terms of use
PURE MODERN MONTANA LLC
d/b/a Modern Title
WEBSITE TERMS OF USE
Please take the time to carefully read these terms of use before using this website.
By visiting www.moderntitlemontana.com or any subdomains herein (the "Website") you acknowledge and accept the following terms of use:
This document contains the terms of a legal agreement (the "Terms of Use") between you and PURE MODERN MONTANA LLC dba Modern Title, a Montana limited liability company ("PMM"). By using this Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and can be found here: Privacy Policy.
If you do not agree to all of these Terms of Use or the Privacy Policy, do not use or otherwise access the Website.
Purpose:
The Website is intended to convey general information about PMM and the services it and its affiliates provide. Content included within or linked to from the Website is not intended to be business or legal advice, and you should not rely on it as such. This Website is not an offer to provide you with services, and nothing included within or linked to from the Website is intended to create a business relationship or obligation. Any statements included within or linked to from this Website relating to prior results or accomplishments are not a guarantee of similar outcomes.
Communications:
We would like to hear from you. If you choose to contact PMM or any of its staff via email or similar electronic messaging, such communication will not be treated as confidential. Do not send any confidential information to any PMM or PMM staff without first receiving explicit authorization.
Disclaimer of Warranties:
YOU USE THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PMM NOR ANY PERSON ASSOCIATED WITH PMM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PMM NOR ANYONE ASSOCIATED WITH PMM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PMM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES SHALL PMM, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY LOSSES OR DAMAGES, DIRECT OR INDIRECT, UNDER ANY LEGAL THEORY, THAT ARE IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE (OR YOUR INABILITY TO USE THIS WEBSITE), OR ANY MATERIALS ON THE WEBSITE OR ACCESSED THROUGH IT, OR ANY OTHER WEBSITES AND SERVERS LINKED TO THE WEBSITE AND ANY CONTENT, MATERIALS, OR SERVICES PROVIDED ON, WITH, OR THROUGH SUCH OTHER SITES. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, REGARDLESS OF LEGAL THEORY, TYPE, OR CHARACTERIZATION, AND APPLIES REGARDLESS OF WHETHER YOU ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR WHETHER THEY ARE FORESEEABLE. IN THE EVENT THAT SOME ELEMENT OF THE FOREGOING IS REQUIRED TO BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THEN THE FOREGOING LIMITATIONS SHOULD BE CONSTRUED AS BROADLY AS PERMITTED BY SUCH LAW.
Indemnification:
You agree to defend, indemnify, and hold harmless PMM, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Location:
This Website is managed by PMM from its offices located in Missoula, Montana in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Any persons who choose to use this website, whether from within the State of Montana or from another state or jurisdiction do so solely on their own initiative. Any person using this Website is solely responsible for compliance with all applicable federal, state, local, and other laws, rules, and regulations in connection with their use of this Website, unless explicitly provided otherwise. Nothing within this Website is intended as an advertisement for or solicitation of business in any jurisdiction in which PMM is not licensed or established.
Changes to the Terms of Use:
We have the sole discretion to revise and update these Terms of Use at any time, without prior notice. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Changes to the Website and Access:
We have the sole discretion to remove, modify, or update this Website and anything contained within it at any time, without prior notice. We do not guarantee the availability of this Website or of anything contained within it. At our sole discretion, we may limit your access to any part of this Website without notice to you, and we may terminate your use of this Website at any time.
Your Conduct:
You agree to use this Website only for lawful purposes. You agree to use this Website only for its intended purposes. You agree not to disrupt this Website. You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with this Website. You agree not to disrupt or interfere with any other visitor's use of this Website. You agree not to attempt to obtain access to any portion of this Website, any computer, server, account, network, software or hardware associated with the Website, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to this Website and the Internet, including United States copyright law and export statutes and regulations. You warrant that all information you provide to gain access to the services provided by this Website is accurate and truthful.
PMM reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate or illegal.
Other Websites and Links:
While the Website may contain links to external sites, you should understand that PMM does not sponsor, endorse, verify, or warrant the content or accuracy of any information contained within or linked to from external sites. Any such links are provided solely for your convenience. Use of such links and access to any linked sites is solely at your own risk.
These Terms of Use apply only to this Website, and not to any other website that links to or is linked from this Website. The terms of use of any other website, including those that link to or are linked from this Website, do not apply to this Website.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You may not cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Intellectual Property Rights:
We respect the intellectual property rights of others, and we expect that you do the same. We reserve the right to deny access and/or take other action as permitted by law against any persons who infringe our intellectual property rights.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PMM, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website only for legitimate business purposes in your role as a potential or current customer of PMM. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that you may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You must not access or use for any commercial purposes (other than those explicitly set forth above) any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@moderntitlemontana.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PMM. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks:
The company name, PURE MODERN MONTANA LLC, Modern Title, Modern Title Montana, the terms PMM, and all related names, logos, product and service names, designs and slogans are trademarks of PMM or its affiliates or licensors. You must not use such marks without the prior written permission of PMM. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Venue and Jurisdiction:
Any claim arising from or related to this Website, its use, or to anything contained within or available through this Website is governed by the laws of the State of Montana. By using or otherwise accessing this Website, you voluntarily, unconditionally, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in Missoula, Montana with respect to any claims arising from or related to this Website, its use, or to anything contained within or available through this Website. You agree not to plead forum non conveniens in any such action and consent to service of process.
Arbitration:
At PMM's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Montana law.
Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability:
No waiver of by PMM of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PMM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement:
These Terms of Use and the Privacy Policy incorporated above constitute the entire agreement between PMM and you with respect to this Website, and supersede all prior and contemporaneous understandings, agreements, or communications with respect to the Website, regardless of form.
Contact Us:
Please contact us if you have any questions, comments, or concerns about these Terms of Use. You can reach us at:
Pure Modern Montana LLC d/b/a/ Modern Title
1805 Brooks Street
Missoula, MT 59801
info@moderntitlemontana.com
Effective Date: February 2023