Terms Of Use

November 13,2019 

WHAT YOU SHOULD KNOW

Welcome to the WWW.REALSAFETITLE.COM web site (the "Web Site"). Please read our Termsof Use (the "Terms") carefully before continuing on with your use of thisWeb Site. These Terms shall govern the use of the Web Site and apply to allInternet traffic visiting the Web Site. By accessing or using this Web Site,you agree to the Terms. The Terms are meant to protect all of our Web Sitevisitors and your use of this Web Site signifies your agreement with theseTerms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.

RealSafe Title, LLC ("We","Us", "Our") reserves the right, in its sole discretion, tomodify, alter or otherwise update these Terms at any time. Such modificationsshall be effective immediately upon posting. By using this Web Site after wehave posted notice of such modifications, alterations or updates you agree tobe bound by such revised Terms. IF YOU DO NOT AGREE WITH THE REVISEDTERMS, YOU MUST STOP USING THIS WEB SITE.

This Web Site willpermit you to link to many other web sites (Linked Sites), that may or maynot be affiliated with this Web Site and/or RealSafe Title, LLC, and thatmay have terms of use that differ from, or contain terms in addition to, theterms specified here. Your access to such Linked Sites through links providedon this Web Site is governed by the terms of use and policies of those sites,not this Web Site. Please review those Linked Sites terms of use and policieswhen using such links.

PRIVACY

Registration data andcertain other information about you are subject to our Privacy Policy. For moreinformation, please review our full Privacy Policy at https://www.realsafetitle.com.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site iscontrolled and operated by RealSafe Title, LLC, 401 Springfield Avenue,Summit, NJ 07901. All content on this Web Site, including, but not limited totext, images, illustrations, audio clips, and video clips, is protected bycopyrights, trademarks, service marks, and/or other intellectual propertyrights (which are governed by U.S. and worldwide copyright laws and treatyprovisions, privacy and publicity laws, and communication regulations andstatutes), and are owned and controlled by RealSafe Title, LLC or itsaffiliates, or by third party content providers, merchants, sponsors andlicensors (collectively "Providers") that have licensed their contentor the right to market their products and/or services to RealSafe Title,LLC. Content on this Web Site or any web site owned, operated, licensed orcontrolled by the Providers is solely for your personal, non-commercial use.You may print a copy of the Content and/or information contained herein foryour personal, non-commercial use only, but you may not copy, reproduce,republish, upload, post, transmit, distribute, and/or exploit the Content orinformation in any way (including by e-mail or other electronic means) for commercialuse without the prior written consent of RealSafe Title, LLC or theProviders.

Without the priorwritten consent of RealSafe Title, LLC or the Providers, yourmodification of the Content, use of the Content on any other web site ornetworked computer environment, or use of the Content for any purpose otherthan personal, non-commercial use, violates the rights of the owners of RealSafeTitle, LLC and/or the Provider copyrights, trademarks or service marks andother proprietary rights, and is prohibited. As a condition to your use of thisWeb Site, you warrant to RealSafe Title, LLC that you will not useour Web Site for any purpose that is unlawful or prohibited by these Terms,including without limitation the posting or transmitting any threatening,libelous, defamatory, obscene, scandalous, inflammatory, pornographic, orprofane material, nor in violation of the Acceptable Use Policy of the Web Sitehosting service provider,. If you violate any of these Terms, your permissionto use our Web Site immediately terminates without the necessity of any notice.

RealSafe Title, LLC retainsthe right to deny access to anyone at its discretion for any reason, includingfor violation of these Terms. You may not use on your web site any trademarks,service marks or copyrighted materials appearing on this Web Site, includingbut not limited to any logos or characters, without the express written consentof the owner of the mark or copyright. You may not frame or otherwiseincorporate into another web site any of the Content or other materials on thisWeb Site without prior written consent of RealSafe Title, LLC.

PROHIBITED ACTIVITIES

You are specificallyprohibited from any use of this Web Site, and You agree not to use or permitothers to use this Web Site, to: (a) take any action that imposes anunreasonable or disproportionately large load on the Web Site's infrastructure,including but not limited to "spam" or other such unsolicited masse-mailing techniques; (b) disclose or share the assigned confirmation numbersand/or passwords with any unauthorized third parties or use the assignedconfirmation numbers and/or passwords for any unauthorized purpose; (c) attemptto decipher, decompile, disassemble or reverse engineer any of the software orHTML code comprising or in any way making up a part of this Web Site; (d)upload, post, email or otherwise transmit any information, Content, orproprietary rights that You do not have a right to transmit under any law orunder contractual or fiduciary relationships; (e) violate any applicable local,state, national or international law, including, but not limited to, anyregulations having the force of law; or (f) use any robot, spider, intelligentagent, other automatic device, or manual process to search, monitor or copy ourWeb pages, or the Content without our prior written permission, provided thatgenerally available third party Web browser such as Firefox Microsoft InternetExplorer may be used without such permission.

LINKS

This Web Site maycontain links to other web sites ("Linked Sites"). The Linked Sitesare provided for your convenience and information only and, as such, you accessthem at your own risk. The content of any Linked Sites is not under the controlof RealSafe Title, LLC, and RealSafe Title, LLC does notendorse, such content, whether or not RealSafe Title, LLC isaffiliated with the owners of such Linked Sites. You may not establish ahyperlink to this Web Site or provide any links that state or imply anysponsorship or endorsement of your web site by RealSafe Title, LLC, or itsaffiliates or Providers.

DISCLAIMER OF WARRANTIES

ALL CONTENT ON THISWEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDEITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S.LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OFEXCLUSION, RESTRICTION, OR MODIFICATION, REALSAFETITLE, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE. NEITHER REALSAFETITLE, LLC, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NORANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BEUNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERTHAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS.

THE CONTENT THAT YOUACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATIONONLY. REALSAFE TITLE, LLC DOESNOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY ORCURRENCY OF ANY INFORMATION CONTENT, AND/OR SERVICE PURSUANT TO YOUR USE OFTHIS WEB SITE.

DISCLAIMER OF LIABILITY

YOU EXPRESSLY AGREETHAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT REALSAFE TITLE, LLC) ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOUEXPRESSLY AGREE THAT NEITHER REALSAFETITLE, LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITSPROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANYOF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED INTHE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS,DAMAGE (WHETHER ACTUAL OR CONSEQUENTIAL), CLAIM, LIABILITY OR OTHER CAUSE OFANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE ORATTEMPTED USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESSTO ANY RELATED SOFTWARE OR HARDWARE).

BY WAY OF EXAMPLE, ANDWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REALSAFE TITLE, LLC AND RELATED PERSONS AND ENTITIESSHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILUREOF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY INOPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ORALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA,INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOUEXPRESSLY ACKNOWLEDGE AND AGREE THAT REALSAFETITLE, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

INDEMNIFICATION

You agree toindemnify, defend, and hold harmless RealSafe Title, LLC, the Providers,and Web Site hosting service providers, and its and their officers, directors,employees, affiliates, agents, licensors, and suppliers from and against alllosses, expenses, damages and costs, including reasonable attorneys' fees,resulting from any violation by you of these Terms or misuse of the Web Site.

THIRD PARTY RIGHTS

These Terms are forthe benefit of RealSafe Title, LLC, its Providers, and Web Site hostingservice providers, and its and their officers, directors, employees,affiliates, agents, licensors, and suppliers. Each of these individuals orentities shall have the right to assert and enforce these Terms directlyagainst you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwisespecified, the Content contained in this Web Site is presented solely for yourconvenience and/or information. This Web Site is controlled and operatedby RealSafe Title, LLC from Summit, NJ. RealSafe Title, LLC makesno representation that Content in its Web Site is appropriate or available foruse in other locations. Those who choose to access this Web Site from other locationsdo so on their own initiative and are responsible for compliance with locallaws, if and to the extent local laws are applicable. You may not use or exportthe materials in this Web Site in violation of U.S. export laws andregulations.

RESOLVING DISPUTES

If a dispute shouldarise between you and RealSafe Title, LLC, we want to provide you with aresolution that is efficient and cost effective by using our customer serviceteam. Almost all customer service disputes can be resolved to the customerssatisfaction by using our customer service, reachable by calling 201-479-7300or by sending an email through the Contact Us section of our website.

If your dispute cannotbe resolved using our customer service team, these Terms describe how we shallproceed with the resolution of the dispute.

AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THISSECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDINGYOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ITCONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTIONWAIVER.

IF YOU ARE A U.S.RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

1. WE BOTH AGREE TO ARBITRATE: You and RealSafe Title, LLC agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate RealSafe Title, LLCs intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances RealSafe Title, LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
2. WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
3. ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or RealSafe Title, LLC must do the following things:
1. (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus theappropriate filing fee to your local JAMS office.

(3) Send one copy of the Demand for Arbitration to the otherparty.

4. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, RealSafe Title, LLC will pay all administrative costs and fees provided, however, if, RealSafe Title, LLC prevails you will reimburse us for all such administrative costs and fees. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
5. AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and, RealSafe Title, LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and, RealSafe Title, LLC.
6. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
7. WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and RealSafe Title, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND REALSAFE TITLE, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
8. OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing RealSafe Title, LLC at contact@realsafetitle.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

CHOICE OF LAW/FORUM SELECTION

In any circumstanceswhere the Agreement to Arbitrate Disputes permits the parties to litigate incourt, these Terms shall be governed by and construed in accordance with thelaws of the State of New Jersey, excluding its conflict of law rules. Youfurther expressly consent and agree to submit to the exclusive jurisdiction andvenue of a court of competent jurisdiction located in Burlington County, NewJersey or the District Court of New Jersey.

ENTIRE AGREEMENT

The provisions andconditions of these Terms, and each obligation referenced herein, represent theentire Agreement between RealSafe Title, LLC, its affiliated or relatedentities, and you, and supersede any prior agreements or understandings notincorporated herein. In the event that any inconsistencies exist between theseTerms and any future published terms of use or understanding the last publishedTerms of Use shall prevail.