User Agreement & Terms of Service
User, please, carefully review the customer agreement below
Notice to user:
The following is a service agreement between the customer and EasyTitleSearch.com. By ordering a service on EasyTitleSearch.com website, you accept all of the terms and conditions of the agreement listed below, including but not limited to pricing, refunds, billing, product options and EasyTitleSearch.com responsibilities. The terms of the agreement are listed herein. EasyTitleSearch.com may be referred as "the Company", in turn you, the customer, may be referred to as "customer" or "user". Our web site will provide you with title search services, which may include document searches, abstract services, document copy ordering and billing processing services, if you agree to the conditions of the agreement below:
The website and services offered are owned and copyrighted by EasyTitleSearch.com. EasyTitleSearch.com reserves the rights to all web site's software and underlying data and information contained on the website.
2. Download and Copying.
Customer shall take appropriate steps to prevent any unauthorized use of your account. Our website will grant you permission to access, copy, print and save documents ordered as a part of the paid service.
EasyTitleSearch.com reserves the right to post changes to any prices or fees. Due to various service price structures, each service is charged separately to user. User is fully responsible for any unpaid balance for our services. Customer will be liable for any additional taxes or shipping charges associated with provided service. These changes will be shown to the customer before the final billing transaction.
Payment for services will be due before each ordered service is delivered. Customer shall be charged per each service individually for each service. The billing processing will be initiated after customer submits the order for processing by choosing the "Order Confirmation" option.
5. Term and Termination.
EasyTitleSearch.com will terminate this agreement in the case of violation of the terms and conditions accepted by a customer OR in the case of faulty information provided by a customer OR any unlawful actions performed by a customer. Written petition to restore the account to EasyTitleSearch.com must be made via e-mail or fax with a signed copy of this agreement.
6. Disclaimer of Warranty.
(a) Warranty. EasyTitleSearch.com warrants that the data provided as a part of the service to the user is obtained legally via publicly viewable information without violating 3rd party intellectual property rights. EasyTitleSearch.com will use commercially available resources to gain access to required information as a part of the service to the customer. EasyTitleSearch.com does not warrant against improper indexing practices, incomplete or incorrect index data entered by a county recorder or clerk. EasyTitleSearch.com is not responsible for inconsistent documents due to errors in the specified name or property address or parcel number for the title search.
(b) Disclaimer. The service offered by EasyTitleSearch.com is offered in "as-is" condition without any warranty for provided documents. EasyTitleSearch.com performs the document search to the best practices and abilities within a company. EasyTitleSearch.com does not guarantee that the documentation will be without errors or will have a complete set of documents as a part of the service. EasyTitleSearch.com is not liable for any loss due to errors or omissions as a part of our service, whether these errors or omissions resulted from negligence, errors, accident or other causes.
7. Limitation of Liability.
EasyTitleSearch.com total liability for the given service must not exceed the amount paid by the customer for this service. Customer has 20 days to file for refund. A written refund letter must be submitted along with a signed copy of this agreement. The correspondence should be send by e-mail or fax to EasyTitleSearch.com. In the case of multiple claims, the limitation rules per service still apply.
In the case of 3rd party claims against EasyTitleSearch.com, due to any customer use (or misuse) of the services provided by EasyTitleSearch.com, the Customer agrees to indemnify EasyTitleSearch.com from any such claims.
(a) The Customer agrees that no modifications or amendments can be made to this agreement without a written noticed signed by both parties. EasyTitleSearch.com reserves the right to change the above agreement after a 30 day notice to the user.
(b) EasyTitleSearch.com is not liable for any service processing delays due to unforeseen circumstances, such as emergencies, health conditions, county office schedules or access restrictions. EasyTitleSearch.com will notify the Customer if any unforeseen delays are encountered while providing the services contracted for.
10. Turnaround time on the Product.
(a) The Customer understands that typical turnaround for each service is 6-48 business hours. The start time per product starts at 10:00am EST if the order is placed after hours. The start time per product starts Monday at 10:00am EST if the order is placed over the weekend.
(b) The Customer understands that order may be delayed due to common name ownership, rural county, complex search with Title issues.
These Terms and Conditions
govern your use of, access to, and purchases from the following Web site:
www.easytitlesearch.com (“SITE”, “we”, or “us.”). References to the user of the
Site or purchaser of any service or product shall be by the terms client, “you”
IMPORTANT! By accessing,
using, viewing, reading, printing, purchasing, or downloading any material from
the SITE, you agree to be bound by these Terms and Conditions. This Agreement
is intended to be governed by the Electronic Signatures in Global and National
Commerce Act (E-Sign Act). You manifest your agreement to these Terms and
Conditions by any act demonstrating your assent thereto, including clicking any
button containing the words “I agree” or similar syntax. You may submit a paper
copy of this transaction and print this form for your personal records. You
have the right to withdraw your consent to use the E-Sign Act by emailing us.
Your consent to use the E-Sign Act is limited to providing the information on this
form. Access to this electronic record requires a simple browser program such
as Internet ExplorerTM or NetscapeTM and a computer.
These Terms and Conditions
are subject to change by the SITE without prior notice, at any time, in its
discretion. Notification of any changes will be posted on this page. You agree
to review this page periodically to be aware of such changes. If these changes
are unacceptable to you, you must exit the SITE. Your continued use of the SITE
following the effective date of any such changes constitutes your full
acknowledgment and acceptance of these changes.
If you do not agree to be
bound by these Terms and Conditions, you must exit the SITE immediately, you
may not use or access the SITE, and you may not purchase any goods or services
from the SITE. Please consult these Terms and Conditions regularly and read
them carefully before using the SITE. You affirm that you have read this
Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible
for obtaining access to the SITE and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including the fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the SITE.
A real estate transaction
cannot proceed from start to finish without legal judgments and conclusions
being made. Certain activities incident to a real estate transaction can, in
isolation, be performed by a non-lawyer, but the transaction as a whole is a
legal service which should be done by or under the supervision of an attorney
with whom the parties have an attorney-client relationship. This means that an
attorney should review all information and documents, as well as attend the
closing at which the parties execute the documents required to close the
transaction or be readily available to respond to any inquiries or issues that
may arise. The SITE does not provide any of these legal services.
Search reports are for
your direct individual use of the client only. Even searches you order at the
request of third parties, such as your bank, attorney, or other entity, are
still provided for your use only. You are solely responsible for ensuring that
the search report is suitable for any use.
It is up to the buyer of
the report to only use the information provided by EasyTitleSearch.com for
lawful purposes. Please review your local laws, as well as Federal legislation
such as the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, Patriot Act, and
other privacy regulations. Since we do not know your intended usage from your
order form, your use of our system is contingent upon your representation that
you understand lawful usage in your area, and agree not to use the data for any
unlawful or prohibited purposes. No information from this site, nor any other
written, oral, or other communication from EasyTitleSearch.com or its officers,
agents, representatives or employees is intended as legal advice.
YOU AGREE AND WARRANT THAT
YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF THE EASYTITLESEARCH.COM SERVICES
TO CREATE, REPLACE, SUPPLEMENT OR ENHANCE ANY TITLE, LEGAL, VESTING, OWNERSHIP
OR ENCUMBRANCE REPORT, NOR AS AN ALTERNATIVE INSURANCE PRODUCT OR APPROACH. THE
SERVICES DO NOT REPRESENT LEGAL ADVICE, INSURANCE, OR REAL ESTATE TRANSACTION
SERVICES. WHERE REGULATED BY LAW, THE SERVICE AND/OR DATA PROVIDED ARE NOT
PROVIDED FOR ANY PROHIBITED USE.
A. Legal Satisfaction
When you use the SITE or
send e-mails to us, you are communicating with us electronically. 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.
By communicating with us,
you consent to receive communications from us electronically. We will
communicate with you by e-mail or by posting notices on this SITE.
SITE will provide basic
real estate information such as legal description, ownership status, valuation,
and parcel identification that the SITE collects from public records. We will
locate as much additional background information on the property you are
seeking as is reasonably available. However, we are limited by the amount and
accuracy of the information that is provided by third party and governmental
sources. Since variations on timing of property record updates exist, it is
possible that some data, such as very recent transactions may not be available.
Your report will capture all data currently available to our sources, but it is
possible that some items will not be non-reported. Reports do not always
contain all details or exhaustive information. Moreover, we access records
controlled by third parties, and report the results to you. The records
contained in public files occasionally contain errors or omissions, and user
specifically holds the SITE harmless from any and all claims, counts, debts,
allegations or causes of action relating to any reliance on the information
provided by third parties or the SITE. This release and hold harmless agreement
shall be binding on all successors and assigns. Please note that some county
and state records may not be available to the SITE due to the scope of information
released by those jurisdictions. Also, down time by third party systems might
result in delayed responses to the search inquiry. Changes in the law may
affect the scope of the results provided, or even the accuracy of the records
delivered. You are paying for our research services, not particular results.
Reports are provided “as is” and refunds will not be provided for incomplete or
inaccurate reports. The SITE specifically disclaims any and all warranties and
guarantees relating to the information provided, and you hereby release the
SITE from any claims relating to such warranties or guarantees. The SITE’s
product does not include a physical property inspection, an appraisal, property
valuation, or an analysis of market conditions. The SITE specifically disclaims
any effort to practice law or real estate in Florida, or any other state, and
emphasizes that SITE’s services is not a substitute for a legal records
abstract or services of an attorney, appraiser or real estate broker. The
operators of the SITE are not licensed professionals. It is up to the buyer of
the report to use the information provided by SITE only for lawful purposes.
Please review your local, state and federal laws, including the Fair Credit and
Reporting Act (15 U.S.C. §1681) as well as laws relating to consumer rights,
before purchasing services from this SITE. Your use of our system is contingent
upon your representation that you understand lawful usage in your area, and
agree not to use the data for any unlawful purposes. Additionally, you must
obtain all necessary licenses, permits, and/or authorizations required by
local, state or federal law prior to purchasing or using the information
provided by the SITE. The SITE disclaims all liability for the use of the
SITE’s product or services, as well as the legality of using the SITE’s product
in user’s jurisdiction. For a complete, legally accurate property title status,
you should contact a local attorney or title insurance company.
SITE performs data
research services only, and does not offer an opinion of title or property. Our
title search services retrieves data from publicly available property records,
not including superior court or civil court records. Client should determine if
superior court or civil court records affect property title. SITE does not
accept liability for errors in municipal records or other indexes used to
compile data. All liability for SITE is limited to price paid for search by
databases have disclaimers similar to this one, for records:
"This index is not
the official record maintained by the Register of Deeds, and should be used
only to locate or identify recorded documents. The index may not reflect every
claim asserted against a particular piece of property, it merely provides key
information taken from recorded documents. The office of the County Register of
Deeds does not guarantee or assure the accuracy of the information contained in
this index, nor does it assure or verify the truthfulness of any information
contained in any recorded document.
Documents referenced in
this index should be reviewed by an attorney, title examiner or other real
estate professionals to determine the interests or claims of any party."
This type of limitation on
search records should be understood by title search clients.
The title search results
are sent after an examination of copies of the public records. But even the
most thorough search cannot absolutely assure that no title hazards are
present, despite the knowledge and experience of professional title examiners.
In addition to matters shown by public records, other title problems may exist
that cannot be disclosed in a search. Some commercial properties may be priced
Other examples of areas of
a real estate transaction which would be beyond the scope of a title search,
and would require a legal opinion from a qualified real estate attorney
include, but are not limited to the following questions:
should title be taken and why?
any easements or covenants restrict the use of the property and in what manner?
local land use regulations affect the property?
happens if the seller fails to deliver as/when promised?
are the rights and responsibilities of the parties under the contract? Deed of
Trust? Deed of Trust Note?
the documents appropriate for the intended transfer?
the correct property being considered?
there issues beyond the scope of the title search that can affect the secure
ownership of the property?
there tax issues respective to the transaction?
searching beyond current owners records necessary?
The Materials are not
necessarily complete and up-to-date and should not be used to replace any
written reports, statements, or notices provided by SITE. Investors, borrowers,
and other persons should use the Materials in the same manner as any other educational
medium and should not rely on the Materials to the exclusion of their own
professional judgment. Information obtained by using this SITE is not
exhaustive and does not cover all issues, topics, or facts that may be relevant
to your goals.
YOU EXPRESSLY AGREE THAT
USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND
SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH,
USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE PRODUCTS
PURCHASED THEREIN. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE
INFORMATION BY SELLERS OR THIRD PARTIES. SITE EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY FOR THE PROPER PERFORMANCE OF SITE’S SERVICES, SITE’S PRODUCT SHOULD
NOT BE EXCLUSIVELY RELIED ON IN A REAL ESTATE CLOSING, AND SITE’S PRODUCT IS
NOT AN APPRAISAL. THE SITE’S PRODUCT REPORT IS COLLECTED FROM PUBLIC RECORDS
AND THE SITE DISCLAIMS ALL LIABILITY AS TO THE ACCURACY OF THOSE PUBLIC
RECORDS. SITE MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME
WITHOUT NOTICE, INCLUDING THE TERMS OF SERVICE. YOU, AND NOT SITE, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF
ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SITE MAKES
NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL SITE (OR
ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER
SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES INCLUDING LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, GOODWILL, OR SIMILAR DAMAGES,
WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR
ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE
PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING
TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SITE AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100
OR THE AMOUNT YOU HAVE PAID TO SITE FOR THE APPLICABLE CONTENT OR SERVICE OUT
OF WHICH LIABILITY AROSE.
You agree to defend,
indemnify, and hold harmless the SITE, its officers, directors, shareholders,
employees, independent contractors, telecommunication providers, and agents,
from and against any and all claims, actions, loss, liabilities, expenses, costs,
or demands, including without limitation legal and accounting fees, for all
damages directly, indirectly, and/or consequentially resulting or allegedly
resulting from your, or you under another person’s authority including without
limitation to governmental agencies, use, misuse, or inability to use the SITE
or any of the Materials contained therein, or your breach of any of these Terms
and Conditions. You agree that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized use, and you agree to
indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorneys’ fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out of your use of
the information accessed from this SITE. We reserve the right to participate in
the defense of such claim at your expense, and to choose our own legal counsel,
but are not obligated to do so.
If there is a dispute
between the parties arising out of or otherwise relating to these Terms and
Conditions, the parties shall meet and negotiate in good faith to attempt to
resolve the dispute. If the parties are unable to resolve the dispute through
direct negotiations, then, except as otherwise provided herein, either party
may submit the issue to binding arbitration in accordance with the
then-existing Commercial Arbitration Rules of the American Arbitration
Association. Arbitral Claims shall include, but are not limited to, contract
and tort claims of all kinds, and all claims based on any federal, state or
local law, statute, or regulation, excepting only claims under applicable
worker’s compensation law, actions for injunctions, attachment, garnishment and
other equitable relief, or unemployment insurance claims. The arbitration shall
be conducted in Palm Beach County, Florida, and conducted by a single
arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the
action shall be responsible for paying all costs for arbitration, including the
arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the
matter is for the collection of a debt owed in which case the prevailing party
shall be awarded its attorneys fees, all arbitration costs and the arbitrator
fees (if applicable), in addition to all other applicable remedies). The
arbitrator shall have no authority to award any punitive or exemplary damages;
certify a class action; add any parties; vary or ignore the provisions of these
Terms and Conditions; and shall be bound by governing and applicable law. The
arbitrator shall render a written opinion setting forth all material facts and
the basis of his or her decision within thirty (30) days of the conclusion of
the arbitration proceeding. This Section shall not apply to any breach (or any
allegation which if true would constitute a breach) of any matter relating to
intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO
TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities
of the parties hereto will bind and inure to the benefit of their respective
assignees, successors, executors, and administrators, as the case may be.
Neither these Terms and Conditions nor any rights granted hereunder may be
sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court
of competent jurisdiction or an arbitrator finds any provision of these Terms
and Conditions, or any portion thereof, to be unenforceable, that provision
will be enforced to the maximum extent permissible and the remainder of these
Terms and Conditions will continue in full force and effect.
No waiver of SITE shall be
deemed a waiver of any subsequent default of the same provision of these Terms
and Conditions. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not
affect the validity or operation of any other term, clause or provision and
such invalid term, clause or provision shall be deemed to be severed from these
Terms and Conditions.
All headings are solely
for the convenience of reference and shall not affect the meaning, construction
or effect of these Terms and Conditions.
These Terms and Conditions
constitute the entire agreement between the parties with respect to your access
and use of the SITE and the SITE’s services, and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. No amendment to or modification of these Terms
and Conditions will be binding unless in writing and signed by a duly
authorized representative of both parties.
SITE reserves the right to
change any of the provisions posted herein and you agree to review these Terms
and Conditions each time you visit the SITE. Your continued use of the SITE
following the SITE’s posting of any changes to these Terms and Conditions
constitutes your acceptance of such changes. The SITE does not and will not
assume any obligation to provide you with notice of any change to these Terms
and Conditions. Unless accepted by SITE in writing, these Terms and Conditions
may not be amended by you.