About MST / Terms & Conditions
(Effective November 1, 2008)
1. INTRODUCTION AND ACCEPTANCE
Welcome to www.mstagency.com ("Website"), an interactive online service operated by Multi-State Title
Agency, LLC ("us," "we," or "our").
2. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations,
files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology,
documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us,
our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us,
3. WEBSITE ACCESS AND USE
(A) Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use
only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright
display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written
consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website
Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use
only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features
that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any
purpose without our express written permission;
(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords,
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Website;
(viii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or
entity (e.g., using another person’s Membership (as defined in Section 4(B)) without permission, etc.);
4. USER REGISTRATION
(A) In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen,
then you are not permitted to register as a user or otherwise submit personal information.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes,
you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"),
which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and
maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether
or not you have authorized the activity. You agree to notify us immediately at (513) 651-6154 of any breach of security or unauthorized use
of your Membership.
5. WEBSITE CONTENT & THIRD PARTY LINKS
(A) We provide the Website including, without limitation, Website Content for educational and promotional purposes only. You may not rely on
any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate
the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage
caused by your reliance on any Website Content.
(B) In some instances, Website Content may include content posted by a third-party or will represent the opinions and judgments of a
third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion,
advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
(C) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily
endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not
responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your
dealings with any third-party or their website.
You agree to indemnify and hold harmless Multi-State Title Agency, LLC and its officers, directors, employees, parents, partners, successors,
agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses,
damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in
(iii) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (iv) your acts or omissions.
You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT
PERMITTED BY LAW, MULTI-STATE TITLE AGENCY, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, MEMBERS, SUCCESSORS, AGENTS,
DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES
THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR
INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE;
(5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT
YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
8. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL MULTI-STATE TITLE AGENCY, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, MEMBERS, SUCCESSORS,
AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF MULTI-STATE TITLE AGENCY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING
WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON
(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MULTI-STATE TITLE AGENCY, LLC
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, MEMBERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND
THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY MULTI-STATE TITLE AGENCY, LLC DURING THE PRECEDING
TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH
SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply
to you. These limitations shall apply to the fullest extent permitted by law.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the
agree that Multi-State Title Agency, LLC shall not be liable to you or any third party for any termination or suspension of your Membership
or for blocking your access to the Website.
limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions
related to choice of law and all of the miscellaneous provisions in Section 12.
10. CHOICE OF LAW; JURISDICTION AND VENUE
legal proceedings against Multi-State Title Agency, LLC that may arise out of, relate to, or be in any way connected with our Website or
inconvenient forum objections to such courts.
11. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the
may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may
the Additional Terms will control.
any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms
of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of
of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to
such subject matter.
written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and