Empora Title Terms of Service
1. Basic Terms
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Empora Title and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are using the Services on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Services and to take any actions on or related to the Services. If you are under 18 years of age you may not use or access the Services for any reason. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Empora Title may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Empora Title granting you access to and use of the Services, you agree that Empora Title, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
If you send or authorize Empora Title to send an invitation to a third-party to join or use the Services, you are expressly representing that the third-party has requested to join the Services and communication extending the invitation was sent in accordance with applicable law.
If you use the Services to access the personal information of any third-party, you expressly represent that you will use that personal information in accordance with any applicable laws, policies, agreements or other obligations concerning the information.
3. Content on the Services
Please be aware that Empora Title does not verify the accuracy of any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Empora Title be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4. Empora Title Rights
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Empora Title and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Empora Title reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Empora Title, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5. Restrictions on Use of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Empora Title’s computer systems, or the technical delivery systems of Empora Title providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Empora Title (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Empora Title (NOTE: scraping the Services without the prior consent of Empora Title is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
6. Ending These Terms
The Terms will continue to apply until terminated by either you or Empora Title as follows.
You may end your legal agreement with Empora Title at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at (614) 407-7969. Please note that deactivating your account may not relieve you of any payment obligations you have pursuant to a subscription or other agreement with Empora Title.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect Empora Title’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
7. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of Empora Title and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Empora Title Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE EMPORA TITLE IP AND SERVICES ARE PROVIDED “AS IS” AND EMPORA TITLE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EMPORA TITLE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION, EMPORA TITLE MAKES NO WARRANTY OF ANY KIND THAT THE EMPORA TITLE IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. The Empora Title Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of workshare partners or otherwise related to a Title Agreement or services provided by workshare partners; (ii) any content on the Services, including without limitation, information provided by workshare partners or other third parties; (iii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iv) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (v) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (vii) any advice or information you receive through the Services. No advice or information, whether oral or written, obtained from the Empora Title Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party Services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Services or resources; or (ii) the content, products, or Services on or available from such Services or resources. Links to such Services or resources do not imply any endorsement by the Empora Title Entities of such Services or resources or the content, products, or Services available from such Services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMPORA TITLE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE EMPORA TITLE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID EMPORA TITLE, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EMPORA TITLE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Empora Title Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with this Agreement; (2) your failure to opt out of receiving Marketing Messages after changing or discontinuing use of your phone number as provided in Section 8 below; and (3) any activity in which you engage on or through the Services.
8. Mobile Messaging
By accepting these Terms of Service, you expressly authorize Empora Title to send you text messages to the number you provided related to your use of the Services. You may also have expressly opted in to receive marketing or other commercial messages from Empora Title (“Marketing Messages”). If you opted in to receive Marketing Messages, you agreed to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
If you do not wish to continue receiving text messages you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Empora Title in order to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. If at any time you intend to stop using the mobile telephone number that has been provided to Empora Title, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for indemnifying us (as provided in Section 7(D) above). This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Marketing Messages: Without limiting the scope of the Program, users that opt in to receive Marketing Messages can expect to receive messages concerning the marketing and sale of title, insurance or other similar products.
Cost and Frequency: Message and data rates may apply. Marketing Messages involve recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding Marketing Messages or other text messages, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
11. GENERAL TERMS. Waiver and Severability
The failure of Empora Title to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of Oregon without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Washington County, Oregon, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Empora Title related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
B. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at https://app.emporatitle.com/termsandconditions. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at (614) 407-7969.
Federal/state laws and regulations give consumers the right to limit some but not all sharing, and they also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your information. We are providing you this Notice pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of information we collect and share depend on the product or service that you have sought through us. This information can include Social Security numbers and driver’s license numbers. In the section below, we list the reasons that we can share customers’ personal information; the reasons that we choose to share; and whether you can limit this sharing.
Last revised 4/1/2021
|Reasons we can share your personal information.||Do we share?||Can you limit sharing?|
|For our everyday business purposes –to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations.||Yes||No|
|For our marketing purposes –to offer our products and services to you.||Yes||No|
|For our affiliates everyday business purposes –information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies.||Yes||No|
|For our affiliates everyday business purposes –information about your creditworthiness.||No||We don’t share|
|For our affiliates to market to you –For your convenience, we have adopted an opt-in requirement for any future affiliate marketing.||No||We don’t share|
|For non-affiliates to market to you –Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies||No||We don’t share|
Effective: June 1, 2021