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Title Technologies, Inc. Terms and Conditions
Last Updated: 07-08-07


Title Technologies, Inc. has made every effort to design the t21 website (“Site”) to be informative and helpful. We would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you want and need.

However, before using our Site, you must agree to abide by the following Terms and Conditions. Please take a few minutes to look them over carefully, because; by using our Site you automatically agree to abide by these Terms and Conditions. If you don’t agree to these Terms and Conditions, please do not use the Site.

We reserve the right to make any modifications to these Terms and Conditions of Use that we deem necessary at any time. Any changes to these Terms and Conditions will be posted at this same location, and the “Last Updated” date above will be changed. Your continued use of the Site means that you agree to abide by those changes.

Thanks Again For Visiting!

Terms of Use

Welcome to the website of Title Technologies, Inc. (TTI). This Site is best viewed using a contemporary browser. Use of this Site, and information distributed in conjunction with this Site, is offered to you on your acceptance of these Terms and Conditions of Use, our Privacy Policy, and other notices posted on this Site.

Your use of this Site or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms and Conditions of Use, our Privacy Policy and all other notices posted on this Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services or Site. We suggest you print a copy of each of these documents for your records.

Disclaimer

This Site contains information for motor vehicle dealers that are interested in Title Tech’s t21 Program. The Site also contains secure links enabling dealers that have subscribed to the t21 Program to access restricted websites at Tax Collectors to conduct title and registration processing online. It is provided to you solely for this purpose and not for purposes of resale, distribution, or public display, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this Site, you may display, download, archive, and print a single copy of any information on this Site, provided it is done pursuant to the User Conduct and Obligations and Restrictions on Use of our Online Materials set forth herein.

TTI has used reasonable efforts to obtain the most accurate and timely information available, including information pertaining to motor vehicle transactions, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, or downloaded or accessed from this Site. This Site may contain links to other websites in order to provide information that may be useful to our visitors. These links are provided for convenience only, and the inclusion of any such link does not constitute an endorsement by TTI of the content or use of such website. TTI is not responsible for the content, terms of use or privacy policies of such other websites. We recommend that you read the terms of use and privacy policies of every website that you visit. These Terms and Conditions of Use apply only to TTI and this Site.

TTI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE.

PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES."). WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ONLY EXCEPTION TO THE ABOVE IS THAT CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY TO YOU, WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

TTI reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part of or this entire Site or any information contained therein without notice to you.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this Site. Furthermore, you agree that you shall not:

A. upload, post or otherwise transmit through or to this Site any content that:
         1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
         2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
         3. contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
B. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Site, its computer systems, servers or networks;
C. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
D. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
E. collect information about other visitors to our Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
F. sell access to or the use of this Site, including any content contained on, downloaded or accessed from this Site, except as specifically permitted in writing by T.T.I.;
G. redistribute any content, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
H. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data; and
I. embed or import any data provided by us into any information services (whether or not web-based), data files or application software, except as specifically permitted in writing by the t21 Software License Agreement or the t21 Vehicle Title Registration Database Agreement.

Restrictions on Use of Our Online Materials

All online materials on the Site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are the intellectual property of TTI. All usage rights are owned and controlled by TTI. You, the visitor, may download online materials for non-commercial, personal use only, provided you:

(1) Retain all copyright, trademark and propriety notices,
(2) Make no modifications to the materials,
(3) Do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
(4) Do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute online materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Site. Any attempt to modify any online material, or to defeat or circumvent our security features is strictly prohibited.

Everything you download, any software and all files, all images incorporated in or generated by the software and all data accompanying it is considered licensed to you by TTI or third-party licensors for your personal use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to TTI through our Site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated. That means that we do not have to treat any such submission as confidential. You cannot sue us for using ideas you submit. If we use them, or anything like them, we do not have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Site or breach of these Terms and Conditions of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Site, our Terms and Conditions of Use, and/or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party attorneys’ fees, costs, and expenses.

Proprietary Rights

Title Tech, the t21 Logo, and other identifying marks of Title Technologies, Inc., are and shall remain the trademarks, service marks and trade names and exclusive property of Title Technologies, Inc., and any unauthorized use of these marks is prohibited. Other trademarks and service marks on this Site are the property of their respective owners. All content on this Site, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property Title Technologies, Inc. and is protected by U.S. and international copyright law. The content on this Site may be used by you only for informational services about the t21 Program or for the purposes specified in the t21 Software License Agreement or the t21 Dealer’s Express and Limited Branch Office Contract (LBO) or Express and Limited Office Agent Contract (ELA). The content may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Site in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our Site that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Title Technologies, Inc.
Attention: Intellectual Property Manager
14850 Montfort Drive
Suite 180
Dallas, Texas 75254

Facsimile: 662-887-6873
E-mail: ContactUs@TitleTec.com

Jurisdication

If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the Texas, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate TTI and/or its affiliates' intellectual property rights, TTI and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts.

General

If any provision of these Terms and Conditions of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions of Use shall continue in full force and effect. No waiver of any provision of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions of Use.

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Texas and the laws of United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue in, Dallas, Texas.

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