Last Modified on December 30, 2019

IMPORTANT: PLEASE READ THE TERMS of SERVICE CAREFULLY BEFORE CONTINUING to use this Website.

SECTION 11 OF THIS TERMS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

Welcome to https://www.closingmarkhome.com/ (our “Website”) operated by ClosingMark Home Loans and its affiliates (“ClosingMark," “us,” or “we”).  Please review the following terms and conditions of use and legal disclaimers (“Terms of Use”) as an agreement between you and us. It governs your access to, conduct in, and other terms and conditions relating to our operation and your use of our Service, which includes, but is not limited to: (i) the Website; (ii) online resources and services, including, but not limited to, our informational website, http://www.closingmarkhome.com and; (iii) other elements that may be added from time to time.  We maintain our Website as a service to you, and its use is a privilege.  

We provide this Service and certain rights and privileges regarding your use of the Service belong to us and are described below in this Terms of Use.

In addition, as part of you use of the Service, we may collect certain information about you, including personally identifiable information. The way we treat, protect, and allow you to control your information is described in our Privacy Policy.

We reserve the right to update or change these Terms of Use at any time by posting the most current version of the Terms of Use on the Website or within the Service with a new Effective Date shown. All such changes in the Terms of Use are effective from the Effective Date. Your continued use of the Service after we post any changes to the Terms of Use signifies your agreement to any such changes. If you do not agree to the then-current Terms of Use, you must immediately discontinue using the Service.

We may from time to time change or modify the terms and conditions that govern your use of our Service and this Terms of Use.  Your use of our Service following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We may terminate your right to and deny you access to all or part of our Service, or remove any material you have posted at our Service if, in our sole discretion, you fail to comply with any term or provision of this Terms of Use, or for any other reason whatsoever.  Except as otherwise provided herein, however, ClosingMark undertakes no obligation to police, supervise, or monitor materials posted to the Service by you or other third parties.

As between you and ourselves, the Service is the sole and exclusive property of ClosingMark. You will not acquire any rights in connection with the Service, or any individual components or elements of the Service, through your use.

Your use of the Service is solely controlled by this Terms of Use which cannot be changed except by a written agreement signed by both you and a fully authorized representative of ClosingMark. The Service is licensed, not sold.

ANY VIOLATION OF THIS TERMS OF USE MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.

  1. USER REPRESENTATIONS. You represent and warrant that (i) you are at least 18 years of age, (ii) your use of our Service is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access our Service, (iii) all information (if any) provided by you to ClosingMark is correct and complete, (iv) you possess the legal right, authority, and capacity to consent to these Terms of Use and to use our Service in accordance with the Terms of Use, (v) your use of our Service shall be in accordance with the terms and conditions of this Terms of Use, and (vi) your use of our Service shall be in accordance with all applicable laws and regulations.

  2. USER GENERATED CONTENT
    You may be able to share content about ClosingMark on third party social media sites which feed such content to our Service or social media sites.  You are solely responsible for all such content, including images, graphics, testimonials, text, links, messages (including those on social media and via e-mail to ClosingMark ) and other materials ("UGC"). By sharing UGC in any manner with ClosingMark, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such UGC for any purposes (including for marketing and promoting ClosingMark), and to grant and authorize sublicenses of the foregoing. In addition, by sharing your UGC, you are permitting ClosingMark to publish your name in connection with your UGC.

    No compensation will be paid with respect to the use of your UGC, unless expressly and otherwise agreed between you and ClosingMark in a written agreement. ClosingMark has no obligation to use any USG. ClosingMark reserves the right to edit, block or remove any UGC from its Service or its social media sites for any or no reason, including if it determines in its sole and absolute discretion to violate any of the following prohibitions.  Without limiting anything herein, you are prohibited from posting any UGC that:

    1. Is defamatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;
    2. Is false, inaccurate, misleading, or fraudulent;
    3. Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
    4. Violates any applicable law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. Contains personal identifying information of any person other than you; and
    6. Contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to interrupt, destroy, damage, detrimentally interfere with, limit the functionality of, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing” or “crashing” our Service or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.

  3. RIGHTS AND OWNERSHIP

    1. Intellectual Property Unless otherwise noted, the design of our Service, our Service as a whole, and all materials that are part of our Service (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by ClosingMark or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and ClosingMark reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of ClosingMark.
    2. User Generated Content. You acknowledge that UGC may be used as testimonials or for other marketing purposes.
    3. Photography & Filming.  By entering any event premises, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other similar purpose by ClosingMark. You release ClosingMark, its officers, employees and agents from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or sound recordings. By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose. You also waive any right to inspect or approve any photo, video, or audio recording taken by ClosingMark or the person or entity designated to do so by ClosingMark. No photo or video will be published if publication of such photo or video would be offensive to people of ordinary sensibilities or is defamatory. You have been fully informed of your consent, waiver of liability, and release before entering ClosingMark' property or hosted event. 

  4. PROHIBITED USE

    1. ClosingMark imposes certain restrictions on your permissible use of our Service.  You are prohibited from violating or attempting to violate any security features of our Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of all or any part of our Service (i.e. the Website), or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using our Service or Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website or another part of the Service; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ClosingMark in providing our Service; (g) selling or otherwise distributing any data obtained from any ClosingMark database; or (h) incorporating data from any database belonging to ClosingMark into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express, and written consent.  Any violation of system or network security may subject you to civil and/or criminal liability.  Without limiting the foregoing, you may not use “bots,” “crawlers,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Service and only for purposes consistent with this Terms of Use.  You may not circumvent any access or use restrictions, data encryption or content protection related to our Service.  You may not data mine our Service or in any way cause harm to our Service.
    2. Except as expressly noted herein, you may not copy, reproduce, publish, upload, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website, except that you may display and, subject to any expressly stated restrictions or limitations relating to specific Content, download or print portions of the Content solely for your own non-commercial use or your purchase of a home.  You further agree not to change or delete any proprietary notices from any Content permissibly downloaded from our Website.  Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without ClosingMark’ express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.  Any violation of the foregoing will subject the user to the possibility of full prosecution under applicable law.

  5. SITE ACCESS, SECURITY, RESTRICTIONS AND PASSWORDS
    You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

    Violations of system or network security may result in civil or criminal liability. ClosingMark will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or the Service or any activity being conducted on this Website or the Service.

    In the event access to the Website, Service, or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by ClosingMark. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by ClosingMark at any time with or without cause. You agree to defend, indemnify and hold ClosingMark harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by ClosingMark arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

  6. EQUAL HOUSING OPPORTUNITY
    ClosingMark is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin and all loans advertised by ClosingMark are available on an equal opportunity basis. In addition, ClosingMark is committed to its compliance with the laws and regulations of other jurisdictions that may add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and the like.

  7. TERMINATION AND DENIAL OF ACCESS
    This Terms of Use is effective unless and until terminated by ClosingMark.   ClosingMark reserves the right to terminate your access at any time (for any reason or for no reason).  In particular, and without limitation, ClosingMark may terminate your access upon your non-compliance with the terms and conditions of this Terms of Use or if you violate ClosingMark; rights or the rights of any other party.  In the event of termination or denial of access by ClosingMark, you are no longer authorized to access our Service, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Terms of Use, shall continue in force.

  8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
    ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN “AS IS” BASIS (UNLESS REQUIRED BY LAW OR SUBJECT TO WARRANTIES ACTUALLY PROVIDED TO YOU BY CLOSINGMARK).  CLOSINGMARK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM OUR SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.  YOUR USE OF OUR WEBSITE AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK.  WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.

    FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY.  YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS WEBSITE.  LIKEWISE, CLOSINGMARK DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES.  CLOSINGMARK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

    SOME STATES/JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

    UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL CLOSINGMARK OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES, EVEN IF CLOSINGMARK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IF YOU ARE DISSATISFIED WITH OUR SERVICE, OR ANY MATERIALS MADE AVAILABLE ON OUR SERVICE, OR WITH ANY PART OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.

    WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF CLOSINGMARK FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO CLOSINGMARK FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.

    THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    1. Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.
    2. ClosingMark makes no representation that content or materials in the Service are appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from other jurisdictions, You do so on Your own initiative and are responsible for compliance with applicable local laws. ClosingMark is not responsible for any violation of law. You also agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ClosingMark, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
  9. RELEASE AND INDEMNIFICATION
    IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE CLOSINGMARK AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SUPPLIERS, VENDORS, ATTORNEYS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.

    YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE OUR WEBSITE OR SERVICES, YOUR BREACH OF THIS TERMS OF USE, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO OUR WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE.   CLOSINGMARK HAS NO DUTY TO REIMBURSE, DEFEND, INDEMNIFY, OR HOLD YOU HARMLESS RESULTING FROM, RELATING TO, OR ARISING OUT OF, THE TERMS AND CONDITIONS OF THIS TERMS OF USE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.  THIS SECTION SURVIVES TERMINATION OF THIS TERMS OF USE.

  10. GOVERNING LAW
    We designate, to the extent that any jurisdiction required designation, our Irvine office as our principal office. Any disputes concerning this Website and the information in or use of it shall be governed by California law (without regard to conflicts of law principles), in any proceeding which may arise out of or in connection with this Website and shall be brought solely in a court in Orange County, California.

  11. CLASS ACTION WAIVER
    EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR YOUR USE OF THE SERVICE.

  12. BINDING ARBITRATION

    1. Any controversy between you and ClosingMark regarding (1) the construction, application or performance of any services under these Terms of Use, and (2) any claims arising out of or relating to this Terms of Use or its breach (each a “Claim”), shall be submitted to binding arbitration upon the written request of either party after the service of that request on the other party without resort to the courts. Any election to arbitrate by one party will be final and binding on the other. This is a self-executing agreement. This arbitration agreement is made pursuant to and shall be governed both procedurally and substantively by and interpreted under the Federal Arbitration Act (9 U.S.C. § 1, et seq. the “F.A.A.”) to the exclusion of any inconsistent state law, regulation, judicial decision or arbitration service rule. The award of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, enforceability, formation, execution, estoppel and waiver and all other issues based on, arising out of or related to this agreement to arbitrate, including without limitation any claim that all or part of this agreement to arbitrate is unconscionable, void or voidable. To the extent not inconsistent with the F.A.A., the arbitration shall be heard and determined through and under the rules of JAMS Dispute Resolution, and the arbitration will be conducted in the County of Orange, State of California unless the parties agree to video, phone and/or internet connection appearances.
    2. Except as otherwise provided in this Terms of Use, (i) you and ClosingMark may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law
    3. Limitations. You and ClosingMark agree that any arbitration will be limited to the Claim between you and ClosingMark, individually. YOU AND CLOSINGMARK AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
    4. Exceptions to Arbitration. You and ClosingMark agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or ClosingMark' intellectual property rights; and (ii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
    5. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to the arbitrator. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
    6. Severability. You and ClosingMark agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 12, subdivision (d), that portion will be severed and the remainder of this Section 12 will be given full force and effect. If Section 12, subdivision (d) is found to be illegal or unenforceable, then neither you nor ClosingMark will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction as described in Section 10.

  13. THIRD PARTY LINKS
    This Website may include links to other Internet sites maintained by third parties (“Linked Sites”). ClosingMark does not have any control nor any responsibility over any Linked Site, and ClosingMark shall not be liable for the accuracy or availability of information provided by or on Linked Sites. Any Linked Sites are provided merely as a convenience to Users and do not constitute an endorsement by ClosingMark of any Linked Site or the content, products, advertising, or other materials presented on any Linked Site, including any changes or updates thereto.  You access Linked Sites at your own risk and by accessing them, you leave this Website.

  14. MODIFICATIONS TO OUR WEBSITE OR SERVICES
    ClosingMark reserves the right at any time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice in our sole discretion.  You agree that ClosingMark shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service.

  15. MISCELLANEOUS
    Headings in this Terms of Use are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between ClosingMark and you or any other person or entity.  Our failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  This Terms of Use, including the other policies referenced herein, shall constitute the entire agreement and understanding between ClosingMark and you with respect to use of our Service, unless and until superseded by a written agreement signed by both you and ClosingMark.   ClosingMark may assign its rights and duties under this Terms of Use to any party at any time without notice to you.  This Terms of Use is binding on the parties hereto and their successors and assigns.  If any provision in this Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  16. ENTIRE AGREEMENT
    Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ClosingMark with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ClosingMark with respect to the Website and Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

  17. COMPLAINTS OR CONCERNS
    If you have any complaints or concerns regarding our Website or Services, please contact us at  (800) 445-6973 . For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.