Continental Title Holding Co., Inc (“CTC”) owns and operates this website (the “Site”). CTC maintains the Site as a service to its customers and visitors, subject to the following terms and conditions (“Terms of Use”).
Site Content
CTC 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 CTC.
CTC 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; (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 CTC 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 CTC 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 CTC’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 CTC 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 CTC 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 CTC’s systems or networks, or any systems or networks connected to the Site or to CTC.
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 CTC on or through the Site or any service offered on or through the Site.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CTC or others.
You may not engage in any other activity that CTC determines, in its sole discretion, adversely affects the use and enjoyment of the Site.
You agree that CTC 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 CTC’s sole discretion.
If You Violate These Terms of Use
If CTC in its sole discretion determines you have violated these Terms of Use or other agreements or guidelines associated with your use of the Site, you acknowledge and agree that:
CTC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site.
CTC may preserve any transmittal, communication or related data by or from you with CTC in connection with or related to your use of the Site, and may also disclose such the transmittal or communication or its contents if required to do so by law, or if CTC determines such disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such transmittal, communication or data violates the rights of others; or (4) protect the rights, property or personal safety of CTC, its employees, users of or visitors to the Site, and the public.
If your violation will cause irreparable harm to CTC, for which monetary damages would be inadequate, you consent to CTC obtaining any injunctive or equitable relief that CTC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CTC may have at law or in equity.
If CTC takes legal action against you as a result of your violation of these Terms of Use, CTC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CTC.
The CTC Logo and Other Symbols
Use of the CTC name, logo, trademarks or other proprietary information such as the (whether as images, text, page layout, or other format) without written permission of the CTC is strictly prohibited.
Without the prior, express written consent of CTC, you may not (1) frame or use framing techniques to enclose the CTC name, logo, trademarks or other proprietary information; (2) use any meta tags or any other “hidden text” using CTC’s name, logo, trademarks or other proprietary information; or (3) use or create any link to a website that includes the CTC 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.
CTC 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.
CTC 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.
CTC does not warrant that any files or other data you download from the Site will be free of viruses or contamination or destructive features.
CTC 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 CTC services.
CTC 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 CTC services, including but not limited to CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
CTC 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 CTC 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 and/or CTC 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
If, notwithstanding the other provisions of these Terms of Use, CTC is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Site or any content, CTC’s liability shall in no event exceed the value of the product or services at issue, or one hundred dollars ($100) in the aggregate, whichever is less. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Except where prohibited by law, CTC will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if CTC has been advised of the possibility of such damages.
Indemnity
Upon demand, you agree to indemnify, defend and hold harmless CTC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against any demands, loss, liability, claims or expenses (including attorneys’ fees), made against CTC by any third party due to or arising out of or in connection with your violation of these Terms of Use.
Copyrights and Trademarks
CTC respects intellectual property and expects the users and visitors to the Site to do the same. CTC 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 CTC’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 CTC 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: Continental Title Company, 8455 College Blvd, Overland Park, KS 66210.
By e-mail: info@ctitle.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.
Privacy
CTC’s Privacy Statement applies to your use of the Site, and its terms are made a part of these Terms of Use by this reference. To view CTC’s Privacy Policy, click here. The Privacy Statement addresses, among other things, CTC’s collection, use, and sharing of your personal information, and its tracking of visits to its Site.
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 Kansas without regard to its conflicts of laws provisions. Any such matters that cannot be settled through alternative dispute resolution will be resolved in a state or federal court in Kansas. You agree to and waive any objection to the personal jurisdiction or venue of these courts.
Time Limit for Claims
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above. Claims made under separate express written terms and conditions of purchase for services are not subject to this limitation.
Void Where Prohibited
CTC 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.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and CTC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and CTC with respect to such use are hereby superseded and cancelled.
CTC’s failure to enforce performance of these Terms of Use shall not be construed as a waiver by CTC of its rights under these Terms of Use, nor shall any course of conduct between CTC and you or any other party be deemed to modify these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Questions?
If you have any questions about CTC’s Privacy Statement, please contact us via email us at info@ctitle.com or by mail, Continental Title Company, 8455 College Blvd, Overland Park, KS 66210.
