Access to the site
There are portions of this Site that we make available to visitors without the need to register. Other features may require you to register within the Site and provide certain information regarding yourself (i.e. username and password).
Any user identification that we provide to you in connection with your use of this Site is personal to you and you may not allow any other person to use such identification under any circumstances. Fee Simple Escrow is not liable for any harm caused or related to the theft or misappropriation or unauthorized disclosure of any or all of your user identification associated with this Site. You agree to immediately notify FESI if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user identification.
Fee Simple Escrow reserves the right to deny, in its sole discretion, any user access to this Site or any portion thereof without notice of any kind.
As a condition to your access and use of this Site, you will not:
- use this Site in any manner that could damage, disable, overburden or impair the Site's functionality
- use this Site in any manner that could interfere with any other party’s use or enjoyment of this Site
- alter or modify any part of this Site
- attempt to gain unauthorized access to any non-public portion of this Site
- attempt to obtain access to any materials or information not intentionally made available to the public
- use this Site or any of the services offered through this Site for any commercial purposes
Links to 3rd party websites
This Site may contain links to third party websites that are not owned or controlled by Fee Simple Escrow (the “Third Party Sites”). Fee Simple Escrow has no control over, and therefore assumes no responsibility for and does not endorse, the content, privacy policies or practices of any Third Party Sites or the products or services made available through such websites. You acknowledge and agree that Fee Simple Escrow will not be responsible or liable, directly or indirectly, for any damage or loss you may suffer in connection with the use of or reliance on the content, privacy policies or practices of the Third Party Websites or the products or services made available thereby.
Communication to you
By using this Site, you agree that Fee Simple Escrow may communicate with you through electronic means for the purpose of advising you of Fee Simple Escrow services and products and for such other purposes as Fee Simple Escrow deems appropriate.
Ownership of Intellectual Property Rights
All information, data, text, software, music, sound, photographs, graphics, videos, messages or other material (the “Content”) on this Site is owned by Fee Simple Escrow or licensed to Fee Simple Escrow by third parties. All the trademarks, service marks and logos contained in this Site (the “Marks”) are owned by Fee Simple Escrow or licensed to Fee Simple Escrow by third parties. You may view and print the Content for your personal and informational purposes only, and not for commercial purposes. Except as set forth herein, neither the Content nor the Marks may be used, copied, downloaded, uploaded, altered, modified, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited by you, without the prior written consent of Fee Simple Escrow or the third party who owns such rights.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Fee Simple Escrow DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. Fee Simple Escrow MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, SECURITY, NON-INFRINGEMENT, COMPLETENESS, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, FEATURES, GRAPHICS, PRODUCTS AND SERVICES ON THIS SITE OR ANY THIRD PARTY SITE. YOU ARE BEING PROVIDED ACCESS TO AND USE OF THIS SITE AND THE THIRD PARTY SITES AND THE SERVICES AND PRODUCTS AVAILABLE HEREBY AND THEREBY ON AN “AS IS” BASIS.
Fee Simple Escrow MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SECURITY OF ANY INFORMATION PROVIDED BY YOU IN CONNECTIONS WITH THE USE OF THIS SITE OR ANY THIRD PARTY SITE. Fee Simple Escrow MAKES NO WARRANTEES OR REPRESENTATIONS THAT:
- THIS SITE OR ANY THIRD PARTY SITE IS FREE FROM VIRUSES OR OTHER INVASIVE AND POTENTIALLY DAMAGING PROGRAMS
- THIS SITE OR ANY THIRD PARTY SITE WILL MEET YOUR USER REQUIREMENTS
- THE CONTENT AND INFORMATION ON THIS SITE OR ANY THIRD PARTY IS TIMELY OR ERROR-FREE
- THE QUALITY OF THE SERVICES, PRODUCTS, INFORMATION, CONTENT OR FEATURES AVAILABLE ON THIS SITE OR ANY THIRD PARTY SITE WILL MEET YOUR EXPECTATIONS
- THIS SITE AND ANY THIRD PARTY SITE WILL NOT SUFFER INTERRUPTION OR CESSATION OF SERVICES
- NY ERRORS IN THIS SITE OR ANY THIRD PARTY SITE WILL BE CORRECTED.
IN NO EVENT SHALL Fee Simple Escrow OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE
- ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT OR INFORMATION ON THIS SITE OR ANY THIRD PARTY SITE
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE OR ANY THIRD PARTY SITE
- ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE OR ANY THIRD PARTY SITE, INCLUDING UNAUTHORIZED ACCESS TO SECURE SERVERS SUPPORTING SUCH WEBSITES AND ANY AND ALL PERSONAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE OR ANY THIRD PARTY SITE
- THE SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS MADE AVAILABLE THROUGH THIS SITE OR ANY THIRD PARTY SITE
- ANY BUGS, VIRUSES, MALWARE, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE OR ANY THIRD PARTY SITE BY ANY THIRD PARTY
- THIS SITE OR ANY THIRD PARTY SITE OR THE USE THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Fee Simple Escrow IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Fee Simple Escrow SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY WITH RESPECT TO THIS SITE OR ANY THIRD PARTY SITE, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY WITH RESPECT THERETO, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
No legal, financial or other professional advice
Any information contained on this Site or any Third Party Site should not be relied upon for legal, financial or personal decisions and you should consult an appropriate professional for such matters.
As a condition to your use of this Site, you agree to indemnify and hold harmless Fee Simple Escrow and its shareholders, officers, directors, employees, agents, representatives and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including, without limitation, attorney’s fees) arising out of claims arising from:
- your use of and access to this Site
- your violation of any third party right, including, without limitation, any copyright, trademark, other property right or privacy right
- your user generated content.
This Site may now, or in the future, contain blogs, bulletin boards, forums, chat areas, news groups, web communities, and other message and communication facilities (collectively, “Communities”). You agree to use the Communities only to send and receive messages and materials that are proper and related to the particular Community. You agree that when using a Community, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights 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 material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have 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 computer or system
- 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 Community that you know, or reasonably should know, cannot be legally distributed in such matter
- 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 or enjoying the Community
Fee Simple Escrow reserves the right to terminate your access to any of the Communities, at any time, without notice, for any reason whatsoever.
Fee Simple Escrow has no obligation to monitor the Communities. However, Fee Simple Escrow 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 Fee Simple Escrow’s sole discretion.
You acknowledge that all Communities are public and not private communications; therefore, your communications may be read by others without your knowledge. Fee Simple Escrow does not control or endorse the content, messages or information found in any Community and, therefore, Fee Simple Escrow specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Community managers and hosts (if any) are not authorized spokespersons or representatives of Fee Simple Escrow, and their views do not necessarily reflect those of Fee Simple Escrow.
By posting messages, uploading files, inputting data or engaging in any other form of communication through the Communities, you grant Fee Simple Escrow permission to:
- use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer or sell any such communication
- sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication
Fee Simple Escrow reserves the right to for any reason, in its sole discretion, to:
- remove, without notice, any contents of this Site without limitation
- deny your access to this Site or any portion thereof without notice
- edit any notices or postings for clarity or length