This Terms and Conditions of Use (“Terms”), including our Privacy Policy contained herein (together, the “Agreements”) are between you and Title-Chain, LLC (“Company,” “we,” “us,” our”) and affect your legal rights, including your agreement to resolve any disputes that may arise between us by individual arbitration rather than class action and/or jury trial. The effective version of the Agreements can be found on Company’s website.
By using the Company’s website, services, and/or software applications (together, the “Company Services” or “Services”) and/or accessing any content made available by Company through the Services (the “Content”), you are entering into a binding agreement with Company. You further acknowledge that you have read, understood, and agree to be bound by the Agreements. If you do not so agree, then you may not use the Company Services or consume any Content. Supplemental terms and conditions may be posted on Company’s website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Agreements at any time and for any reason, and you hereby agree to waive any right to receive specific notice of each such change(s). It is your responsibility to periodically review these Agreements to stay informed of updates. Any changes to the Agreements will be noted by updating the “Last updated” date of either or both Agreements. Should you continue to use the Services and/or access the Content after the date such revised Agreement(s) are posted, you will be deemed to have been made aware of and agreed to such modifications.
The Agreements cover important information about the Services and Content provided by Company, as well as any charges, taxes, and fees we bill to you. In order to use the Services and/or access the Content, you need to be of an age of majority, have the ability to enter a binding contract with us, and be a resident in the United States. You further agree that any information that you submit to Company is accurate and complete.
Company provides title chain services through its website and/or software applications. Certain aspects of the Company Services are provided free-of-charge, whereas other Company Services require payment before you can access them. The Company Services that may be accessed after payment are referred to as the “Paid Services,” and the Company Services that do not require payment are referred to as the “Free Services.” To the extent Company elects to use a subscription-based model for its Paid Services, you may cancel your subscription to the Paid Services by contacting Company through its website.
The Company Services and Content are the intellectual property rights of Company or Company’s licensors, including any copyrights, trademarks, service marks, logos, and/or patents contained therein. Except as expressly provided in these Terms, no part of the Services or Content may be copied, reproduced, publicly displayed, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services and/or Content, you are granted a limited, nontransferable license to access and make personal use of the Content and to download or print a copy of any portion thereof. This license shall remain in effect until and unless terminated by you or Company. The Company software applications and the Content are licensed, not sold, to you, and Company and its licensors retain ownership of all copies of the Company software applications and Content even after installation on your personal computer, mobile handset, tablet, and/or other relevant device. We reserve all rights not expressly granted to you.
Third-party software, such as licensed plugins and/or open source software libraries, included in the Company Services and/or Content are licensed to you either pursuant to Terms or under the relevant third-party’s license terms.
You may be required to register with Company and/or Company’s website prior to using the Services and/or accessing the Content. You agree to keep your password confidential and your account for personal use only. You will be responsible for all use of your account and password. By using Company’s Services, you represent that: (1) your registration information is accurate and current; (2) you will maintain the accuracy of your registration information and promptly update such information upon any changes thereto; (3) you are of an age of majority, have the capacity to enter into this agreement, and agree to comply with these Terms; (4) you will not access the Company’s Services through any bots, scripts, or other automated means; and (6) you will not use the Services and/or Content for any illegal or unauthorized purposes. We reserve the right to terminate your account and/or refuse access to the Services or Content for violating these representations.
The following is not permitted for any reason whatsoever: 1) making any use of the Company Services or the Content which is not expressly permitted under the Terms, applicable law, or which otherwise infringes Company’s intellectual property rights; 2) reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Company Services, Content or any part thereof; 3) circumventing any technology used by Company, its licensors, or any third party to protect the Content or the Services; 4) selling, renting, sublicensing or leasing of any part of the Company Services or the Content; 5) providing your password to any other person or using any other person’s username and password; and/or 6) systematically retrieve data or other Content from Company’s website to create or compile a collection, compilation, database, or directory without written permission from us.
If you believe that any Services and/or Content infringe your intellectual property rights, you agree to immediately notify Company of same. If Company is notified by a copyright holder that any Content infringes a copyright, Company may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Company with a request to restore the removed content.
Company will make reasonable efforts to keep the Company Services operational. However, routine maintenance and/or technical difficulties may result in temporary interruptions to the Services. Company reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Company Services, with or without notice, all without liability to you, for any interruption, modification, or discontinuation of the Company Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Services that Company permanently discontinues prior to the end of the prepaid period, Company will refund you for that period of time in which the Paid Services were discontinued. You understand, agree, and accept that Company has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific Content through the Services.
You agree that any submissions, comments, suggestions, feedback, or other information provided by you to Company (“Submissions”) are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
By using Company’s Services and/or Content, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and/or posted separately on Company’s website. Please be advised that Company’s website is hosted in the United States. If you access Company’s Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you expressly consent to the transfer and/or use of such data in the United States. We do not knowingly accept, request, or solicit information from children, nor do we knowingly market to children. In accordance with the Children’s Online Privacy Protection Rule (currently codified as 16 CFR 312), if we receive actual knowledge that a minor has provided personal information to us without parental consent, we will delete that information as quickly as is reasonably practical. To the extent there are any conflict between the privacy terms identified in the Terms versus a separate standalone Privacy Policy posted on Company’s website, the standalone Privacy Policy shall control.
For customer support with any account and/or payment questions, please contact Company directly via the telephone number and/or email address provided on Company’s website. We make reasonable endeavors to respond to all such queries within a reasonable time frame, but make no guarantees or warranties of any kind that any such queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Payments for use of Paid Services and/or subscriptions may be purchased directly from Company (or through a third-party vendor) by: (1) pre-paying for access to the Services and/or Content for a specific time period or for a specific project or (2) if offered by Company, paying a monthly subscription fee. Unless stated otherwise by Company, paid subscriptions shall automatically renew at the end of the subscription period unless you contact Company and cancel before the end of the current subscription period, with such cancellation taking effect the day after the last day of the current subscription period. However, if you cancel your payment or subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
Company may change the price for the paid subscriptions (for periods not yet paid for) and/or paid Services from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept and/or refuse those changes. Price changes for paid subscriptions take effect at the start of the next subscription period following the date of the price change. You agree to accept the new price by continuing to use the Company Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing prior to the price change going into effect.
These Terms shall remain in full force and effect while you use the Company’s Services and/or Content. However, Company may terminate the Agreements or suspend your access to the Company Services at any time, including in the event of your actual or suspected unauthorized use of the Company Services and/or Content or non-compliance with the Agreements. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account without express authorization from Company, even if you may be acting on behalf of a third party. Any sections of the Agreements that, either explicitly or by their nature, must remain or are intended to remain in effect even after termination of the Agreements shall survive termination.
COMPANY SHALL ENDEAVOUR TO PROVIDE THE BEST SERVICE IT CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICES AND/OR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICES AND/OR CONTENT AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION NOR DOES IT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY ON BEHALF OF COMPANY BEYOND WHAT IS CONTAINED IN THE AGREEMENTS. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES AND/OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE PERIOD ANY CAUSE OF ACTION AROSE, OR $500.00 USD. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
These Agreements and your use of the Services and/or Content are governed by and construed in accordance with the laws of the State of Arkansas applicable to agreements made and to be entirely performed within the State of Arkansas, without regard to its conflict of law principles. Further, you and Company agree to the jurisdiction of any state or federal court located in Crawford County, Arkansas to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration as noted below.
This Arbitration Agreement applies only to users in the United States. You and Company agree that any dispute, claim, or controversy between you and Company arising in connection with or relating in any way to these Agreements or to your relationship with Company as a user of Company’s Services and/or Content will be determined by mandatory binding individual (not class) arbitration. You and Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements. Notwithstanding the foregoing, you and Company both agree that nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.
Either you or we may start arbitration proceedings. Any arbitration between you and Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Company can also help put you in touch with the AAA. Any arbitration hearings shall occur take place in Crawford County, Arkansas, however, both parties agree that you may appear for any hearing, meeting, or other appearance by telephone and/or video conference. You and Company agree to split any arbitration fees, including arbitrator compensation, unless otherwise required by AAA rules or court order. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
A party who intends to seek arbitration must first send written notice of the dispute to the other, by certified mail or commercial carrier (signature required). Company's address for Notice is located on its website. The Notice must describe the nature and basis of the claim or dispute; and set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. The prevailing party in the arbitration shall be entitled to all costs and fees, including attorneys’ fees, associated with same. In the event our dispute is finally resolved through arbitration in your favor, but the arbitrator issues you an award that is less than the value of Company’s last written settlement offer issued 30 days or more before such ruling or judgment, then you shall be responsible for Company’s costs and fees, including attorneys’ fees, associated with the arbitration.
If this arbitration agreement is invalidated in part, the parties agree that the remaining terms shall still apply. If the arbitration agreement is invalided entirely, then the exclusive jurisdiction and venue described in the previous section shall govern any claim in court arising out of or related to the Agreements.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services and/or Content; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services and/or Content. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Company for the purpose of managing the performance of the Services and/or Content, as well as data relating to your use of the Services. Although we may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on their Company’s website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE COMPANY’S WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Other than as stated herein or as explicitly agreed upon in writing between you and Company, the Agreements constitute all the terms and conditions agreed upon between you and Company and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If you have any questions concerning the Company’s Services, Content, and/or the Agreements, please contact Company directly through the contact information set forth on Company’s website.