BTC owns the Site. Your use gives you no ownership rights to any content in the site. The “Site” includes, but is not limited to, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content (collectively, “Content”).
Any unauthorized use terminates any permission or license granted by BTC.
BTC grants you limited permission to use portions of the Site for personal, informational and non-commercial purposes, but only if (1) you do not change or delete the content, or any proprietary notices from linked, downloaded or printed materials; (2) you do not copy or post the Site content on any networked computer or broadcast it in any media; and (3) you do not make any representations or warranties relating to your use of the Site content.
Apart from this limited permission for personal, informational and non-commercial use, any other use is strictly prohibited, unless expressly and specifically authorized by BTC in writing in advance. You may not reproduce, republish, upload, post, display, encode, translate, or otherwise use the contents of the Site.
The Site and its Content are delivered on an “as-is” and “as-available” basis. The Content should not be construed as legal, tax, accounting or any other professional advice or service. You should not send any confidential information to BTC until you have received agreement from us to perform the services you request.
Access to and Use of the Site
You may not obtain access to the Site, or BTC’s services, programs, or products through false or misleading information.
If you have an account or portal access, you may not permit another person to access the Site using your account or password.
You may not directly or indirectly sell, transfer, solicit, or advertise any services, products, or information using the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any BTC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not use the Site to obtain materials or information not purposely made available through the Site. These prohibited uses include any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm, methodology, or process.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not seek, search, obtain, reveal, disclose, or exploit BTC proprietary information or any personal information, other than your own personal information, from the Site or any network connected to the Site, through reverse look-up, trace or any other method.
You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BTC’s systems or networks, or any systems or networks connected to the Site or to BTC.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BTC on or through the Site or any service offered on or through the Site.
You may not engage in any other activity that BTC determines, in its sole discretion, adversely affects the use and enjoyment of the Site.
You agree that BTC may, in its sole discretion and without prior notice, terminate your access to the Site because of (1) requests by law enforcement or other government agencies; (2) a request by you (for example, self-initiated account deletions); (3) discontinuance or material modification of the Site or any service offered on or through the Site; (4) unexpected technical issues or problems, or (5) any other reason requiring such action in BTC’s sole discretion.
BTC may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site, or both;
If your violation will cause irreparable harm to BTC, for which monetary damages would be inadequate, you consent to BTC obtaining any injunctive or equitable relief that BTC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BTC may have at law or in equity.
The BTC Logo and Other Symbols
Use of the BTC name, logo, trademarks, or other proprietary information such as the pictures taken from the Site (whether as images, text, page layout, or other format) without written permission of the BTC is strictly prohibited.
Without the prior, express written consent of BTC, you may not: (1) frame or use framing techniques to enclose the BTC name, logo, trademarks, or other proprietary information; (2) use any meta tags or any other “hidden text” using BTC’s name, logo, trademarks, or other proprietary information; or (3) use or create any link to a website that includes the BTC name, logo, trademarks, or other proprietary information.
Disclaimer of Warranties and Liability
The Site and its content are delivered on an “as-is” and “as-available” basis, and are subject to change without notice. You assume total responsibility for your use of the Site and any linked sites.
BTC reserves the right at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
BTC does not promise that the Site or any content, service, or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results.
BTC does not warrant that any files or other data you download from the Site will be free of viruses or contamination or destructive features.
BTC DISCLAIMS ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH OR RELATED TO USE OF THE SITE AND/OR ANY BTC SERVICES.
BTC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO USE OF THE SITE AND/OR ANY BTC SERVICES, INCLUDING BUT NOT LIMITED TO CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
BTC DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE AND/OR ANY BTC SERVICES.
THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY, OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
BY ACCESSING THE SITE OR BTC SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability
Except where prohibited by law, BTC will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BTC has been advised of the possibility of such damages.
Copyrights and Trademarks
BTC respects intellectual property and expects the users and visitors to the Site to do the same. BTC will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe BTC’s Web site infringes your copyright, please provide the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed.
• A description of the copyrighted work that you believe has been infringed.
• The location on the Web site of this allegedly infringed material.
• Your address, telephone number, and e-mail address and any other pertinent information sufficient to allow BTC to contact you.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should be directed to:
By mail: Benchmark Title Company, LLC
1124 Hartman Lane
Shiloh, IL 62221
By e-mail: email@example.com , firstname.lastname@example.org OR email@example.com
(Please include “notice of infringement” in the subject line.)
The names of third party companies, products, and services contained on the Site may be the trademarks of their respective owners. Any trademark rights not expressly granted herein are reserved.
Governing Law and Agreed Venue
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. Any such matters that cannot be settled through alternative dispute resolution will be resolved in St. Louis County state court or federal court in St. Louis, Missouri. You agree to and waive any objection to the personal jurisdiction or venue of these courts as stated in this paragraph.
Time Limit for Claims
Void Where Prohibited
BTC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you agree to the transfer of your information to or within the United States.
If you have any questions about BTC’s Privacy Statement, please contact us via email us at firstname.lastname@example.org , email@example.com or firstname.lastname@example.org or by mail at Benchmark Title Company, LLC, 1124 Hartman Lane, Shiloh, IL 62221.
(Effective July 2015)