Welcome to AllianceTitle.com, the web site (“Site”) of Alliance Title & Escrow
Corporation (“Alliance Title”). Please read these terms and conditions for use prior
to using this site. By accessing, browsing, and/or using this Site, you acknowledge
that you have read, understood and agree to be bound by the following terms and
conditions for use (the “Terms and Conditions for Use” or this “Agreement”), which
may be updated from time to time without prior notice to you.
Description of Services. The Site provides you with access to a variety of
resources, including online calculators, e-commerce transactions, industry news,
electronic-based information such as plat maps, subdivision “covenants, codes, and
restrictions” (“CC&Rs”) and other documents, as well as other helpful services.
Intellectual Property Rights. The services, documents, and all other material
available on the Site, including all text, software (including source and object
codes), visual, audio or digital material, advice, information, data and other content
of any description included in or relating to the Site (collectively, the "Content”)
are protected by worldwide copyright laws and treaty provisions, and republication
and redistribution of the Content are expressly prohibited. All Content, and all
worldwide copyrights, trade marks, service marks, patents, patent registration rights,
trade secrets, know-how, database rights and other rights in or relating to the
Content (collectively, the “Intellectual Property”) are owned or licensed by Alliance
Title.
Personal And Non-Commercial Use Limitation. Unless otherwise specified, the
Content is for your personal and non-commercial use only. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or services obtained
from the Content.
Plat Maps and CC&Rs. Without limiting the foregoing restrictions on use
of Content, it is specifically agreed that the plat maps & CCR’s are made available
for download solely for use by end users. License to use the plat maps & CCR’s
is granted, provided that (1) such documents are used for informational and non-commercial
or personal purposes only and will not be copied or posted on any network computer
or broadcast in any media, and (2) no modifications of any plat maps & CCR’s
will be made. Any reproduction or redistribution of plat maps & CCR’s not in
accordance with this Agreement is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible. NO WARRANTY IS MADE CONCERNING THE ACCURACY OR COMPLETENESS OF
ANY PLAT MAP, CC&R, OR OTHER DOCUMENT DOWNLOADED FROM THE SITE.
Restrictive Covenants. It is the express policy of Alliance Title to remove
from any instrument affecting the ownership or use of real property any restrictive
covenant based upon race, color, religion, sex, handicap, familial status, or national
origin, prior to providing a copy of such instrument in connection with a policy
of, or commitment for, title insurance. Because the Site may provide users with
direct access to title records in their originally-recorded form, Alliance Title
cannot guarantee that such restrictive covenants will have been deleted from all
materials downloaded from the Site and such documents obtained from the Site will
not be deemed to have been provided by Alliance Title within the meaning of the
federal Fair Housing Act. A paper copy of any such instrument with such restrictive
covenant omitted may be obtained without charge by contacting any Alliance Title
customer service representative. In any event, no policy of title insurance issued
by Alliance Title will contain an exception to coverage based upon such restrictive
covenants.
Member Account, Password, And Security. You may be required to open an account
to access some portion of the Content. If so, you must complete the registration
process by providing us with current, complete and accurate information as prompted
by the applicable registration form. You also will choose a password and a user
name. You are entirely responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify Alliance Title immediately of
any unauthorized use of your account or any other breach of security. Alliance Title
will not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by Alliance Title or another party due to someone
else using your account or password. You may not use anyone else's account at any
time, without the permission of the account holder.
No Unlawful Or Prohibited Use. As a condition of your use of the Site, you
will not use the Site or Content for any purpose that is unlawful or prohibited
by these Terms and Conditions for Use. You may not use the Site or Content in any
manner that could damage, disable, overburden, or impair any Alliance Title server,
or the network(s) connected to any Alliance Title server, or interfere with any
other party's use and enjoyment of the Site. You may not attempt to gain unauthorized
access to Site, other accounts, computer systems or networks connected to any Alliance
Title server or to any of the Content, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Site.
Disclaimer. The Site and Content may contain inaccuracies and typographical
errors. Alliance Title does not warrant or make any representation that the Site
or the information presented thereon will be error-free or uninterrupted, that defects
will be corrected or that the Site will be free of viruses or other harmful components.
Alliance Title does not warrant or make any representation regarding the results
obtained as a result of your use of the materials on the Site, including, but not
limited to, accuracy, timeliness or responsiveness of such results. THE SITE AND
ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESSED
OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALLIANCE
TITLE DISCLAIMS ALL WARRANTIES (EITHER EXPRESSED OR IMPLIED), INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR
A PARTICULAR PURPOSE.
Limitation of Liability. Neither Alliance Title nor any of its licensors
or suppliers shall be liable for any direct, indirect, incidental, special, exemplary,
consequential, punitive or other damages arising out of or related to the Site or
the Intellectual Property therein, including, without limitation, relating to computer
viruses; your use or inability to use the Site; any error, inaccuracy, omission
or defect in the Site or the Content; losses of any kind from the failed operation
of the Site; or any unauthorized access, theft or breach of security with respect
to any data, material or other information stored in connection with the Site. YOU
UNDERSTAND THAT IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT PROVIDED THROUGH
THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Linking. This Site may, from time to time, provide links or references to
other sites (“Linked Sites”). If you use or visit any Linked Site, you will leave
this Site. If you decide to visit any Linked Site, you do so at your own risk and
it is your responsibility to take all protective measures to guard against viruses
or other destructive elements. Alliance Title assumes no responsibility for the
content of such Linked Sites and will not be liable for any damages or injury arising
from that content. Any links to other sites are provided merely as a convenience
to the users of this Site. Alliance Title does not regularly review materials posted
on the sites to which it is linked, and Alliance Title does not necessarily endorse
all of the materials appearing on such linked sites. Any decision to view any of
the linked sites is at the viewer's own risk.
Jurisdiction. This Site is operated by Alliance Title from its offices in
Boise, Idaho. This Agreement will be governed by and construed in accordance with
the laws of the State of Idaho, without regard to any provision of Idaho law that
would require or permit the application of the substantive law of any other jurisdiction.
You agree that any action at law or in equity arising out of or relating to this
Agreement will be filed only in courts located in Ada County, Idaho and hereby consent
to the personal jurisdiction of such courts.
Term and Termination. Alliance Title may terminate or suspend your access
to the Site immediately, without prior notice or liability, upon any breach of the
terms or conditions of this Agreement by you. All provisions of this Agreement which
by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, and limitations
of liability.
Changes in These Terms. These terms may be changed from time to time in Alliance
Title’s discretion. It is your responsibility to regularly review these terms and
conditions as posted on the Site for changes. Your continued use of the Site after
any such changes constitutes your acceptance of the new terms. These terms and conditions
are current as of November 29, 2005. If you do not agree to abide by these or any
future terms, do not use the Site.
Miscellaneous. This Agreement constitutes the entire agreement between Alliance
Title and you with respect this Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and Alliance Title with respect to the Site. Any failure by Alliance Title to exercise
in any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder. If any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect
and enforceable.
Copyright © 2006 Alliance Title & Escrow Corporation, 380 Parkcenter Blvd, Suite
105, Boise, Idaho 83706 U.S.A. All rights reserved.