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Terms Of Use

THDiSoftware.com (THDi) is a business established to provide its clients with software to assist in the processing and tracking of eal property transactions via the use of current Internet technology. Since the information is generally private information, certain elements of the required information to facilitate the products and services rendered by the website must be vigilantly protected. In that pursuit, THDi provides the following Privacy Statement.

Your use of THDiSoftware.com and its site and services informs us that you have read this Terms of Use, our Privacy Policy, and that you agree with all of the terms and conditions of both of these documents.

If you do not agree to all of the terms and conditions of these documents, then you should leave this site and not participate in, or partake of, the THDiSoftware.com site and services.

Definition of Terms Used in this Statement:

The following terms used in this statement are herein defined as such;

The term "Link" shall mean information provided to THDiSoftware.com to facilitate transactions;

The terms "site" and "website" shall refer to the THDiSoftware.com proprietary website located at www.THDiSoftware.com;

The term "personal information" shall mean information that can be associated with a specific person that can be used to identify that person;

The term "Terms Of Use" shall mean the on-line agreement promulgated to you upon establishing an active account with THDi;

The terms "Business Partner" and "Partner" refer to any THDi approved commercial or legal service or retailer that may be listed, referenced or advertised on this Website;

The words "we," "us," and "our" refer to THDi, the owner and operator of this Web site and its hired affiliates and contractors.

The term "User Name" refers to a unique name that you provide when you register to use this website that identifies you to the website, but not to any of the sites other users. We encourage you to select a User Name that does not include your full name or your location so that your anonymity is protected.

Your "website access" to the THDiSoftware.com website shall mean the registered User Name, Email Address, and Password combination that you use to gain access to the full services and functionality of the website.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio or video clips, digital downloads, data compilations, and software, is the property of THDi or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of the THDiSoftware.com and protected by U.S. and international copyright law.

Trademarks

All uses of "THDi Software, LLC" are protected by trademark law. The use of "THDi Software, LLC" or marks of its Partners and Affiliate is prohibited except by express written permission. All other Marks not otherwise specifically identified in this section by marked by (™) are similarly protected.

Patents

One or more patents owned by THDi or its affiliates may apply to this Site and to the features and services accessible via this Site. Portions of this Site may operate under license of one or more patents.

License and Site Access

THDiSoftware.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of THDi. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by the THDiSoftware.com in a separate written license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to this document.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the expressed written consent of THDi You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THDi without express written consent. You may not use any Meta tags or any other "hidden text" utilizing the THDi Software, LLC's name or trademarks without the express written consent of THDi Any unauthorized use terminates the permission or license granted by THDi You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray THDi, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any "THDi Software, LLC" logo or other proprietary graphic or trademark as part of the link without our expressed written permission.

Access, Registration, Passwords, and Security

If you register on the THDiSoftware.com website, you accept the responsibility for all activities that occur under your registered User Name and registered Email Address, and agree that you will not sell, transfer or assign your User Name, Email Address or usage on the website. The THDiSoftware.com reserves the right to terminate your website access if it is determined that other individuals are able to gain entry to the website using your website access. You are responsible for maintaining the confidentiality of your User Name and Password and for restricting access to your computer so that others may not access the website using your access information. If you believe someone has accessed our website using your user name and password without your authorization, e-mail us immediately at the address listed below. You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We are not liable for loss, expenses, or damages should you fail to adequately protect your User Name, Password, and Email Address.

When you register on our website, you are responsible for providing accurate and truthful personal information as requested on the registration screens and to maintain this same information accurately and truthfully over time.

Internet Connection to THDiSoftware.com

You are responsible for all fees and charges incurred to access our website through a (any) Internet service provider regardless of the bandwidth type or usage, or the volume required to view the content of the website.

License and Site Access

THDiSoftware.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of THDi. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by THDi in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms of Use or the THDi "Terms of Service Agreement" if you have an THDi account.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the expressed written consent of THDi You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the THDi Software, LLC without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing the THDi Software, LLC's name or trademarks without the expressed written consent of THDi Any unauthorized use terminates the permission or license granted by THDi You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site, so long as the link does not portray THDi, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any THDi Software, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

Account Termination

You agree that any violations of these Terms of Use are grounds for the website terminating your Account without advance notice. You further agree that we may terminate your Account if it remains inactive for a period of one year at our discretion.

Compliance with the Digital Millennium Copyright Act

In accordance with the terms and provisions of the Digital Millennium Copyright Act (DMCA), it is the policy of THDi to terminate (at our sole discretion) the Account of registered site users who have been deemed to have infringed upon third party (or THDi) intellectual property rights or to remove the offending material, or both.

If you believe that the intellectual property rights of your work product have been infringed upon by submission to our website, please provide the following information to the THDiSoftware.com at the address shown below:


Please send us the following information:
A signature (either an actual written physical signature or an electronic one) of the person who is acting in the interests of the infringed upon copyright holder; A detailed and exact description of the work that has been infringed upon; A specific location on the website of where the offending material is located; Your complete contact information including name, company name, street address and suite or unit number, city, state or province, country and any applicable postal code, telephone and facsimile numbers, and at least one email address; and, A statement that confirms that you are acting in the interests of the copyright holder, that there has been an infringement upon your copyright rights, and that the information contained within your complaint is accurate and truthful. Please send the infringement complaint to: Copyright Agent THDiSoftware.com 15443 S 5th Street Phoenix, AZ 85048 Phone: 602-684-2466 Facsimile: 480-460-2095 Email: CustomerService@THDiSoftware.com

Modification of the Site and Services

THDiSoftware.com reserves the right to add to, change, delete portions of, or otherwise modify the website or its products and services up to, and including, permanently terminating the website's operation without any prior notice to any registered or anonymous users. Changes to the website may include the products or services offered, the specifications of the products or services, pricing, website presentation and colors and page formats. If you should not approve of, or like, any changes made by the website under this Term of Use, your only remedy will be to cease using the site and the services of the site. Your continued use of the website will be interpreted by the company as approval of, and satisfaction with, the website and its services.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THDi Software, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THDi Software, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THDi DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THDi DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM THDi ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THDi WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting this Site, you agree that the Laws of the state of Arizona, without regard to principles of conflict, will govern these Terms of Use and any dispute of any sort that might arise between you and the THDi Software, LLC.

Disputes

Any dispute relating in any way to your visit to the website or to services provided by THDi or through the website shall be settled by binding arbitration under the commercial arbitration rules of the American Arbitration Association ("AAA") in Phoenix, Arizona. Any judgment by the arbitrator may be entered in any court of appropriate jurisdiction in Phoenix, Arizona. Under these Terms of Use, the arbitrator will not have the ability or power to award damages in connection with any Dispute in excess of actual damages and will not have the ability or power to award consequential, punitive or exemplary damages, and each party irrevocably agrees to this term. Moreover, the arbitrator must abide by all these Terms and shall not have the power to change these Terms in any manner. If you should wish to begin the dispute resolution process (regardless of damages claimed), you must make a written demand and serve such demand on the other party within one (1) year of when the claim or claimed action occurred.


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