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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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