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Terms of Service
GatewayTitle.net is a service of Gateway Title Company an agent for United General Title Insurance Company and First American Title Insurance Company providing title insurance, closing services and other real estate related services to realtors, lenders and home buyers and sellers.
SCOPE OF TERMS
These terms regard the use of the Gateway Title web site only, not the obligations and commitment of our individual service. For the purposes of this agreement, the use of the term "services" shall not include nor apply to our title insurance and/or closing services or products provided to a user via the Gateway Title web site by Gateway Title Company (Gateway). With respect to the provision of title insurance and/or closing services to a user by Gateway Title, existing law governing the conduct of an underwritten title company in shall apply, and shall not be affected by this Terms of Service Agreement
ACCEPTANCE OF TERMS
Please read these terms carefully before accessing or using the Gateway Title web site (on the worldwide web at http://www.Gatewaytitle.net or http:/www.gtc1.com). By accessing the Gateway Title web site, you agree to be bound by this agreement. Gateway Title and its affiliates, licensors and suppliers provide information and services to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained in this agreement. Your use of this web site constitutes your agreement to all such terms, conditions and notices.
PRIVACY AND SECURITY
Gateway Title knows privacy is paramount and has built its web site with the highest levels of security to ensure the safety and privacy of all transaction data. All transaction data entered into the Gateway Title web site is automatically encrypted using SSL (Secure Sockets Layer) Version 3, an advanced industry security standard that provides a high level of data protection and integrity.
Gateway Title takes the trust our clients place in us very seriously. We will not disclose information about a transaction to any party not directly involved.
We do collect and use the following information from all users in our efforts to provide the highest quality products:
IP Address/OS/Software: Your IP or "Internet Protocol" address, Operating system (i.e. Windows 98), Browser software (i.e., Internet Explorer), and other site usage data is used to gather broad demographic information. This data is viewed in aggregate, and helps us serve you by allowing us to understand how visitors use our web site.
Cookies: We use a technology called "cookies." These are small files stored by your browser on your computer to help keep track of your user profile. Our cookies do not collect personally identifiable information, nor do we share them with anyone.
This Gateway Title privacy policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of Gateway Title. The policy is not to be applied in any manner contrary to applicable law or governmental regulation. Gateway Title may disclose your personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the requirements of the law or comply with governmental orders, court orders, or legal process served on Gateway Title; or (2) protect and defend the property or rights of Gateway Title, or the users of Gateway Title products and services.
PASSWORD
In connection with your establishment of an account through the Gateway Title web site, you will be required to select a password and account name. You are responsible for maintaining the confidentiality of your password and account name, and are fully responsible for all activities that occur under your account name. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Neither Gateway Title, its affiliates, nor their employees or agents will be liable for any loss or damage arising from your failure to comply with this section.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to Gateway Title and its affiliates that you will not use the web site for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all local rules applicable to you in your use of the web site. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of the web site. If you violate any of these terms, your permission to use the web site automatically terminates.
LIABILITY DISCLAIMER
YOU USE THE WEB SITE AT YOUR OWN RISK. IF YOUR USE OF THIS WEB SITE, OR THE MATERIALS CONTAINED THEREON OR LINKED THERETO (INCLUDING THE DOWNLOAD OF ANY CONTENT OR SOFTWARE), RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NEITHER GATEWAY TITLE NOR ITS AFFILIATES, NOR THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THOSE COSTS.
REASONABLE EFFORT SHALL BE MADE BY GATEWAY TITLE TO PROVIDE RELIABLE SERVICE. GATEWAY TITLE PROVIDES SERVICE ON THE INTERNET AND, AS SUCH, IS SUBJECT TO THE OPERATION OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURES AS WELL AS THE OPERATION OF YOUR INTERNET CONNECTION SERVICE, ALL OF WHICH ARE BEYOND THE CONTROL OF GATEWAY TITLE. GATEWAY TITLE SHALL MAKE REASONABLE EFFORT TO PROVIDE BACK UP SERVICES SUCH AS FAX AND PHONE SERVICE IN THE EVENT THAT THE INTERNET-DEPENDENT SERVICES SUFFER OUTAGES BEYOND OUR CONTROL. USERS OF THE GATEWAY TITLE WEB SITE ARE ADVISED THAT THEY ARE CONDUCTING THEIR TRANSACTIONS OVER THE INTERNET. WHILE GATEWAY TITLE HAS TAKEN ALL REASONABLE STEPS TO REDUCE RISK BY BUILDING SYSTEMS WITH HIGH LEVELS OF SECURITY TO ENSURE THE PRIVACY OF ALL TRANSACTION DATA AND THE SAFE TRANSMISSION OF CREDIT CARD INFORMATION, RISKS REMAIN DUE TO FACTORS BEYOND THE REASONABLE CONTROL OF GATEWAY TITLE. GATEWAY TITLE AND ITS AFFILIATES, AND THEIR EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO, AND CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE GATEWAY TITLE WEB SITE.
IN NO EVENT SHALL GATEWAY TITLE, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THIS WEB SITE, (B) THE DELAY OR INABILITY TO USE THIS WEB SITE, OR (C) UNAUTHORIZED THIRD PARTY ACCESS TO YOUR ACCOUNT OR (II) ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GATEWAY TITLE, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NEITHER GATEWAY TITLE NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION, SOFTWARE AND CONTENT CONTAINED ON OR ACCESSED VIA THIS WEB SITE WILL (I) MEET YOUR REQUIREMENTS OR (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, ALTHOUGH NEITHER GATEWAY TITLE NOR ITS AFFILIATES ASSUMES ANY OBLIGATION TO MAKE SUCH CHANGES. GATEWAY TITLE, ITS AFFILIATES AND/OR THEIR LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME. NEITHER GATEWAY TITLE NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR THE CONTENT, QUALITY AND TIMELINESS OF ONLINE FORMS, REPORT ORDERING, INSPECTORS, INSPECTION RESULTS, AND SIMILAR ITEMS. USE OF THESE FORMS IS AT THE RISK OF THE USER. GATEWAY TITLE AND ITS AFFILIATES ACT AS A CONDUIT FOR THESE ITEMS, AND CANNOT BE HELD LIABLE FOR ANY CONTENT OR SERVICES OTHER THAN THOSE DIRECTLY RELATED TO THE GATEWAY TITLE INSURANCE SERVICE.
ALL INFORMATION MADE AVAILABLE ON OR THROUGH THE GATEWAY TITLE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND GATEWAY TITLE, ITS AFFILIATES, AND THEIR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the web site, you agree to provide full and accurate information about yourself as requested in our registration form and to update the registration form in a timely manner as such information changes. If you provide any information that is untrue, inaccurate or incomplete, or we have reason to believe that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all future use of the web site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gateway Title, its affiliates, and their officers, directors, employees, agents, supplies, licensors and partners from and against any liability, loss, claim, demand and expense (including reasonable attorneys' fees) due to or arising out of your violation of any of the terms or conditions of this agreement, misuse of the web site, or any violation or misappropriation of the rights of any third party.
TERMINATION
You agree that Gateway Title, in its sole discretion, may terminate your password, account (or any part thereof) or use of the web site, and remove and discard any information that you have provided to us if Gateway Title believes that you have violated or acted inconsistently with the letter or spirit of this agreement. Further, you agree that neither Gateway Title nor its affiliates shall not be liable to you or any third-party for any termination of your access to the web site.
CHANGES TO WEB SITE
Gateway Title, its affiliates, and their advertisers, licensors and/or suppliers may make improvements or changes in the information and other materials on this web site, or terminate the web site (or any portion thereof), at any time without notice. Gateway Title may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of the web site shall be deemed your acceptance of the modified agreement.
ADVERTISERS AND THIRD PARTY SITES
Your correspondence or business dealings with, or participation in promotions of, advertisers on the Gateway Title web site, including payment and delivery of their goods or services, and any other terms, conditions, warranties or representations related to those dealings, are solely between you and that advertiser. You agree that neither Gateway Title, its affiliates, nor their officers, directors, employees or agents shall be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with advertisers or as the result of the presence of such advertisers on the Gateway Title web site.
Gateway Title has no control over the content and/or services made available by sites that may be linked to or accessed through the Gateway Title web site and disclaims all responsibility and liability for such content and services.
PROPRIETARY RIGHTS
You acknowledge and agree that the web site, any necessary software used in connection with our web site ("Software") and all content contained on our web site ("Content") is owned by Gateway Title, its affiliates, advertisers or licensors and contain or consist of proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by Gateway Title or, as applicable, by its affiliates, suppliers, licensors or advertisers you agree not to copy, modify, rent, lease, sell, distribute or create derivative works based on the web site, Software or any Content contained on or accessed by our site, in whole or in part. You agree not to reverse engineer, de-compile, reverse assemble or otherwise attempt to discover the source code of the Software (or permit or assist any third party in doing so).
The Gateway Title logos, trade names and product and service names contained on the Gateway Title Web site are the trademarks or service marks of Gateway Title, Inc. Without the prior written permission of Gateway Title, Inc., or its appropriate affiliates, you agree not to display or use in any manner such logos, trade names, product names or service names.
All other trademarks and service marks are the property of their respective owners.
Gateway Title Company, a California Corporation, is a wholly owned subsidiary of Gateway Title Company. and is a licensed underwritten title company authorized by the California Insurance Commissioner to conduct the business of title insurance, including the transaction of escrow business, in various counties in California. Gateway Title Company, a California Corporation, is a wholly owned subsidiary of Gateway Title Company. and is licensed to underwrite title insurance in California.
NO FRAMING
Unless you have received specific written permission from Gateway Title Company, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the Gateway Title web site, or (b) alter or modify any content on the Gateway Title web site.
MISCELLANEOUS
This agreement and the resolution of any dispute related to this agreement shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Failure by Gateway Title or its affiliates to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. This agreement constitutes the entire agreement between you and Gateway Title with respect to the subject matter herein, and it replaces all prior or contemporaneous understanding or agreements, written or oral, regarding the Gateway Title web site. If any provision of this agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of this agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this web site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between you and Gateway Title and/or its affiliates, or their licensors, suppliers, employees and agents related to this agreement or your use of this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles County, California.