Welcome to this Express Closing Technologies, LLC Web site (this
"Web Site"). Express Closing Technologies,
LLC provides this Web Site subject to the following
terms of use (these "Terms"). These Terms
explain a contractual agreement between you ( "User,"
"You," "Your") and Express Closing
Technologies, LLC ( "We," "Us,"
"Our") regarding Your use of this Web Site.
You should print a copy of these Terms for Your records.
Please note, however, that We may update and amend these
Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with
access to information about Our services, products,
and related links to meet Your needs (the "Content").
The Terms are meant to protect all of Our visitors
to this Web Site, and Your access to and use of this
Web Site signifies Your agreement with these Terms.
DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH
THESE TERMS. We reserve the right, in Our sole discretion,
to modify, alter or otherwise update these Terms at
any time. Such modifications, alterations, and updates
shall be effective immediately upon posting. You agree
to be bound by such modified, altered, and updated
Terms if You access or use this Web Site after We
have posted notice of such modifications, alterations
or updates.
Consistent with Our goals, this Web Site will permit
You to link to many other Web sites that may or may
not be affiliated with this Web Site and/or with Us.
The other linked Web sites have different terms of
use that are not the same as these Terms. Your access
to and use of such linked Web sites through links
provided on this Web Site is governed by the terms
of use and policies of those sites, not this Web Site.
2. PRIVACY
Registration data and certain other information about
You is subject to our Privacy Policy. For more information,
please review Our Privacy Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content
on this Web Site, including, but not limited to, text,
photographs, images, illustrations, audio clips, and
video clips, is protected by copyrights, trademarks,
service marks, and/or other intellectual property
rights (which are governed by United States and worldwide
copyright laws and treaty provisions, privacy and
publicity laws, and communication regulations and
statutes). The Content is owned and controlled by
Us or Our affiliates, or by third party content providers,
merchants, sponsors and licensors (collectively the
"Providers") that have licensed their content
or the right to market their products and/or services
to Us. Content on this Web Site or any Web site owned,
operated, licensed or controlled by the Providers
is solely for Your use. You agree to abide by all
additional copyright notices, information, or restrictions
contained in any Content. You may download a single
copy of any Content contained on this Web Site, solely
for Your personal, non-commercial use, consistent
with these Terms, provided that You maintain all copyright
and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post,
transmit, distribute, and/or exploit the Content in
any way (including by e-mail or other electronic means)
for commercial use without the prior written consent
of Us or the Providers. You may request consent by
faxing a request to Express Closing Technologies'
Legal Department at 561.393.9707. Your modification
of the Content, use of the Content on any other Web
site or networked computer environment without the
prior written consent of Us or the Providers, violates
the intellectual property rights and proprietary rights
of the Content owners and is prohibited.
You may not use on Your Web site any registered or
unregistered trademarks, service marks or copyrighted
materials appearing on this Web Site, including but
not limited to any logos or characters, without the
express written consent of the owner of the mark or
copyright. You may not frame, deep link, or otherwise
incorporate into another Web site any of the Content
or other materials on this Web Site without Our express
prior written consent.
Violation of trademark and copyright laws may result
in significant civil liability or criminal penalties
under United States and/or worldwide copyright and
trademark laws. You recognize that any reproduction
or use of Content, except as authorized by these Terms,
is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not
use this Web Site for any purpose that is unlawful
or prohibited by these Terms, including without limitation
the posting or transmitting any threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material. If You violate any of these Terms,
Your permission to use this Web Site immediately terminates
without the necessity of any notice. We retain the
right to deny access to anyone at Our discretion for
any reason, including for violation of these Terms.
You are solely responsible for Your Information, and
We act as a passive conduit for Your online distribution
and publication of Your Information. As used in these
Terms, "Information" means any information
or data that You submit to this Web Site and any information
or data that is generated by this Web Site as a result
of Your use of this Web Site.
In the event that You are provided with User identification
numbers or codes (collectively, " ID's"),
confirmation numbers, and/or passwords (as applicable)
in the use of this Web Site, You shall maintain such
User ID's, confirmation numbers, and/or passwords
in confidence and You agree not to distribute or disclose
the same to third parties. It is Your responsibility
to notify Us if We need to change or discontinue any
of Your ID's, confirmation numbers, or passwords.
It is also Your responsibility to immediately request
discontinuation of an ID, confirmation number, or
password upon Your knowledge or belief that such ID,
confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. We may suspend
or terminate Your service or access to this Web Site
if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and
complete Information. If You provide any Information
that is untrue, inaccurate, not current or incomplete
(or We have reasonable grounds to suspect that such
Information is untrue, inaccurate, not current or
incomplete), We have the right to suspend or terminate
Your access and activity, and refuse any and all current
or future use of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this
Web Site, and You agree not to use or permit others
to use this Web Site, for any of the following: (a)
take any action that imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure, including
but not limited to "spam" or other such
unsolicited mass e-mailing techniques; (b) disclose
to, or share with, the assigned confirmation numbers
and/or passwords with any unauthorized third parties
or using the assigned confirmation numbers and/or
passwords for any unauthorized purpose; (c) attempt
to decipher, decompile, disassemble or reverse engineer
any of the software or HTML code comprising or in
any way making up a part of this Web Site; (d) upload,
post, emailing or otherwise transmitting any Information,
Content, or proprietary rights that You do not have
a right to transmit under any law or under contractual
or fiduciary relationships; (e) violating any applicable
local, state, national or international law, including,
but not limited to, any regulations having the force
of law; and, (f) using any robot, spider, intelligent
agent, other automatic device, or manual process to
search, monitor or copy Our Web pages, or the Content
without Our prior written permission, provided that
generally available third party Web browsers such
as Netscape Navigator® and Microsoft Internet
Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEB SITE
You acknowledge and agree that We may preserve Information
and may also disclose Information if required to do
so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the Terms; (c) respond
to claims that any Information violates the rights
of third parties; or (d) protect the rights, property,
or personal safety of Our business, employees, Providers,
affiliates, users, and/or the public.
7. LINKS TO OTHER WEB SITES
This Web Site may contain links to third party and/or
other Express Closing Technologies-affiliated Web sites not under Our control
or operation (the "Linked Sites"). The links
will let You leave this Web Site, and You access them
at Your own risk. You acknowledge that We provide
the Linked Sites for Your convenience and information
only. We do not endorse nor are We responsible for
any content, information, or other related materials
found at any such Linked Sites or any links contained
within such Linked Sites, whether or not We are affiliated
with the owners of such Linked Sites. Moreover, We
do not control any use of content, information or
other related material that You provide to, or is
collected and/or tracked by, such Linked Sites. Such
use by Linked Sites is governed by the terms of use
statements and/or privacy policies of such Linked
Sites, not this Web Site, and as a result may differ
from Ours. You may not establish a hyperlink to this
Web Site or provide any links that state or imply
any sponsorship or endorsement of Your Web site by
Us or the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found
on or through this Web Site, including payment and
delivery of related goods or services, and any other
terms, conditions, warranties, or representations
associated with such dealings are solely between You
and such advertiser. You agree that We (and the Providers)
shall neither be responsible nor liable for any loss
or damage incurred by You as the result of any such
dealings or as the result of the presence of such
advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH,
UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE
IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR
THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION,
PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB
SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY,
USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR
MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS
WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND
NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING
(INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION)
AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED
ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION
AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED
USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU
PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, OR (B) $500. Some states do not
allow for the limitation of liability, so the foregoing
limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND
ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION,
OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB
SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES.
The limitation of liability reflects the allocation
of risk between the parties. The limitations specified
in this Section 10 will survive and apply even if
any limited remedy specified in these Terms is found
to have failed of its essential purpose. The limitations
of liability provided in these Terms inure to the
benefit of Us and the Providers, and to all respective
officers, directors, employees, representatives, attorneys,
and agents.
11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites)
from Our offices within the States of Florida. It
can be accessed from all 50 states, as well as from
other countries around the world. As each of these
places has laws that may differ from those of Florida,
by accessing this Web Site, You agree that these Terms
and Your use of the Web Site shall be governed in
all respect by the internal substantive laws of the
State of Florida, without regard to conflict of laws
provisions and shall not be governed by the United
Nations Convention on the International Sale of Goods.
You further submit to exclusive jurisdiction and venue
in the state and federal courts located in the State
of Florida for all disputes, cases and controversies
regarding this Web Site, Your use of this Web Site,
and Your relationship with Us. We make no representation
that materials on this Web Site are appropriate or
available for use in other locations, and accessing
them from territories where the Content is illegal
is prohibited. Those who choose to access this Web
Site from other locations do so at their own risk
and are responsible for compliance with local laws,
including laws regarding the transmission of technical
data exported from the United States or the country
in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if
and when We become aware of it, to any applicable
government agencies. You agree to indemnify, defend
and hold Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors,
and suppliers harmless from and against any and all
claims, demands, actions, costs, liabilities, losses
and damages of any kind (including attorneys' fees)
resulting from Your use of this Web Site, Your breach
of any provision of these Terms and/or any negligent
acts, omissions or intentional wrongdoing by You.
Any such indemnification shall be conditioned on Our:
(a) notifying You in writing of any such claim, demand,
action, cost, liability, loss or threat of any thereof;
(b) cooperating with You in the defense or settlement
thereof; and (c) allowing You to control such defense
or settlement. We shall be entitled to participate
in such defense at Our own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion
forums on this Web Site (the "Forums"),
You shall not, without our express approval, distribute
or otherwise publish any material containing any solicitation
of funds, advertising, or written solicitation for
goods and services. You agree that any uploaded materials
may be republished without compensation to You or
any other person or entity. In addition, You warrant
that all moral rights in any uploaded materials have
been waived. While We do not and cannot review every
message posted by You or any other User in the Forums,
and although We are not responsible for these messages,
We reserve the right (but not the obligation) to delete,
move, or edit messages that We, in our sole discretion,
deem abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise unacceptable.
We do not endorse any Information posted on this Web
Site.
You agree that You must evaluate, and bear all risks
associated with, the use of any messages, Information,
or Content, including any reliance on the accuracy,
completeness, or usefulness of such messages, Information,
or Content. In this regard, You acknowledge that You
may not rely on any Content We create or information
submitted to Us by third parties, including without
limitation, information in the Forums, and in all
other parts of this Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers,
Our and their officers, directors, employees, affiliates,
agents, licensors, and suppliers. Each of these individuals
or entities shall have the right to assert and enforce
these Terms directly against You on its (or their
own) behalf. Our failure to act with respect to a
breach by You or others does not waive Our right to
act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid
or unenforceable, such provision will be struck and
the remaining provisions enforced. Headings are for
reference purposes only.
You and We are dealing at arms' length, creating
a commercial relationship. We are not Your Agent or
Your fiduciary.
The provisions and conditions of these Terms, and
each obligation referenced herein, represent the entire
Agreement between Us (including the Providers), Our
affiliated or related entities, and You, and supersede
any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist
between these Terms and any future published terms
of use or understanding, the last published Terms
shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED
IN THESE TERMS.