TERMS OF USE

CHANGE OF TERMS AND CONDITIONS OF THE USER AGREEMENT

The terms of use may change at any time, without notice. The devontitle.com site will always contain a link to view the most current version of the Terms of Use. By accessing and using this site, you agree to accept the terms and conditions of the most current Terms of Use.

SYSTEM INTEGRITY

You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of this site, nor may you take any action which imposes an unreasonably large load on our system infrastructure. All information provided by you with respect to your identity shall be true and accurate. You are solely responsible for maintaining the confidentiality of your password and for all activities which may occur from your account, and you shall immediately notify us if you become aware of any loss, theft, or unauthorized use of your password/account. You agree that you will not abuse the devontitle.com service by engaging in activities such as guessing or using in an unauthorized manner someone else’s user information or password, or otherwise “hacking” into someone else’s account or by using the devontitle.com site for criminal, illegal or immoral purposes.

COPYRIGHT AND TRADEMARK NOTICE

The material and content displayed on the devontitle.com site, including but not limited to, design, text, software, sounds, images, names, logos, trademarks, service marks and/or patented material are the property of Devon Title Agency, Inc., or are the property of their applicable owners, and are protected by U.S. and international copyright, trademark, patent and other laws. You agree not to remove any copyright or other proprietary notices from any material or content and not to make any commercial use of any material and content except as it relates to your particular company.

DISCLAIMER AND LIMITATION OF LIABILITY

Devon Title Agency, Inc. (“Devon”) makes available for use on this Web site various Documents as a convenience and to provide information to our clients. Devon makes no representations as to any other use of these Documents, and Devon disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Documents. THE devontitle.com SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Devontitle.com DOES NOT WARRANT THAT (1) THE INFORMATION VIEWED AT OR REPORTED ON ANY devontitle.com SITE IS CORRECT, ACCURATE OR RELIEABLE, (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (3) ANY DEFECTS WILL BE CORRECTED, OR (4) THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DEVON TITLE AGENCY, INC., SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND WILL NOT BE LIABLE IN ANY WAY FOR THE DOCUMENTS, CONTENT, INFORMATION, MATERIAL, PRODUCTS, OR SERVICES CONTAINED IN THE devontitle.com SITE. DEVON TITLE AGENCY, INC., WILL NOT BE LIABLE FOR ANY ERRORS AND OMISSIONS CONTAINED IN SUCH DOCUMENTS, CONTENT, INFORMATION, MATERIAL, PRODUCTS, OR SERVICES. DEVON TITLE AGENCY, INC., SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE UNAVAILABILITY OF devontitle.com DUE TO POWER FAILURES, MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, DISASTER, ACTS OF GOD, OR FOR ANY CAUSEES BEYOND ITS CONTROL. DEVON TITLE AGENCY, INC., WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR INTERUPTIONS OF BUSINESS, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE INCURRED BY USERS OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, ARISING FROM ACCESS TO OR USE OF THIS SITE, EVEN IF DEVON TITLE AGENCY, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEVON TITLE AGENCY, INC., WILL NOT BE LIABLE FOR THE MISUSE OF THE INFORMATION POSTED OR DISSEMINATED ON devontitle.com IN ANY FORM NOR SHALL IT BE LIABLE FOR THE MISUSE OR MISAPPROPRIATION OF DESIGNATED PASSWORDS OR ALLOWANCE OF ILLEGAL ACCESS TO THE devontitle.com SITE OR TO REPORTS GENERATED FROM THE USE THEREOF.

INDEMNIFICATION

You, the user, agree to defend, indemnify, and hold harmless DEVON TITLE AGENCY, INC., from and against any and all claims, direct, incidental, special, consequential or exemplary damages, losses, liabilities and all costs and expenses, including, but not limited to, attorneys’ fees arising directly or indirectly from your violation of the Terms of Use or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right, and invasion of any privacy rights.

GENERAL PROVISIONS

Any provision of this Terms of Use that is prohibited by law, or is unlawful or unenforceable under applicable law, shall be ineffective only to the extent of such prohibition, without invalidating the remaining provisions of the Terms of Use. The Terms of Use and all matters relating to the use of and access to this site shall be governed in all respects by the laws of the State of Michigan and the United States. Any claim arising out of the Terms of Use or use of and access to this site shall be subject to the exclusive jurisdiction and venue of the Michigan state courts of Kalamazoo County, Michigan, or, if and only if there is exclusive federal jurisdiction, the United States District Court for the Western District of Michigan. You irrevocably consent to the personal and exclusive jurisdiction of these aforementioned courts. No failure of DEVON TITLE AGENCY, INC., to insist upon strict performance of the terms or conditions of the Terms of Use or as otherwise set forth in devontitle.com or as required
by DEVON TITLE AGENCY, INC., and no failure of DEVON TITLE AGENCY, INC., to exercise any right or remedy available upon any breach of said terms or conditions shall constitute a waiver of any such breach or of any of such terms or conditions.