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General
Executive Escrow Company and its subsidiaries operate a family of Web sites and associated Web pages. Any person accessing or using a/the Executive Escrow Company Websites is referred to as “you”.
Acceptance of Terms
By accessing or using any part of this website or the services provided on it or
other Web sites as set forth below (collectively, the “Services”), you agree to
accept and comply with the terms, conditions, and notices stated herein and as may
be modified by Executive Escrow Company from time-to-time without notice to you (the “Terms
of Use”). These Terms of Use constitute a binding contract between Executive Escrow Company
and you. You are responsible for regularly reviewing the Terms of Use. You can review
the most current version of the Terms of Use at any time by revisiting this website.
If you do not wish to be bound by these Terms of Use, please do not access or use
any part of the website or network.
Additional terms may govern use of certain Web sites or Web pages within the Executive Escrow Company Network. In the event that any provision, term or guideline contained
on a particular Web site or Web page in the Executive Escrow Company Network conflicts
with the Terms of Use, the terms of such Web site or Web page shall control over
the Terms of Use except with respect to the General Terms set forth below, which
shall at all times control.
General Use of Executive Escrow Company Network
Unless specified otherwise, Executive Escrow Company offers you access to the Executive Escrow Company Network solely for your personal and non-commercial uses. You agree to only
access or use the Executive Escrow Company Network only for legal purposes that are permitted
by the Terms of Use. Among other things, you agree not to: except with the express written permission of Executive Escrow Company, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, frame in another Web page, use on any other Web site, transfer or sell any
information, software, lists of users, databases or other lists, products or services
provided through or obtained from the Executive Escrow Company Network, including without
limitation, engaging in the practices of "screen scraping," "database
scraping," or any other activity with the purpose of obtaining lists of users
or other information; damage, disable, overburden, or impair the Executive Escrow Company Network or interfere
with any other party's use and enjoyment of the Executive Escrow Company Network; obtain or attempt to obtain any materials or information through any means not made
readily accessible by Executive Escrow Company through the Executive Escrow Company Network. Except with the express written permission of Executive Escrow Company, you agree that
you will not access or attempt to access password protected, secure or non-public
areas of the Executive Escrow Company Network.
Except with the express written permission of Executive Escrow Company, you agree that
you will not create links from any Web site or Web page to any page within the Executive Escrow Company Network; provided however upon prior written notice to Executive Escrow Company,
you may create a link directly to any of the Executive Escrow Company Network home pages,
including, but not limited to this web site.at The origin of any link to any Executive Escrow Company Network home page must be accompanied by a clear and prominent attribution
indicating that the link is connected to the Executive Escrow Company Network home page.
By creating a link to the Executive Escrow Company Network, you agree that (a) you will
not employ any technology that results in the placement of content from the Executive Escrow Company Network in a frame and/or a reduced pop-up window and/or any other display
mechanism which changes appearance of the Executive Escrow Company Network from how it
would appear if a user typed the URL in a typical browser line, (b) your site shall
not display content or link to other web sites that contain content that is illegal,
obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have
duly registered your domain name and possess all rights necessary to use the same,
and (d) you shall not in any manner access, collect, store, disclose, transfer or
use any information obtained or derived from a user's access to or use of the Executive Escrow Company Network. Executive Escrow Company reserves the right to revoke your permission
to create such link at any time in its sole discretion and you agree to immediately
cease using the link at any time that Executive Escrow Company so requests.
You agree that Executive Escrow Company may in its sole discretion and at any time terminate
your access to and use of the Executive Escrow Company Network, or any part thereof, with
or without notice. You further agree that use of the Executive Escrow Company Network and
any of its Services shall be immediately terminated if you violate these Terms of
Use. In addition, Executive Escrow Company reserves the right, in its sole discretion,
to modify or discontinue the Services or any portion thereof, with or without notice,
and without liability to you.
The Services provided through the Executive Escrow Company Network may also be located
on third party Web sites or applications, via a link, click-through advertising,
or otherwise. Nothing contained in any of these Services is an offer or promise
by Executive Escrow Company to sell a specific product for a specific price or that any
advertiser will sell any product or service for any purpose or price or on any specific
terms. In addition, Executive Escrow Company does not make any representation or warranty
with respect to such third party Services, and is not responsible for their accuracy,
sufficiency, veracity, completeness, or timeliness. You are responsible for confirming
the sufficiency and reliability of any third party Services, and you hereby release
Executive Escrow Company from any and all claims, demands, liability and damages (actual
or consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way connected with your use of
such Services. Further, please note that certain of the interactive Services may
be financial or mortgage tools that provide information and customized information
based on user-inputted data. These tools are for the purpose of performing calculations,
and are not an offer to lend. Interest rates shown are for demonstration purposes
only. Actual market interest rates may vary.
Please note that you may be subject to additional and/or different terms, conditions,
and privacy policies when you use third party Services, Content (as defined below),
software or sites.
Content Contained in the Executive Escrow Company Network
The Executive Escrow Company Network and all of its contents including, but not limited
to, all information, text, messages, images, photos, illustrations, designs, icons,
video clips, sounds, files, trademarks, copyrighted material, trade dress, software,
specifications, catalogs, literature, technical information, advertisements and
other content or materials on the Executive Escrow Company Network (collectively, “Content”)
is owned by Executive Escrow Company and/or third parties with all rights reserved unless
otherwise noted.. Executive Escrow Company grants you a limited license to access and use
the Executive Escrow Company Network and Content solely for informational, personal and
non-commercial purposes (including printing individual pages from the Executive Escrow Company Network provided that you retain all copyright and other proprietary notices
contained thereon). You are strictly prohibited from downloading (other than page
caching) modifying, or making any other use of the Executive Escrow Company Network or
Content, except with express written consent of Executive Escrow Company. You understand
that all third party Content posted on, transmitted through, or linked from the
Executive Escrow Company Network, is the sole responsibility of the third party originator
of such Content. Content is provided through the Executive Escrow Company Network AS IS,
and you agree that the use of and reliance on any Content is at your own risk, and
that under no circumstances shall Move be liable for any Content or for any loss
or damage of any kind incurred as a result of the use of any Content made available
via the Services.
You acknowledge that Executive Escrow Company does not screen or approve third-party Content,
and that Executive Escrow Company shall have the right (but not the obligation) in its
sole discretion to refuse, modify, delete or move any Content that is available
via the Executive Escrow Company Network, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Executive Escrow Company Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Executive Escrow Company Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Executive Escrow Company as provided below. You promise that you will not use the Executive Escrow Company Network to: Transmit any Content not related to appropriate subject matters; which is misleading to others, including consumers; that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; that you do not have a right to post and transmit under any law or under contractual relationships; such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the Executive Escrow Company Network, you grant, and you represent
and warrant that you have the right to grant, to Executive Escrow Company an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute the Content and to prepare derivative works of, or incorporate into
other works, the Content, and to grant and authorize sublicenses (through multiple
tiers) of the foregoing. Furthermore, by posting Content to any public area of the
Executive Escrow Company Network, you grant Executive Escrow Company all rights necessary to prohibit
any subsequent aggregation, display, copying, duplication, reproduction, or exploitation
of the Content on the Executive Escrow Company Network by any party for any purpose.
Executive Escrow Company is committed to maintaining the privacy and security of any and
all such information that you provide to Executive Escrow Company through the Executive Escrow Company Network in accordance with its Privacy Policy. Please click here to review
the Executive Escrow Company Privacy Policy.
Applicable Law
This Terms of Use is governed by the laws of the State of California, U.S.A. without
regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction
and venue of courts sitting in California, County of Los Angeles and/or Central
District of California in all disputes arising out of or relating to accessing or
using of the Executive Escrow Company Network. Access or use of the Executive Escrow Company Network
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Executive Escrow Company as a result of the Terms of Use or accessing
or using the Executive Escrow Company Network. Executive Escrow Company's performance under the
Terms of Use is subject to existing laws and legal process, and nothing contained
in the Terms of Use is in derogation of Executive Escrow Company's right to comply with
governmental, court and law enforcement requests or requirements relating to your
access or use of the Executive Escrow Company Network or information provided to or gathered
by Executive Escrow Company with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations contained herein, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Terms of Use shall continue
in effect. Unless otherwise specified herein (or in any other definitive written
agreement between you and Executive Escrow Company), the Terms of Use constitutes the entire
agreement between you and Executive Escrow Company with respect to the Executive Escrow Company
Network and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and Executive Escrow Company with respect
to the Executive Escrow Company Network. A printed version of the Terms of Use and of any
notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to the same extent and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL
OF THE Executive Escrow Company Network, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND
IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOVE
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD
TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS,
OR TIMELINESS OF THE Executive Escrow Company Network, SERVICES AND/OR CONTENT. Executive Escrow Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD Executive Escrow Company, ITS THIRD-PARTY VENDORS, CORPORATE
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL
CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE
BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE
PROVIDED BY YOU TO THE Executive Escrow Company Network AND/OR Executive Escrow Company AND/OR
ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES,
AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL MOVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Executive Escrow Company Network, WITH THE DELAY OR
INABILITY TO ACCESS OR USE THE Executive Escrow Company Network OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS
AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE Executive Escrow Company Network, OR
OTHERWISE ARISING OUT OF THE USE OF THE Executive Escrow Company Network, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVE HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR
OBTAINED THROUGH THE USE OF THE Executive Escrow Company Network, AND ALL OTHER USE OF
THE Executive Escrow Company Network, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOVE NETWORK, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Executive Escrow Company Network.
Copyright
All materials on the Executive Escrow Company Network (as well as the organization and
layout of the Executive Escrow Company Network) are owned and copyrighted or licensed by
Executive Escrow Company, its corporate affiliates or its third-party vendors. © Executive Escrow Company 2009,2010, all rights reserved. No reproduction, distribution, or transmission
of the copyrighted materials on the Executive Escrow Company Network is permitted without
the written permission of Executive Escrow Company. Any rights not expressly granted herein
are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed
copyright infringement should be sent to Executive Escrow Company's Designated Agent set
forth below. All inquiries must be filed in accordance with Title 17, United States
Code, Section 512.