PROPOSED FOREMOST PORTAL TERMS AND CONDITIONS
Terms and Conditions of Use Policy
Foremost Title and Escrow Services LLC
Introduction and Acceptance
Unless otherwise agreed to in writing by Foremost Title and Escrow Services LLC (“Foremost”), by using the website and portal of Foremost, you agree to the following Terms and Conditions of Use Policy without limitation or qualification. Please read these terms and conditions carefully before using Foremost’s website or portals. If you do not agree with the Terms and Conditions of Use Policy, you are not granted permission to use Foremost’s website and portals. All references in this Terms and Conditions of Use Policy to “we,” “us,” or “our” shall refer to Foremost and its affiliates and subsidiaries. All references in this Terms and Conditions of Use Policy to “you” or “your” shall refer to the users of Foremost’s website and portals.
Exclusions and Warranties and Limitations of Liability
Foremost’s website and portals are provided by Foremost as a convenience to our clients on an “as is” and “as available” basis. Foremost makes no representations or warranties of any kind, express or implied, as to the operation of Foremost’s website or portals or the information, content, materials, or services included thereon, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Any checklists and/or deadlines stated in regard to your particular transaction are provided for convenience only and should not be relied upon as your transaction is governed by the contractual documents that you entered into. It is your responsibility to ensure compliance with all transactional documents and Foremost, to the fullest extent allowable by law, disclaims any liability therefor. Foremost does not warrant that Foremost’s website or portals, its servers, or email sent from Foremost are free of viruses or other harmful components. Foremost will not be liable for any damagesof any kind arising from the use of, or inability to use, Foremost’s website or portals, including, but notlimited to, direct, indirect, incidental, punitive, and consequential damages, whether in contract, tort, or otherwise.
General Use of the Website and Portal
- In order to access certain features of Foremost’s website and portals, you may be required to provide information about yourself (such as identification or contract details) as part of the registration process, including to obtain a Foremost account to access certain sections of the website and portal, or as part of your continued use of such website or portals. You agree that any registration information you give to Foremost will always be accurate, correct and up to date.
- You agree to use Foremost’s website and portal only for purposes that are permitted by (a) this Terms and Conditions of Use Policy, and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from United States or other relevant countries).
- You agree not to access (or attempt to access) Foremost’s website or portal by any means other than through the interface that is provided by Foremost. You specifically agree not to access (or attempt to access) any part of Foremost’s website or portal through any automated means (including use of scripts or web crawlers) and shall ensure you comply with the instructions set out in any robots.txt file present on such website or portal.
- You agree that you will not engage in any activity that interferes with or disrupts Foremost’s website or portal (or the servers and networks which are connected to such website or portal).
- You agree you will not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, modify, sell, trade, or resell Foremost’s website or portal, or any portion, feature, or content thereof, for any purpose; provided that you may download one copy of the materials on Foremost’s website or portal on any single computer for your non-commercial use only and you may print one copy of the materials on Foremost’s website or portal for your non-commercial use only; further provided that you keep intact all copyright and other proprietary notices on any such downloaded or printed materials.
- You agree that you are solely responsible for (and that Foremost has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions of Use Policy and for the consequences (including any loss or damage which Foremost may suffer) of any such breach.
- You must be 18 years or older to use Foremost’s website or portal.
- You must be a human. Foremost accounts registered by “bots” or other automated methods are not permitted.
- You agree and understand that you are responsible for maintaining the confidentiality and security of your Foremost account and password, if any and you are not permitted to disclose such confidential information. Foremost cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree that you will be solely responsible to Foremost for all activities that occur under your Foremost account.
- If you become aware of any unauthorized use of your Foremost account or password, you agree to notify Foremost immediately.
- We reserve the right to modify or discontinue, temporarily or permanently, your access to Foremost’s website or portal, or your Foremost account with or without notice.
Comments, Communications and Other Content
Certain features within Foremost’s website or portal may allow you to post comments, send emails and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, “Commenting”). You agree, understand and represent that all of your Commenting: (i) is accurate; (ii) is owned or otherwise controlled by you; (iii) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties; and (iv) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Commenting. Foremost reserves the right (but not the obligation) to monitor and edit or remove any Commenting activity or content. If you do post Commenting content or submit Commenting material, you grant Foremost a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Commenting content throughout the world in any media, including the right to use the name that you submit in connection with such Commenting. Foremost takes no responsibility and assumes no liability for any Commenting content posted by you or any third party.
Foremost’s website and portal may be linked to other websites not maintained by us. We do not control and are not responsible for the content of and policies governing use of those websites not maintained by us. The inclusion of any link to such website does not imply approval of or endorsement by us of the website or the content thereof.
Ownership, Copyright and Trademark
All content included on Foremost’s website and portal, such as trademarks, service marks, trade names, text, graphics, logos, icons, button icons, images, data compilations, domain names, and software, is the property of Foremost or its content suppliers or used with permission. The compilation of all content on this site is the exclusive property of Foremost and may be protected by U.S. and international copyright laws. All software used on this site is the property of Foremost or their software suppliers and may be protected by United States and international copyright laws. Nothing on this site should be construed as granting any license or right to use or ownership of such content or software.
Copyright and Trademark Complaints
Foremost respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement on Foremost’s website or portals, please notify us immediately by phone at (305) 935-4440 or by mail at Foremost Title and Escrow Services, 18851 NE 29th Ave, Suite 1005, Aventura, FL 33180 USA.
Foremost does not provide the technologies used to build the website or portal, and therefore, neither recommends nor endorses the same. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. Foremost hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual property interests of third parties.
Applicable Law, Jurisdiction, Venue and Attorneys’ Fees and Costs
By visiting Foremost’s website or portal, you agree that the laws of the state of Florida, and of the United States of America, to the extent to which it preempts or supplements Florida law without regard to principles of conflict of laws, will govern this Terms and Conditions of Use Policy and any dispute of any sort that might arise between you and Foremost regarding such Policy. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the State of Florida sitting in Miami-Dade County, Florida and of the United States District Court for the Southern District of Florida shall be the exclusive venue for any actions, suits or proceedings arising out of or relating to this Policy and the transactions contemplated hereby and you agree not to commence any action, suit or proceeding relating thereto except in such courts. You irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this Policy or the transactions contemplated hereby in such courts, and irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any action, suit or proceeding brought in any such court has been brought in an inconvenient forum. In the event of any dispute or legal proceeding between you and Foremost arising out of or in any way related to this Policy, the use of the Foremost website or portal, or any documents or any relationship between you and Foremost, the prevailing party shall be entitled to its reasonable attorneys’ fees and court costs, which shall include attorneys’ fees incurred litigating the amount of attorneys’ fees to which said prevailing party may be entitled.
Changes to the Terms
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Terms and Conditions of Use Policy without prior notice. Modification shall become effective immediately upon being posted on our website and portal. Your continued use of the website and portal after modifications are posted constitutes an acknowledgement and acceptance of the Terms and Conditions of Use Policy and its modifications.
February 9, 2018
How to Contact Us
Any questions about this Terms and Conditions of Use Policy should be addressed to firstname.lastname@example.org or by email at: Foremost Title & Escrow Services, 18851 NE 29th Ave, Suite 1005, Aventura, FL 33180USA.