Title365 Signings Terms of Use
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE TITLE365 SIGNINGS PLATFORM ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE PLATFORM (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER.
We welcome you to the website operated by Title365 Signings, Inc. ("Title365 Signings") on the website ("Website"). The Website includes various webpages operated or maintained on behalf of Title365 Signings where certain services may be provided (collectively "Services"). By accessing the Website and any pages thereof, including registering as a user to receive additional information or enhanced Services, you agree to be bound by these Terms of Use, as updated from time to time ("Terms of Use"). The term "you" shall refer to you the user, and the terms "we", "us", or "our" shall refer to Title365 Signings. If you do not agree to the Terms of Use, please do not use the Services. Any continued use of the Website after changes have been made to these Terms of Use will constitute your acceptance of such changes. The Services provided will be subject to the following conditions:
You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with the Website and/or Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile or disassemble, the Website and/or Services or any portion thereof; and (iii) never sell, sub-license, publish or otherwise distribute, in whole or in part, or grant a security interest in, or otherwise transfer rights to the Website and/or Services or any portion thereof to any third party.
You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided.
Notices of copyright infringement should be sent as follows: Title365 Signings.
401 E. Corporate Drive #245
Lewisville, Texas 75057
Attn: Copyright Agent
Phone: (800) 758-8052
E-mail: compliance@title365.com
If you give notice of copyright infringement by text or e-mail alone, the copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Based on our findings, as the result of any claim or allegation of copyright infringement, we reserve the sole right and discretion to remove content from the Website, and immediately terminate any use of the Website with regard to anyone who repeatedly engages in copyright infringement.
Website Users.
In order to use the Website you must have reached the age of majority and be a resident of the United States. Anyone under the age of 18 is prohibited from use of the Website.Web Content and Materials.
The information maintained on the Website is intended to provide users with information about Title365 Signings' products and services. The information and material maintained on the Website is subject to change without notice. Not all of the products or services described on the Website are available in all geographic areas. No solicitation is made to any person utilizing the Website to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products or services is prohibited by law.No Agency Relationship.
These Terms of Use do not create an agency relationship and do not impose a financial obligation on you or create any representation agreement between you and Title365 Signings.User Name and Password.
To receive access to certain information or Services on the Website, you must register and establish a user name and a password, the combination of which must be different from those of all other registrants on the Website. Additionally, you must maintain the security of the user name and password at all times, notify Title365 Signings in the event your user name or password is lost or stolen at any time, and agree to accept responsibility for all activities that occur under your user name and password.Valid E-mail Address.
If you opt to register as a user on the Website, you must provide a valid email address as part of your registration. You may be permitted to access certain portions of the Website only after we have verified that the email address you provided is valid and your agreement to these Terms of Use is confirmed.Access Management.
We must, at all times, maintain a record of the name, telephone number and email address supplied by you, and the user name for each registrant. Such records will be kept and maintained for not less than 180 days after the expiration of the validity of your password or otherwise.Data Validation.
Information on the Website is deemed to be valid and reliable, but is not guaranteed. It is your sole responsibility to independently confirm and verify all information upon which you may rely or use from the Website. We do not review or approve listing enhancements.Financial Obligation/Agency Relationship.
Any agreement entered into at any time between you and Title365 Signings that imposes a financial obligation on you must be established and agreed upon separately from these Terms of Use, must be prominently labeled and may not be accepted or entered into by you solely by mouse click, "click" agreement or any other form of non-signature method.Technological Issues.
The Website may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In our sole discretion, the Website may cease to operate for any amount of time, and limitations upon the functionality or use of the Website by the end user may result. Any decision to cease the activity of the Website is solely at our discretion.No Unlawful or Prohibited Use.
As a condition of your use of the Website, you represent and warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the applicable terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, compromise or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.Site Administration/Submissions.
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Website or its associated services (collectively "Submissions"). However, you hereby grant us (including, without limitation, our affiliates and necessary sublicensees) an irrevocable, perpetual, royalty-free license to use all information you provide via posting, uploading, inputting, providing, or submitting your Submissions, in connection with the operation of our businesses, including, without limitation, the rights to: (a) copy, distribute, transmit, reproduce your Submissions; and, (b) sublicense these rights in accordance with applicable law.Linked Site Statement.
Links to websites other than the Website are provided solely as suggested guidance toward information on topics that may be useful to users of the Website, and we have no control over, and expressly disclaim the endorsement of, the content on such websites. If you choose to link to a website not controlled by us, we make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to other websites do not imply, and we expressly disclaim, any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites.Intellectual Property.
Title365 Signings, its affiliates, successors and assigns, as the developer and host of the Website, owns or licenses all other intellectual property rights related to the Website, including the look and feel of the Website and its underlying software, as updated and modified from time to time. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Use. Except for the limited license granted herein, Title365 Signings grants no license or other authorization to the respective trademarks, service marks, copyrightable material, trade secrets or other intellectual property by placing them on this Website.You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with the Website and/or Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile or disassemble, the Website and/or Services or any portion thereof; and (iii) never sell, sub-license, publish or otherwise distribute, in whole or in part, or grant a security interest in, or otherwise transfer rights to the Website and/or Services or any portion thereof to any third party.
You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided.
Privacy.
Please review the Privacy Notice. The Privacy Notice governs your use of the Website and explains our practices.Electronic Communications.
When you use the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, instant messaging, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.Applicable Law.
By using the Website, you agree that applicable federal law and the laws of the State of Texas, without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. You agree that venue for any disputes shall be located exclusively in Denton County, Texas and expressly waive any right to claim that such forum is inconvenient.MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and Title365 Signings agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 15 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at compliance@title365.com, and provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to a Platform account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the “Initial Dispute Resolution” provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 15.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of Title365 Signings shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Filing a Demand. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) send one copy of the Demand for Arbitration to us at:
401 Corporate Drive, Suite 245
Lewisville, Texas 75057
Attn: Kirby Hulbert
401 Corporate Drive, Suite 245
Lewisville, Texas 75057
Attn: Kirby Hulbert
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Title365 Signings will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Title365 Signings will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TITLE365 SIGNINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at compliance@title365.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of Platform account creation. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Title365 Signings also will not be bound by them.
Changes to This Section. Title365 Signings will provide thirty (30) days' notice of any changes to this section by posting on the Platform. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver”, and the court or arbitrator shall apply the first “Mandatory Arbitration and Class Action Waiver” section in existence after you began using the Platform.
Survival. This “Mandatory Arbitration and Class Action Waiver” section shall survive any termination of your use of the Platform.
Non-Waiver.
Our failure to exercise or enforce any provision or right set forth in these Terms of Use does not constitute a waiver of that right or provision.Assignment.
Title365 Signings may assign these Terms of Use, in whole or in part, at any time with or without notice to you.Disclaimer of Warranties.
THE INFORMATION AND SERVICES CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. ACCESS TO THE WEBSITE AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR REASONS BEYOND OUR CONTROL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THIS WEBSITE, ITS INFORMATION AND MATERIALS. TO THE FULL EXTENT PERMISSIBLE AT LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY ACTION TAKEN AS A RESULT OF USING THE SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Title365 Signings, ITS EMPLOYEES, AFFILIATES, LICENSORS, WEBSITE VENDOR OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.Limitation of Liability.
IN NO EVENT WILL Title365 Signings BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) TO THE USER AND/OR ANY THIRD PARTY, ARISING IN CONNECTION WITH THIS SITE OR USE HEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL WE, OUR EMPLOYEES, LICENSORS, WEBSITE VENDOR OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST US, OUR EMPLOYEES, LICENSORS, WEBSITE VENDOR OR AGENTS WITH RESPECT TO THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.Copyright Infringement.
We respect the intellectual property rights of others, and expect you as a registrant to do the same. To the extent anyone believes that his/her work has been reproduced on the Website in a way that constitutes copyright infringement, he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:- A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit Title365 Signings to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be sent as follows: Title365 Signings.
401 E. Corporate Drive #245
Lewisville, Texas 75057
Attn: Copyright Agent
Phone: (800) 758-8052
E-mail: compliance@title365.com
If you give notice of copyright infringement by text or e-mail alone, the copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Based on our findings, as the result of any claim or allegation of copyright infringement, we reserve the sole right and discretion to remove content from the Website, and immediately terminate any use of the Website with regard to anyone who repeatedly engages in copyright infringement.