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AGREEMENT BETWEEN YOU (referred to as the "User" or "You") AND BISMARCK TITLE COMPANY INFORMATION SERVICES CORPORATION AND ITS AFFILIATES (referred to as "Bismarck Title Company")

This web site and any web sites, web pages, and services also operated by Bismarck Title Company that are linked ("Bismarck Title Company Sites") is offered to User on the condition that User accepts and agrees to abide by, without modification, all of the terms, conditions, and notices contained herein (collectively "Terms of Use") and any other terms and guidelines, if any, contained within each Bismarck Title Company Site. If You do not or can not agree with any part of the Terms of Use, You may not use or access the Bismarck Title Company Site. User's use of any Bismarck Title Company Site constitutes User's acceptance of, and agreement to, all such terms, conditions, and notices. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms of Use or such other terms and guidelines contained within any particular Bismarck Title Company Site, then the terms of use and other terms and guidelines for such other Bismarck Title Company Site shall control. User agrees to review all other terms and guidelines found throughout the Bismarck Title Company Sites and abide by them if User chooses to use the sites, pages, or services to which they apply.

OWNERSHIP AND USE LIMITATIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, or other material ("Content") presented to You on the Bismarck Title Company Sites is owned by Bismarck Title Company and various third parties. Nothing contained on the Bismarck Title Company Sites grants User, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of Bismarck Title Company or such other party that may own the Content. Any use of any of the marks appearing throughout the Bismarck Title Company Sites without the express written consent of Bismarck Title Company or the owner of the mark, as appropriate, is strictly prohibited.

User's sole rights of use to the Content are the right to view and print documents and graphics incorporated in the documents from any Bismarck Title Company Site subject to the following: (1) the documents may be used solely for personal and informational purposes and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, User may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any software, product, services, or information from any Bismarck Title Company Site, in whole or in part, without the prior written permission of Bismarck Title Company or the applicable third party. Bismarck Title Company reserves the right to make changes or updates to the Bismarck Title Company Sites or the products or programs described on the Bismarck Title Company Sites at any time without notice.

Bismarck Title Company may not have the right to authorize User to download, publish, or republish any photographs, images, or audio files (the "Graphical Content") accessed through any Bismarck Title Company Site. Bismarck Title Company provides User with the URL or address of the owner or server of all Graphical Content. If User intends to make use of any Graphical Content accessed through any Bismarck Title Company Site for commercial or noncommercial purposes (other than as part of viewing the Bismarck Title Company Sites or in a printed form of the Bismarck Title Company Site) User must contact the server of the Graphical Content for permission to use it. 

LINKS TO THIRD PARTY SITES

Bismarck Title Company has provided links and pointers to Internet sites maintained by third parties. Because Bismarck Title Company has no control over such sites and resources, User acknowledges and agrees that Bismarck Title Company is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any Content, privacy policies, advertising, products, or other materials on or available from such sites or resources. User further acknowledges and agrees that Bismarck Title Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

Bismarck Title Company believes, but does not warrant or represent, that people who make information available on the Web do so with the expectation that such information will be publicly and widely available. Bismarck Title Company also believes, but does not warrant or represent, that making links to publicly accessible Web pages available at this site is legally permissible and consistent with the common, customary expectations of those who make use of the Web communications media.

NO SECURITY REPRESENTATIONS OR WARRANTIES ARE MADE

Bismarck Title Company cannot, and does not, make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) User might be requested to give any third party or that the site is free from viruses or other invasive and potentially damaging programs.

LIABILITY DISCLAIMER

The information, software, products, and services included on any Bismarck Title Company Site or any third party site may include inaccuracies or typographical errors. Changes are periodically made to the information contained at any Bismarck Title Company Site. Bismarck Title Company and/or its respective suppliers may make modifications and/or changes in any Bismarck Title Company Site at any time. Advice received via any Bismarck Title Company Site should not be relied upon for personal, medical, legal, or financial decisions and User should consult an appropriate professional for specific advice tailored to User's situation.

BISMARCK TITLE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON ANY BISMARCK TITLE COMPANY SITE OR ANY THIRD PARTY SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BISMARCK TITLE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BISMARCK TITLE COMPANY MAKES NO WARRANTY THAT (1) ANY BISMARCK TITLE COMPANY SITE WILL MEET USER'S REQUIREMENTS, (2) THE INFORMATION ON ANY BISMARCK TITLE COMPANY SITE WILL BE TIMELY OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH ANY BISMARCK TITLE COMPANY SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN ANY BISMARCK TITLE COMPANY SITE WILL BE CORRECTED.

IN NO EVENT SHALL BISMARCK TITLE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR PERFORMANCE OF ANY BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE; (II) THE DELAY OR INABILITY TO USE ANY BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE; (III) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE; (IV) THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH ANY BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE, OR (IV) ANY BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE OR OTHERWISE ARISING OUT OF THE USE OF ANY BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BISMARCK TITLE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF ANY BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH BISMARCK TITLE COMPANY SITE OR THIRD PARTY SITE.

ACCESS RESTRICTION

Bismarck Title Company reserves the right to deny in its sole discretion any user access to any Bismarck Title Company Site or any portion thereof without notice.

NO UNLAWFUL OR PROHIBITED USE

As a condition of User's access and use of the Bismarck Title Company Sites, User will not use any Bismarck Title Company Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Bismarck Title Company Sites or any services offered through such in any manner that could damage, disable, overburden, or impair any Bismarck Title Company server, or the network(s) connected to any Bismarck Title Company server, or interfere with any other party's use and enjoyment of any of the Bismarck Title Company Sites or services thereunder. User may not attempt to gain unauthorized access to any non-public portion of the Bismarck Title Company Sites for which it is not granted access, through hacking, password mining or any other means. User may not obtain or attempt to obtain access to any materials or information not intentionally made available to the public through the Bismarck Title Company Sites except as authorized by Bismarck Title Company.

FEEDBACK

Bismarck Title Company does not want to receive confidential or proprietary information from User through the Bismarck Title Company Sites unless specifically requested by Bismarck Title Company and on a secure web page. Except where expressly provided otherwise by Bismarck Title Company, all comments, feedback, information, or materials submitted to Bismarck Title Company through or in association with any Bismarck Title Company Site shall be considered non-confidential and Bismarck Title Company's property. By submitting such comments, feedback, information, or materials to Bismarck Title Company, User agrees to a no-charge assignment to Bismarck Title Company of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information. or materials. Bismarck Title Company shall be free to use such comments, feedback, information, or materials on an unrestricted basis.

Bismarck Title Company reserves the right to communicate with registered users at various times through e-mail. Upon registering a new account with Bismarck Title Company, the new account may be automatically signed up to receive various e-mails and other correspondence. Users may, in some instances, indicate preferences for receipt of some of these e-mails.

User represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to agree to these Terms of Use and to use the Bismarck Title Company Sites in accordance with these Terms of Use and all other terms and conditions stated in the Bismarck Title Company Sites. User agrees to be financially responsible for all use of any Bismarck Title Company Site or third party site (as well as for use of User's account by others, including without limitation minors living with User). User agrees not to assign, transfer, or sublicense User's rights pursuant to these Terms of Use. User may allow other members of User's business or household to use any Bismarck Title Company Site or third party site under User's name or account, provided that User hereby agrees to pay all charges that they incur and to be responsible for all other aspects of their usage. User agrees to supervise all usage by minors of any Bismarck Title Company Site under User's name or account.

USE OF INFORMATION

The name, address, and payment information (if applicable) that the User provides via any Bismarck Title Company Site, together with information regarding the manner in which the User uses any Bismarck Title Company Site, will not be processed or disclosed by Bismarck Title Company except as permitted by these Terms of Use and Bismarck Title Company's Privacy Policy. By being a user of any Bismarck Title Company Site, User agrees that Bismarck Title Company may share with other parties both aggregate information, individual information, and Locator information gathered by Bismarck Title Company in the course of the User's continuing use of any Bismarck Title Company Site. "Aggregate information" is information that describes the habits, usage patterns, and/or demographics of users as a group, or as a part of a group, but does not describe or reveal the identity of any user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other. "Locator information" consists of a user's name, e-mail address, physical address, and/or other data about the user that enables the recipient to personally identify the user.

INDEMNITY

As a condition of use of any Bismarck Title Company Site, User agrees to indemnify, protect, defend, and hold Bismarck Title Company and its suppliers harmless from and against any and all liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from: (a) User's use of any Bismarck Title Company Site or (b) User's customers or others accessing or using any Bismarck Title Company Site by, through, or under User, including without limitation any claims alleging facts that if true would constitute a breach by User of these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Bismarck Title Company reserves the right to change these Terms of Use at any time by revising the terms and conditions herein. All changes to these Terms of Use and the Bismarck Title Company Sites shall be effective immediately. User is responsible for regularly reviewing these Terms of Use. Continued use of any Bismarck Title Company Site following any such changes shall constitute the User's acceptance of such changes.

USE OF ONLINE WEB COMMUNITIES

If any Bismarck Title Company Site contains bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities (collectively, "Communities"), User agrees to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agrees that when using a Community, User shall not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or has received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell any goods or services for any commercial purpose.

  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.

  • Download any file posted by another user of a Forum that User knows, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communities.

Bismarck Title Company reserves the right to terminate User's access to any or all of the Communities, at any time, without notice for any reason whatsoever.

Bismarck Title Company has no obligation to monitor the Communities. However, Bismarck Title Company 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 information or materials, in whole or in part, in Bismarck Title Company's sole discretion.

User acknowledges that all Communities are public and not private communications; therefore, User's communications may be read by others without User's knowledge. Always use caution when giving out any personally identifying information about User or User's children in any Community. Bismarck Title Company does not control or endorse the content, messages or information found in any Community and, therefore, Bismarck Title Company specifically disclaims any liability with regard to the Communities and any actions resulting from User's participation in any Community. Forum managers and hosts are not authorized Bismarck Title Company spokespersons, and their views do not necessarily reflect those of Bismarck Title Company.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through any Bismarck Title Company Site, User is granting Bismarck Title Company permission to:

  1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication; and

  2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use any Bismarck Title Company Site only as permitted by these Terms of Use, any additional policies or procedures published in any Bismarck Title Company Site from time to time by Bismarck Title Company, and in accordance with applicable law.

Bismarck Title Company reserves the right for any reason to remove without notice any contents of any Bismarck Title Company Site received from User, including without limitation bulletin board postings. Bismarck Title Company reserves the right to deny, in its sole discretion, User access to any Bismarck Title Company Site or any portion thereof without notice. Bismarck Title Company reserves the right to edit any notices or postings for clarity and length.

User acknowledges that chats, conferences, bulletin boards, and any other such communications forums hosted by any Bismarck Title Company Site are public and not private communications. Further, User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Bismarck Title Company, and such communications shall not be considered reviewed, screened, or approved by Bismarck Title Company.

SUBSCRIPTION BASED CONTENT

Some contents and/or services on a Bismarck Title Company Site may be offered to User conditioned on User's payment of subscription fees. If User elects to purchase subscription based content/services and transmits to Bismarck Title Company a subscription purchase request, User warrants that all information that User submits is true and accurate (including without limitation User's credit card number and expiration date), and User agrees to pay all subscription fees User incurs. Like all Web publications, those accessed through any Bismarck Title Company Site may be temporarily unavailable from time to time due to required maintenance, failures, telecommunications interruptions, or other disruptions. Although Bismarck Title Company makes reasonable efforts to minimize such downtime, Bismarck Title Company does not guarantee 100% availability of any site whatsoever. If User wishes to cancel User's subscription for any reason, User may do so through the Subscription Services feature of the appropriate web site, but there shall be no refunds of subscription fees previously paid.

User's subscription is personal to User and the members of User's household, and User may not transfer or make available User's account name and password to others, including without limitation User's co-workers. Any distribution by User of User's account name and password may result in cancellation of User's subscription without refund and additional charges based on unauthorized use.

SOFTWARE AVAILABLE ON THIS WEB SITE

Software (if any) that is made available to download from any Bismarck Title Company Site ("Software") is the copyrighted work of Bismarck Title Company Title Guaranty Company, its affiliates, and/or its suppliers. User's use of the Software is governed by the terms of an end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). User may not install or use any Software that is accompanied by or includes a License Agreement unless User first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, Bismarck Title Company hereby grants to User, a personal, non-transferable license to use the Software for viewing and otherwise using any Bismarck Title Company Site in accordance with these Terms of Use, and for no other purpose provided that User keeps intact all copyright and other proprietary notices. Please note that all Software, including without limitation all HTML code and ActiveX controls contained in any Bismarck Title Company Site, is owned by Bismarck Title Company, its affiliates, and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software, without the express consent of the copyright owner, is expressly prohibited by law, and may result in severe civil and criminal penalties.

Violators may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. User acknowledges that the Software, and any accompanying documentation and/or technical information, are subject to applicable export control laws and regulations of the USA. User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

RESTRICTED RIGHTS LEGEND.

Any Software, which is downloaded from any Bismarck Title Company Site for or on behalf of the United States of America, its agencies, and/or instrumentality ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in sub paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub paragraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Bismarck Title Company , 207 S. Washington Street Bismarck, ND 58504.

GENERAL

Bismarck Title Company reserves the right to make any and all changes or discontinue the availability of any Bismarck Title Company Site at its sole discretion without notice to User. Bismarck Title Company reserves the right to deny access to any Bismarck Title Company Site to anyone at anytime. User agrees that Bismarck Title Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of any Bismarck Title Company Site unless specifically stated in a written agreement with Bismarck Title Company.

User's access to and use of the Bismarck Title Company Sites is governed by the laws of the State of Texas, U.S.A. User consents to the exclusive jurisdiction and venue of courts in Harris County, Texas, U.S.A., in all disputes arising out of or relating to the use of the Bismarck Title Company Sites. Use of the Bismarck Title Company Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Bismarck Title Company as a result of this Terms of Use or use of any Bismarck Title Company Site. User agrees not to hold himself or herself out as a representative, agent, or employee of Bismarck Title Company and Bismarck Title Company shall not be liable for any representation, act, or omission of the User.

Bismarck Title Company's obligations under these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use is in derogation of Bismarck Title Company's right to comply with law enforcement requests or requirements relating to the User's use of any Bismarck Title Company Site or any information provided to or gathered by Bismarck Title Company with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between the User and Bismarck Title Company with respect to the Bismarck Title Company Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Bismarck Title Company with respect to the Bismarck Title Company Sites, unless specifically subject to a written agreement between Bismarck Title Company and User. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Bismarck Title Company Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SERVICE CONTACT

Contact webmaster@Bismarck Title Company.com with questions or problems with any Bismarck Title Company Site. Please provide the webmaster with information, including the "URL" about the specific Bismarck Title Company Sites of which you are inquiring.

FOR INFORMATION REGARDING THE BISMARCK TITLE COMPANY  PRIVACY STATEMENT, CLICK HERE

Bismarck Title Company, Bismarck Title Company Title, and other names of Bismarck Title Company products and/or services referenced herein are service marks, trademarks or registered trademarks of Bismarck Title Company Title Guaranty Company or its affiliated entities. Other product and company names mentioned herein may be the trademarks of their respective owners. User's use of any Bismarck Title Company Site in no way authorizes User to use any Bismarck Title Company name, trademark or logo.