your account. TICOR is not responsible for any losses arising out of the unauthorized use of your account.
We use your Personal Information to operate the TICOR website and its products, and we may occasionally inform you of new features, services, and products from TICOR
We do not sell or rent your Personal Information to third parties for marketing purposes or for any other purpose without your explicit consent.
We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the TICOR website to relate your use of the TICOR website to information that you have specifically and knowingly provided to the TICOR website.
If at any time you believe we have not adhered to these privacy principles, please notify us by email to webmaster@fnf.com and we will use all commercially reasonable efforts to determine and correct the problem promptly.
If you have questions about this policy, please e-mail us at webmaster@fnf.com.
Proprietary Rights
All content of the TICOR website is the property of TICOR. Unauthorized use of the TICOR website may violate copyright, trademark and other laws.
Governing Law and Severability
The TICOR website is controlled by TICOR through the FNTG offices within the State of California. By accessing the TICOR website you agree that all matters relating to your access to, or use of, the TICOR Website, or these terms and conditions shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Using the TICOR TITLE Logo
TICOR does not permit the use of its name in advertising, as an endorsement for any product or service, or for any other commercial purpose. Reproduction of any information contained herein may be made without limitation as to number provided that it is not distributed for the purpose of private gain and is appropriately credited to TICOR or its respective publications. Graphics, logos and content created by TICOR are the property of TICOR and may not be used without permission.
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