The following terms and conditions (the "Agreement") are a legal agreement between you and Premium Title Services, Inc. ("Premium Title", "us", "our" or "we"). Please note that by accessing the Premium Title™ website (closing.mypremiumtitle.com) and the related services and tools (collectively, "Site"), or any of its affiliated websites ("Affiliated Websites"), you hereby agree to be bound by the terms of this Agreement.
Please note that this Agreement includes a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you. our consent to be contacted using an automatic telephone dialing system, and how to revoke such consent, is detailed below in Section 1(d).
By accessing or using this Site or Affiliated Websites in any way, including, without limitation, use of any of the Services (as defined below) provided thereon, downloading of any Content (as defined below), or merely browsing the Site or Affiliated Websites, you hereby agree to comply with the Agreement, and such access or use constitutes your binding acceptance of the Agreement, including any modifications that we make from time to time (which we may make in our sole discretion). It is solely your obligation to check the Site for an updated version of the Agreement each time you visit or otherwise use the Site. If you object to any such changes, your sole recourse will be to stop using the Site. Continued use of the Site following any such changes will constitute your acceptance and acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
DEFINED TERMS
As used in this Agreement or on the Site, the terms below have the following meanings:
"Affiliated Websites" has the meaning assigned to such term in the opening paragraph to this Agreement.
"Agreement" has the meaning assigned to such term in the preamble hereof.
"Premium Title", "us", "our" or "we" has the meaning assigned to such term in the preamble hereof.
"Business Authorized User" means a natural person associated with a Business User, whom the Business User authorizes to access the Site on the Business User's behalf in furtherance of the Business of the Business User.
"Business" means a legal entity capable of entering into binding contracts (including this Agreement) under applicable law and is subject to an agreement or arrangement with at least one Vendor whereby such at least one Vendor provides services and/or products.
"Business User" means a Business that is an institutional end user of the Site, such end user using the Site in furtherance of such Business.
"Content" means any and all information, documents, communications, files, text, graphics, material, content, software and products available through the Site and or Affiliated Websites, for the purpose of transacting with Premium Title or learning about the Services.
"Buyer" means any and all of an Individual User, Business Users and any Business Authorized Users associated therewith who (i) have entered into a binding Purchase Agreement with the Seller for a property marketed in Hubzu and (ii) selected Premium Title to serve as its closing and settlement services provider in the purchase of such property .
"Derivative Materials" has the meaning assigned to such term in section 1(j) hereof.
"Hubzu" means the platform for Sellers to market properties in a variety of ways and for users to place bids or offer on the properties marketed therein, which can be accessed through the Hubzu® website (www.hubzu.com) or by downloading and/or using the Hubzu.com mobile application (i.e. the Hubzu mobile app).
"Individual User" means a natural person seeking to use or access the Site on his or her own behalf and not on behalf of a Business User.
"Earnest Money Deposit" is the good faith deposit a Buyer pays to the escrow agent under the Purchase Agreement to help demonstrate the Buyer's commitment to purchase the property. In some transactions, this amount is sometimes referred to as the "sale deposit" but we generally refer to such deposits in this Agreement as the "Earnest Money Deposit".
"Marks" has the meaning assigned to such term in section 9(i) hereof.
"Materials" means all the documents and/or information uploaded to the Site by each Premium Title or Users including, without limitation, closing process guides and instructions, proof of Earnest Money Deposit title insurance documents and any and all related documents.
"Permitted Use" has the meaning assigned to such term in section 1(a) hereof.
"Purchase Agreement" means the Seller's purchase and sale agreement or such other contracts or agreements evidencing the Buyer's obligation to purchase the property. The Purchase Agreement will contain the terms and conditions of the sale of any property marketed on Hubzu. Purchase Agreement is between the Seller and the Buyer; Premium Title is not a party to the Purchase Agreement. In case of any conflict between provisions set forth in this Agreement and the Purchase Agreement, the Purchase Agreement shall control with respect to the parties bound thereto.
"Seller" means a person or entity who is the owner, or is authorized to act on behalf of the owner, of a property that is marketed for sale on Hubzu.
"Services" means all services operated by us, third parties on our behalf, or otherwise made available by us to Users through the Site.
"Site" has the meaning assigned to such term in the preamble hereof.
"Third Party Services" means materials, information and services provided by third parties available on the Site.
"Users" means Buyers.
1. Your Access, Contents and Services
(a) Use of the Site. Users shall use and access the Site solely for the purpose of (i) browsing the Site in evaluation of or furtherance of such Users' use of the Services; and solely if such User is a Buyer (ii) obtaining Services or Third Party Services, or (iii) reviewing, downloading and/or uploading Materials, as applicable, to allow Buyer to receive the Services (the "Permitted Use").
(b) Account. To access the Site, User must create an account by completing the registration process. The rights granted to a User to access the Site constitute a limited right to access the Site according to the terms herein and not a transfer of title.
(c) Communication Consent. By submitting your contact information on the Site, you are providing your consent to receive telemarketing calls and email messages from Premium Title and its affiliates. By submitting your contact information on the Site, you further agree that (i) we, our employees, agents, representatives, affiliates, or third parties may call or email you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates, and/or third parties; and (ii) these calls and emails may be made using an automatic telephone dialing or email system technology and/or involve prerecorded and/or artificial voice messaging, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent shall remain in effect until you revoke it. You may revoke your consent to these calls or other forms of communications from us by contacting us at 855-339-6325, emailing us at PTcustomerservice@altisource.com or any other method that ensures we receive the revocation. You may also reach us in writing at the following address: Premium Title Services, Inc. 2300 Lakeview Parkway Suite 756 Alpharetta, GA 30009.
Your consent to telemarketing calls is not a condition of obtaining any services from us. Should you prefer not to provide the consent detailed above in this Section 1(d), you may contact us at 855-339-6325 or PTcustomerservice@altisource.com.
(d) Grant of Limited Access. Subject to the terms of this Agreement, we hereby grant User a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access, view and use the Site solely for the Permitted Use. We may establish general practices and limits concerning the use of the Site, including, without limitation, the maximum number of days that Materials, account history or other uploaded content will be retained by us, the maximum number of times (and the maximum duration for which) User may access the Site in a given period of time and the maximum amount of data User may access from the Site in a given period of time.
(e) Proprietary Property. The Site, Services and Contents (including the selection, arrangement and composition of such Contents or any information contained therein) constitute the proprietary property of Premium Title, its affiliates, suppliers and/or licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. User shall have no rights in or to such Content. User shall not remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Site. However, some information on the Site may be licensed from third parties or obtained from public sources; we specifically disclaim ownership of or responsibility for such third party data.
(f) Content. Except for Derivative Materials, the use of which is governed by subsections (k) and (l) below, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Premium Title. Notwithstanding any such prior written consent that Premium Title may provide, if User receives such consent, User may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in this Agreement violates Premium Title's intellectual property rights and this Agreement.
(g) Third Party Services. In addition to the Contents and Services, this Site may also make available to Buyer certain Third Party Services. Such Third Party Services, if any are provided, are provided by unaffiliated third parties and may be governed by separate license agreements that accompany such Third Party Services. We have no responsibility for, or control over, the Third Party Services or content resulting from the use of Third Party Services. Any opinions, advice, statements, services, offers, or other information expressed or made available through the use of such Third Party Services, are those of the respective author(s) or distributor(s) of that information. We neither endorse, nor are responsible for, the accuracy or reliability of any opinion, advice, information, or statement made on the Site by its Users or other third parties. We assume no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Contents and Services. Buyer will not hold us responsible or liable with respect to the Third Party Services or seek to do so.
(h) Premium Title may, without prior notice, immediately terminate, amend, limit, or suspend a User's access to its account or login credentials (and, if such User is a Business Authorized User, the Business User associated with such Business Authorized User). Cause for such action shall include, but shall not be limited to: (i) breaches or violations of this Agreement or other incorporated agreements or terms of service, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification of the Services, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, or (vi) illegal or fraudulent conduct. Services may be terminated at Premium Title's sole discretion, and in no event shall Premium Title be liable to any User or any third party for termination of User's account or login credentials.
(i) If Premium Title suspects the credentials User provides are not correct, current, complete, or have been compromised, Premium Title has the right to refuse such User's access to its account or require such User to create a new or modify its current account, in Premium Title's sole discretion. Premium Title may terminate, suspend, or modify User's access as set forth in section 1(h). Premium Title shall in no way be liable for any damages or liabilities associated with termination of a User's use and access to its account.
(j) Premium Title will treat any personal information submitted through this Site in accordance with its Privacy Policy accessible at https://www.altisource.com/Privacy-Policy
(k) User grants Premium Title, its affiliates, employees, independent contractors, agents, advisors, and other representatives a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to access, reproduce, display, modify, create derivative works of, store, perform analysis on, or otherwise use User's Materials or have a third party do any of the foregoing on Premium Title's behalf in connection with (i) Premium Title's provision of the Services provided by Premium Title under this Agreement to User and other parties, and (ii) as necessary or useful to enforce this Agreement and exercise Premium Title's rights and perform its obligations hereunder. Premium Title acknowledges that, as between User and Premium Title, except as otherwise provided herein, such User owns all right, title and interest in and to its Materials. All reports, derivative works, compilations, modifications and other materials created from or with use of User's Materials pursuant to this section (collectively, "Derivative Materials") will be, in each case, the sole and exclusive property of Premium Title. To the extent Premium Title does not own such Derivative Materials automatically at the time of their creation; User hereby assigns to Premium Title all rights therein.
(l) Subject to the restrictions set forth in this Agreement, Buyer may copy information from the Derivative Materials solely in the course of viewing, saving, printing, faxing and/or e-mailing such information only as necessary pursuant to Buyer's Permitted Use. Derivative Materials may not be distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Premium Title.
(m) The Services do not replace or reduce the need for User to maintain regular data backups or redundant data archives.
2. Eligibility and Your Responsibilities
(a) Accuracy of Information. User shall provide true, accurate, current and complete information during the Site registration process and in all interactions on the Site and interactions with us. User will accurately maintain and update its account information as needed. Except as may be otherwise specified in this Agreement, User, at its sole expense, will procure, operate and maintain suitable, properly operational (and fully compatible with the Site) computer hardware, software and devices as required to access and/or perform the Services as set forth in this Agreement. It is User's sole cost and responsibility to provide any and all instrumentalities of communication including, but not limited to, telephone lines, internet connections, as well as any and all required computer software and hardware devices to enable User to protect the integrity of its Materials, as shall, from time to time, be necessary, required or desirable as specified by Premium Title to provide the Services.
(b) Restricted Activities; Submission of Harmful Material. User's account and login credentials may not be transferred or sold to another party. User shall not post, submit or link to any Material that (i) is illegal, deceptive, false, inaccurate, misleading, fraudulent, threatening, harassing, libelous, defamatory, obscene, pornographic or otherwise objectionable as determined by us or under applicable law; (ii) directly or indirectly directs Users to another online or offline location that provides products or services similar to the Site; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize; (v) infringes the intellectual property rights, privacy rights or other legal rights of any individual or entity; (vi) includes any code, files, scripts, agents, programs or other computer programming routines intended to do harm or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, including, for example, viruses, worms, time bombs and Trojan horses; (vii) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers (ISPs) or other suppliers; and (vii) interferes with, disrupts or otherwise adversely impacts the use of the Site by any other User.
(c) User remains solely responsible for the content of the Materials that User uploads into the Site. Neither Premium Title nor any third party that provides content to Premium Title will assume or have any liability for any action or inaction by Premium Title or such third party with respect to any Material that User uploaded into the Site. User represents and warrants that it has all necessary authority and rights to upload into the Site any Materials and to grant Premium Title and its affiliates all rights and licenses to such Materials granted herein (including without limitation in section 1(k)). User shall be solely responsible for (i) safeguarding the Materials, (ii) the accuracy, quality, integrity, legality and reliability of any Material uploaded by User into the Site, (iii) ensuring that any Materials uploaded on or provided by User through the Site complies with any advertising, consumer protection, intellectual property, or any other applicable laws, rules, regulations and guidelines, and (iv) User's information technology infrastructure and management, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by User or through the use of third-party services.
(d) No Scamming. User may not use the Site in a way that could cause us to unknowingly participate in, or contribute to, the violation of any applicable law, statute, ordinance or regulation. We aim to keep the Site safe, and may report any and all suspected use of the Site for scamming, fraudulent, or extortive purposes to the appropriate law enforcement agency or regulators.
(e) Reverse Engineering. User may not reverse engineer, decompile or disassemble the Site (except to the extent specifically permitted by applicable law) or attempt to do so, nor may User use information or Content on the Site to develop or design any product (including without limitation any website similar to or competitive with the Site). User may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Site). General purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. User may not use, or attempt to use, the Site through any means not explicitly and intentionally made available, provided or intended with respect to the Site. User may not harvest information about other Users of the Site for any purpose. User may not use the Services in any manner that could damage, disable, overburden, or impair the Site or that harms us, our service providers, suppliers or any other person.
(f) Access and Interference. User shall not (and may not authorize any party to) (i) co-brand the Site, (ii) use the Site in a way that could cause Premium Title to unknowingly participate in, or contribute to, the violation of any applicable law, statute, ordinance or regulation, (iii) use the Site or Services for any competitive purpose, (iv) frame the Site or any Content therein, nor shall User otherwise cause such Site or Content to appear in a form that is outside of the context of the Site, or (v) use any electronic device, software or process to monitor or copy the Site or any other of our web pages or the Content contained herein without our prior expressed written permission. User shall not use any electronic device, software or process to interfere with or attempt to interfere with the proper functioning of the Site or any activities conducted on the Site. User shall not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. User shall not copy, reproduce, alter, modify, create derivative works, or publicly display any Content for public, commercial or any other purposes, including the text, images, audio, and video without our prior expressed written permission. User shall not cause any advertising (including, without limitation, pop-ups or pop-unders) or other functionality that interferes with the user experience of the Site. For purposes of this Agreement, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of Premium Title or its affiliates in such a manner as is reasonably likely to give another User the impression that User has the right to display, publish, or distribute the Service or Content accessible in the Site. User will cooperate in causing any unauthorized co-branding or framing immediately to cease. User will immediately cease any occurrence of hyperlinking to the Site should Premium Title make such a request, which User recognizes it is entitled to do at any time and for any reason.
3. Restrictions on Your Use of the Site and Limitations
(a) User's right to use the Site is conditional on User's warranty that User will only use the Site for the Permitted Use and for no other purpose that is unlawful or prohibited by this Agreement. User shall not use the Site in any manner which could disable, overburden, damage or impair the Site or interfere with any other party's use and enjoyment of the Site. User shall not obtain or attempt to obtain any Content or Materials through any means not intentionally made available or provided to User through the Site.
(b) Any and all Materials uploaded by User to the Site are User's sole responsibility. User holds Premium Title and its affiliates harmless from any and all actions that may arise or be related to such Materials. User shall not enter or upload Materials that are illegal, deceptive, false, inaccurate, misleading, fraudulent, threatening, harassing, libelous, defamatory, obscene, pornographic or otherwise objectionable as determined by Premium Title in its sole discretion or under applicable law. Except in the event of Premium Title's willful misconduct, User accepts full responsibility for all personal information that User deliberately or inadvertently enters or uploads to the Site and shall indemnify Premium Title and its affiliates for any losses, expenses, damages, fees, liabilities and costs, including reasonable attorneys' fees, resulting from or related to such personal information per the indemnification obligations contained herein.
(c) User shall not (and shall not permit any third party to) (i) create or authorize new versions, modifications or enhancements to the Services or any portion thereof; and (ii) sublicense, in whole or in part, or grant a security interest in, encumber, or otherwise transfer rights to the Services or any portion thereof.
(d) Premium Title reserves the right to monitor User's use of the Site to determine compliance with this Agreement, as well as the right to remove or refuse any Material for any reason. Premium Title also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Material, in whole or in part, in its sole discretion. Materials uploaded to the Site may be subject to limits on use, reproduction and/or dissemination and User is responsible for abiding by such limitations with respect to the Materials uploaded, including any downloaded Contents.
(e) User hereby warrants that it will never, directly or indirectly:
(i) de-compile, translate, reverse engineer, disassemble, decode, adapt or create derivative works from the Site, any other Premium Title product and/or any other Content or information owned by Premium Title or its affiliates;
(ii) re-market, resell or redistribute the Service to any third person or entity;
(iii) bypass or breach any security device or protection used for or contained in the Site or any other Premium Title product;
(iv) use the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose that is to Premium Title's detriment or commercial disadvantage;
(v) use and/or register any designation, trademark or trade name that incorporates the terms "Premium Title", or any designation, trademark or trade name that is confusingly similar to Premium Title or any other Premium Title trademark; or
(vi) except as otherwise provided in this Agreement, commercially market all or part of Premium Title's products or services (including but not limited to the Services) or any product similar to Premium Title's products, and/or that competes with Premium Title in any way.
(f) Identity Verification and Use. We use many techniques to identify our Users when they register. However, because User authentication on the Internet is difficult, the Site cannot and does not confirm each User's purported identity. We encourage Users to report to us any instances of fraud or other circumstances that call into question the purported identity of any User of the Site. Each User is solely responsible for any information it provides to us. Users shall maintain the secrecy of its account and each User shall not share its username, password or any other login credentials with others. Each User will immediately notify us of any unauthorized use of its username or password, or any other breach of security related to the Site. Each Business User and each of its associated Business Authorized Users are jointly and severally liable for all activities that occur under any such Business User or Business Authorized User's username and password. Business Users shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to such account; and (b) control the Materials uploaded into the Site. Each Business User and its Business Authorized Users will be held jointly, severally and fully liable for any breach of this Agreement by such Business User and its Business Authorized Users, and will fully indemnify and hold Premium Title and (as applicable) its affiliates, officers, directors, agents, and employees, harmless from any claim, including a claim for attorneys' fees, or damages arising out of such breach of this Agreement.
(g) Release. In the event of any dispute by User with one or more of the Site's Users or any Seller User releases us (and our affiliates, officers, directors, agents, independent contractors, advisors and employees) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s).
(h) Information Control. We do not control any Materials on the Site that may be provided by Users. User may find other Users' information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and safe business practices when using the Site. Please note that there may also be risks of dealing with underage persons, foreign nationals and people acting under false pretenses.
(i) Server or Other Technological Issues. The Site may, from time to time, not operate optimally, at normal speed, with full functionality, or at all. In our sole discretion and at any time, we may choose to shut down the Site for any amount of time, thereby ceasing the ability for some or any Users to use the Site. The decision to shut down and re-enable the Site, in whole or in part rests solely with us. The Site, all Contents and any other materials thereon are provided "AS-IS" and, while we strive to provide a seamless and satisfying experience for all of our Users, we assume no responsibility for any unavailability of the Site (regardless of duration) or the timeliness, transport, outage, deletion, delivery failures or failure to store/retrieve any user commands, data, communications or personalization settings in connection with the Site.
(g) Release. In the event of any dispute by User with one or more of the Site's Users or any Seller User releases us (and our affiliates, officers, directors, agents, independent contractors, advisors and employees) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s).
(h) Information Control. We do not control any Materials on the Site that may be provided by Users. User may find other Users' information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and safe business practices when using the Site. Please note that there may also be risks of dealing with underage persons, foreign nationals and people acting under false pretenses.
(i) Server or Other Technological Issues. The Site may, from time to time, not operate optimally, at normal speed, with full functionality, or at all. In our sole discretion and at any time, we may choose to shut down the Site for any amount of time, thereby ceasing the ability for some or any Users to use the Site. The decision to shut down and re-enable the Site, in whole or in part rests solely with us. The Site, all Contents and any other materials thereon are provided "AS-IS" and, while we strive to provide a seamless and satisfying experience for all of our Users, we assume no responsibility for any unavailability of the Site (regardless of duration) or the timeliness, transport, outage, deletion, delivery failures or failure to store/retrieve any user commands, data, communications or personalization settings in connection with the Site.
4. Disclaimer of Warranties. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE ACCURACY OF THE INFORMATION OR CONTENTS, MATERIALS CONTAINED ON THE SITE OR THE OPERATION, AND ACCURACY OR APPROPRIATENESS OF THE SITE FOR ANY BUSINESS PURPOSES. THE SITE AND ALL CONTENTS ARE PROVIDED 'AS-IS'.
5. License. To enable the Site to use the information with which User supplies us, and so that we are not violating any rights User might have in that information, User hereby grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise any copyright, publicity and database rights User has in its information (including without limitation User's information submitted upon registration with the Site and any Materials that corresponds to such User submitted to the Site), in any media now known or not currently known, with respect to User's information. For the avoidance of doubt, the license granted herein includes a right to use such information for the benefit of any other User.
6. Indemnity. Users shall jointly and severally indemnify and hold us and (as applicable) our affiliates, officers, managers, directors, licensors, suppliers, agents and employees, harmless from any claim or demand, including a claim for attorneys' fees, made by any third party due to, or arising out of, (i) the User's acts or omissions with respect to the use of use of the Site, (ii) the User's breach of this Agreement or the documents it incorporates by reference, the Materials, (iii) the Users' negligence, gross negligence, willful misconduct, (iv) the User's violation of any law, rule or regulation or (v) the User's violation of the rights of a third party.
7. Limitation of Liability. EXCEPT WHERE RESTRICTED OR PROHIBITED BY LAW, PREMIUM TITLE AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT AND SHALL NOT BE LIABLE TO USER OR ANY OTHER THIRD PARTY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) ARISING DIRECTLY OR INDIRECTLY FROM: (A) USER'S USE OR INABILITY TO USE THE SITE OR THE AFFILIATED WEBSITES, (B) THE CONTENT ON THE SITE OR THE AFFILIATED WEBSITES, (C) THE AVAILABILITY OF, AND NOTIFICATIONS MADE BY THE SITE OR THE AFFILIATED WEBSITES, (D) OUR PROVISION OF ANY SERVICES IN CONNECTION WITH THE SITE, (E) DAMAGE TO USER'S HARDWARE DEVICE FROM USE OF THE SITE, THE AFFILIATED WEBSITES OR ANY RELATED SERVICES, AND (F) ANY ACTION TAKEN WITH RESPECT TO USER'S ACCOUNT ON THE SITE OR THE AFFILIATED WEBSITES. IN NO EVENT SHALL PREMIUM TITLE OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES' COLLECTIVE AGGREGATE LIABILITY TO USER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).
8. Legal Compliance. Each User shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding such User's use of the Site or Affiliated Websites.
9. General.
(a) Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
(b) Assignment. We may assign this Agreement and all referenced or incorporated agreements at any time for any reason. User may not assign any of its rights hereunder without our prior written approval.
(c) Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(d) Breach. Our failure to act with respect to a breach by User or others does not waive our right to act with respect to subsequent or similar breaches.
(e) Entirety. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
(f) Refusal of Service. We reserve the right to refuse Service to anyone for any reason not prohibited by law.
(g) Governing Law. This Agreement shall be governed by and construed in accordance with Delaware law. THE PARTIES HERETO HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT WHICH EITHER OR BOTH OF THEM MAY HAVE TO RECEIVE A TRIAL BY JURY WITH RESPECT TO ANY CLAIMS, CONTROVERSIES OR DISPUTES WHICH MAY ARISE OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
(h) Acceptance. By registering on the Site User unconditionally accepts the above Agreement. User shall abide by all such terms and conditions fully and without recourse.
(i) Intellectual Property Notice. Premium Title, the Premium Title logo and all other marks identified herein, and on referenced and incorporated agreements, are trademarks or service marks of Premium Title or its affiliates (the "Marks"). These Marks may be registered with the United States Patent and Trademark Office and Intellectual Property Offices of other countries. User is not permitted to use the Marks without the prior written consent of Premium Title. In addition, User is not permitted to use any current or future Premium Title product names or trade names in connection with any product or service that does not belong to, is not owned by, or endorsed by Premium Title in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Premium Title.
(j) Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. USER'S ACCESS AND CONTINUED USE OF THE SITE SIGNIFIES USER'S EXPLICIT CONSENT TO THIS WAIVER.