TERMS OF USE AGREEMENT TitlePartner.com TERMS OF USE AGREEMENT, between you, referred to herein as the ﾓUserﾔ or ﾓYouﾔ, and Kasparnet, LLC, owner and operator of TITLEPARTNER.COM, referred to herein as ﾓKasparnet.ﾔ Welcome Welcome to TitlePartner.com! In order to access and use this site, you must agree to follow and be absolutely bound, without limitation or qualification, by all of the terms and conditions of this User Agreement. Please read this document carefully. Change of Terms and Conditions of the User Agreement The terms and conditions of this User Agreement are subject to change at any time, without notice. The TitlePartner.com site will always contain a link to enable viewing of the most current version of the User Agreement. By accessing and utilizing this site, you hereby expressly agree to accept all of the terms and conditions of the most current User Agreement. Corrections and Modifications Kasparnet is under no obligation to update, correct, or otherwise modify any information contained or residing in, or transmitted to, the TitlePartner.com site. While every reasonable effort is made, in good faith, to ensure that the information presented and contained in this site is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained in the TitlePartner.com site may also become outdated. Some of the information contained in this site is pulled from third party sources, the content and accuracy of which is relied upon by Kasparnet. System Integrity You shall not use any device, software, or application to interfere with or attempt to interfere with the proper operation and working of this site, nor shall you take any action which imposes any unreasonably large load on the system infrastructure. All information provided by you with regard to your identity shall be true, complete and accurate. You are solely responsible for maintaining the confidentiality of any password and any and all information contained in, or activities which occur from, your account(s), and you shall immediately notify Kasparnet if you become aware of any loss, theft, or unauthorized use of your password(s) or account(s). Unless expressly authorized by Kasparnet in writing prior thereto, you further agree not to access or attempt to access any areas of or through the site that are not expressly intended for public access. Consent to Monitoring and Disclosure Kasparnet is under no obligation to monitor the information residing in, or transmitted to, the TitlePartner.com site. However, Kasparnet may monitor the site to (1) comply with any applicable laws, regulations, or governmental ordinances or (2) in its sole discretion, operate this site in a manner it deems proper or to protect against conduct it deems inappropriate. Kasparnet shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to its site that it, in its sole discretion, believes to be unacceptable or inconsistent with the terms and conditions contained herein, or contrary to local, state, or federal law. To the extent that Kasparnet receives information or materials through this site, including but not limited to feedback, data, answers, comments, suggestions, plans, requests, ideas, or the like, such information or material shall be deemed to be non-confidential. Kasparnet is under no obligation to protect such information from disclosure. The submission of information or materials to TitlePartner.com through the use of this site shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Kasparnet for any reason whatsoever. In addition, Kasparnet shall have the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, create derivative works from, and/or publicly display and perform, any information or materials submitted by visitors and/or users through TitlePartner.com. Termination of Access Kasparnet reserves the right, in its sole and absolute discretion, to terminate your access to the TitlePartner.com site for any reason whatsoever, including but not limited to any interference with the proper working of this site, the misrepresentation of your identity, the unauthorized use of your password(s) or account(s), any violation of applicable local, state or federal law, or any other breach of this Terms of Use Agreement. Financial Information/Forward Looking Statements This site may contain forward-looking statements. These statements are based upon current expectations as of the date of such statement. Actual results may differ materially from those projected because of the number of risks and uncertainties. In light of these uncertainties, and assumptions, the forward-looking events discussed might not occur or may not occur in the expected manner or timeframe. Browser Policy Kasparnet is cognizant of the varied operating systems and Internet browsers visitors to TitlePartner.com may be employing. While Kasparnet desires that every visitor has the best possible experience in visiting this site, it recognizes that it is not possible to design and develop applications that will operate effectively, efficiently and identically with all browsers. Therefore, TitlePartner.comﾒs applications are designed and intended to work optimally with the most recent version of Microsoftﾮ Internet Explorer. Kasparnet has designed and tested the applications of TitlePartner.com to operate properly, although some applications may not perform or present as well when used with other browsers. ﾓMicrosoftﾔ is a registered trademark of Microsoft Corporation. Copyright and Trademark Notice Unless otherwise expressly stated, the contents of the TitlePartner.com site, including but not limited to all design, text, graphics, images, software, sounds, names, logos, trademarks, service marks and/or patented material (collectively, ﾓprotected propertyﾔ) are the property of the applicable owners thereof, and are protected by U.S. and international copyright, trademark, patent and other laws. TitlePartner.comﾒs licensors hereby expressly reserve and retain all trademark/service mark and all other proprietary rights in and to all such protected property contained on this website. The TitlePartner.com name and logo may not be used without the express prior, written consent of Kasparnet. Userﾒs use of this website in no way and under no circumstances authorizes User to use the TitlePartner.com name or logo. Limited Permission to Copy You, as user and account holder, are permitted to print or download extracts from these pages for commercial use in conjunction with a specific transaction with one of this siteﾒs vendors, only. Any copies of these pages saved to disks or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for such specific use described above. You shall neither print for distribution nor photocopy any of these pages. You shall not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this website. No part of the TitlePartner.com site may be reproduced or transmitted to or stored in any other website, nor may any of its pages or any part thereof be disseminated in any electronic or non-electronic form whatsoever, nor included in any public or private electronic retrieval system or service without the prior, written permission of Kasparnet. Charges Kasparnet shall charge fees for the use of this site for each transmittal of an order to one of its vendors (ﾓTransaction Feesﾔ). There shall be no Transaction Fees assessed for orders placed via this site for title research or production services to be performed by Kasparnet except for those fees which are included on the Kasparnet Schedule of Fees and Service Terms, which is available upon request. By your use of this site, you hereby expressly agree to pay all Transaction Fees incurred by you through your use of this site. Transaction Fees shall be billed to account holders and subscribers to this site on a monthly basis. Subscription fees for database access to County Requirements and County News Flash shall be billed according to the terms of the TitlePartner.com Account Application and Agreement. Kasparnet may adjust or modify the schedule of Transaction Fees or other terms contained herein from time to time, as deemed necessary and appropriate. Kasparnet shall not be responsible for payment of any charges incurred by any customer(s) for services ordered from one of its vendors. Kasparnet reserves the right to charge subscription or membership fees in respect of any part or aspect of this site, and to make any changes, adjustments or modifications thereto, upon reasonable prior notice. Current Fees: Transmission Fees Transmission of vendor order via fax = $1.50 Transmission of vendor order via email = $1.00 Transmission of vendor order via verbal = $3.00 Transmission Fees include the original order placement with each vendor as specified by the user and any follow-up transmissions sent to the user via email or fax. Subsequent verbal transmissions are not included in the Transaction Fees. Disclaimer and Limitation of Liability THE TITLEPARTNER.COM SITE IS PROVIDED ﾓAS ISﾔ AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KASPARNET DOES NOT WARRANT THAT (1) THE INFORMATION VIEWED AT OR REPORTED ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE, (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (3) ANY DEFECTS WILL BE CORRECTED, OR (4) THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. KASPARNET SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND WILL NOT BE LIABLE IN ANY WAY FOR THE DOCUMENTS, CONTENTS, INFORMATION, MATERIAL, PRODUCTS, OR SERVICES CONTAINED IN THE TITLEPARTNER.COM SITE OR IN ANY THIRD PARTY SITE TO WHICH TITLEPARTNER.COM PROVIDES A LINK FROM ITS SITE FOR THE CONVENIENCE AND INFORMATION OF ITS USERS. KASPARNET WILL NOT BE LIABLE FOR ANY ERRORS AND OMISSIONS CONTAINED IN SUCH DOCUMENTS, CONTENTS, INFORMATION, MATERIAL, PRODUCTS, OR SERVICES. KASPARNET SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE UNAVAILABILITY OF TITLEPARTNER.COM DUE TO POWER FAILURES, MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, DISASTER, ACTS OF GOD, OR FOR ANY CAUSES BEYOND ITS CONTROL. KASPARNET WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR INTERRUPTIONS OF BUSINESS, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE INCURRED BY USERS OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, ARISING FROM ACCESS TO OR USE OF THIS SITE, EVEN IF KASPARNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KASPARNET WILL NOT BE LIABLE FOR THE MISUSE OF THE INFORMATION POSTED OR DISSEMINATED ON TITLEPARTNER.COM IN ANY FORM, NOR SHALL IT BE LIABLE FOR THE MISUSE OR MISAPPROPRIATION OF DESIGNATED PASSWORDS OR ALLOWANCE OF ILLEGAL ACCESS TO THE TITLEPARTNER.COM SITE OR TO REPORTS GENERATED FROM THE USE THEROF. MUCH OF THE DATA AND INFORMATION RESIDING IN OR TRANSMITTED TO TITLEPARTNER.COM IS THE PRODUCT OF VARIOUS GOVERNMENTAL AGENCIES AND VENDORS, NONE OF WHICH ARE UNDER THE DIRECTION OR CONTROL OF KASPARNET. KASPARNET THEREFORE CANNOT AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH DATA AND INFORMATION. Indemnification You, the User, hereby agree to defend, indemnify and hold absolutely harmless Kasparnet from and against any and all claims, direct, incidental, special, consequential or exemplary damages, losses, liabilities, and all costs and expenses, including, but not limited to any and all attorneysﾒ fees, arising directly or indirectly from your violation of this User Agreement or of any third partyﾒs rights, including but not limited to infringement of any patent or copyright, violation of any proprietary rights, theft of intellectual property, and/or invasion of any privacy rights. General Provisions Any provision of this User Agreement that is prohibited by law, or is unlawful or unenforceable under applicable law, shall be ineffective only to the extent of such prohibition, and same shall not invalidate the remaining provisions of this User Agreement. This User Agreement and all matters relating to the use of and access to this site shall be governed by all respects by the laws of the State of Ohio and the United States of America. No failure of Kasparnet to insist upon strict performance of the terms or conditions of this User Agreement or as otherwise set forth in TitlePartner.com or as required by Kasparnet (ﾓTerms of Use Agreementﾔ) and no failure of Kasparnet to exercise any right or remedy available upon any breach of said terms or conditions shall constitute a waiver of any such breach or of any such terms or conditions. Information about the User contained on the TitlePartner.com site is subject to our Privacy Policy. Kasparnet claims all rights and interest in and to the use of the name, TitlePartner.com. Other products and company names mentioned herein may be the trademarks of their respective owners. All contents of this website are copyright ﾩ 2003 Kasparnet, LLC, 323 South Court Street, Suite 200, Medina, Ohio, 44256, USA. All rights reserved. I HAVE READ, FULLY UNDERSTAND, AGREE TO AND ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE AND I AGREE TO BE BOUND BY AND ACCEPT SAID TERMS AND CONDITIONS IN THEIR ENTIRETY AS A CONDITION TO UTILIZE TITLEPARTNER.COM.