Terms of Use

Agreement to Terms. We created the Old Republic Financial Acceptance Corporation Internet Site (referred to as the "Site") for the use and convenience of our customers, prospective customers and agents. By accessing this Site you agree to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

This Site presents information and content that is the property of Old Republic Financial Acceptance Corporation and its Affiliates ("ORFAC"). When used in these Terms of Use, "we" and "our" mean ORFAC.

Internet Privacy Policy. At Old Republic Financial Acceptance Corporation, we recognize that you may have concerns about privacy. Our physical, electronic and procedural safeguards are designed to protect personally identifiable information that you provide us through this web site. We may need to share your information with others in order to fulfill your requests, but we will share it only with persons or companies with a legitimate business reason to have your information. We may also share your information if required or allowed to do so by law.

Any questions concerning this policy may be submitted to Old Republic Financial Acceptance Corporation through this web site.

Copyright. All of the information and content on this Site, including but not limited to all text, documents, graphics, software applications, video and audio files, photos and the "look and feel" of the Site ("Content") is ORFAC's property, or the property of our suppliers, and is protected by copyright under both United States and foreign laws, unless otherwise indicated. Any use of such content requires the written permission of ORFAC. All rights are reserved. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and proprietary notices. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without the prior written permission of ORFAC.

Third-Party Sites. The Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ORFAC, and you acknowledge that ORFAC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by ORFAC or any association with its operators.

Children. This Site does not intend to market any ORFAC products or services to children. ORFAC does not knowingly gather, or solicit data, from children through this Site for marketing purposes.

NO WARRANTY. WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS SITE. HOWEVER, ALL CONTENT ON THIS SITE, OR ON ANY OTHER SITE TO WHICH WE LINK, IS FURNISHED ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR THE FUNCTIONS OF THIS SITE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS SITE, OR ANY OTHER SITE TO WHICH WE LINK, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY. IN USING THIS SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD ORFAC LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY USE BY YOU OF THIS SITE (OR ANY OTHER LINKED SITE), WHETHER THOSE DAMAGES ARE FINANCIAL IN NATURE OR RESULT FROM LOST, INCOMPLETE OR INTERRUPTED DATA OR TRANSACTIONS. THIS LIMITATION ON ORFAC’S LIABILITY MAY BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.

Changes. The Content on this Site, and these Terms of Use, are subject to change or updating by ORFAC at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Additional Information. All information, other than personal information subject to ORFAC's Internet Privacy Policy, submitted to ORFAC through this Site or any related ORFAC Site is the property of ORFAC. ORFAC shall be free to use any ideas, concepts, know-how or techniques that you may submit to ORFAC through this Site to improve our services. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in ORFAC's Internet Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Viruses. Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. We are not responsible or liable for any damage caused by such hazards.

Security. We welcome your e-mail correspondence. But Internet and e-mail communications are not confidential. It is possible that information transmitted to us may be read or obtained by other parties. In an attempt to protect your privacy, our e-mail responses do not include personal account information such as social security numbers or account numbers.

Indemnification. Upon a request by ORFAC, you agree to defend, indemnify, and hold harmless ORFAC, its ultimate parent corporation, Old Republic International Corporation and all of its subsidiaries, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site. ORFAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ORFAC in asserting any available defenses.

Content. Statements made in Internet sites, newsgroups, message boards, e-mail, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, or Merchants appearing on ORFAC are not authorized ORFAC spokespersons, and their views do not necessarily reflect those of ORFAC.

Licenses and Idea Submissions. You agree to grant to ORFAC a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of ORFAC (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against ORFAC for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Third Party Rights. The provisions of the Sections entitled No Warranties, No Liability and Indemnification are for the benefit of ORFAC and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

International Use. ORFAC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Limited License. By this Agreement, ORFAC grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Site in real time and to use the materials on this Internet site in a manner consistent with this Agreement.

Electronic Means. You and ORFAC desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by ORFAC and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.

Indemnification and Force Majeure.Neither ORFAC nor any independent provider/transmitter of Information shall be liable in any way, and you agree to indemnify and hold harmless ORFAC and its subsidiary, other affiliated companies, the independent providers/transmitters and all employees, contractors, officers, and directors thereof (the "Indemnitees") for (1) any inaccuracy, error, or delay in, or omission of (a) any Information, or (b) the transmission or delivery of Information; (2) any loss or damage arising from or occasioned by (a) your use or misuse of the Site as well as any such inaccuracy, error, delay, or omission, or (b) any non-performance, or interruption of Information due either to any negligent act or omission by the Indemnitees or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of the Indemnitees.

Severability and Integration. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and ORFAC with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ORFAC with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Notice Specific to Software Available on the Site. Any software that is made available to download from this server ("Software") is the copyrighted work of ORFAC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ORFAC CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Notices Regarding Software, Documents and Services Available on the Site. IN NO EVENT SHALL ORFAC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

Termination. ORFAC reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

Choice of Law and Forum. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates ORFAC's rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. impersonates any person or entity, including any employee or representative of ORFAC.

You also agree that you will not harvest or collect information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.

ORFAC generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, ORFAC and its agents have the right, at their sole discretion, to remove any content that, in ORFAC's judgment, does not comply with the Rules of Conduct or is otherwise harmful, objectionable, or inaccurate. ORFAC is not responsible for any failure or delay in removing such content.