Terms
The following Terms of Use (“Terms”) govern your use of the Title365 website and mobile applications (“Sites”), content, products and services (“Services”) ofTitle365 Company and its affiliates (“Title365”) that are made available in the United States and its territories and possessions.
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE TITLE365 SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AS WELL AS A FORUM SELECTION CLAUSE AS DETAILED IN THE “CONTROLLING LAW AND SEVERABILITY” SECTION BELOW.
READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICES.
By accessing, downloading, installing, running or using any of these Services, you agree to be bound by these Terms, as updated from time to time. If you do not agree to our Terms, you should not access or otherwise use the Services. Any continued use of our Services after changes or updates have been made to these Terms constitutes your acceptance of such changes. The terms “you” and “your” shall refer to you the user, account creator, authorized signer, authorized representative, and/or delegate, and the terms “we,” “us,” or “our” shall refer to Title365. The following conditions apply:
  1. License. For as long as you remain compliant with all Terms as set forth herein, Title365 grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use our Sites on any personal device that you own or control for your own internal, personal, and non-commercial use, and only in a manner that complies with all local, state, national, and foreign laws, treaties, regulations, and other legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy. If your use of the Services is prohibited by applicable law, then you do not have authorization to use the Services. Title365 is not responsible for unlawful uses of the Services. This license also permits you to access and use any content, information, or related materials that are made available as a part of our Services. Any rights not expressly granted herein are reserved by Title365. This license does not permit you to rent, lease, lend, sell, redistribute or sublicense our Sites and Services.
  2. Users. In order to use our Sites and Services, you must have reached the age of majority and be a resident of the United States. Title365 makes no representations that the Sites and Services are appropriate for use in other locations. Those who access or use the Sites or Services from other locations do so at their own risk and are responsible for compliance with local law. You further agree that you are not a resident of the European Union nor will you use our Sites and Services while present in the European Union. Anyone under the age of 18 is prohibited from using our Services.
  3. Site Content and Materials. The information maintained on the Sites is intended to provide users with information about Title365’s products and services and is subject to change without notice. Not all of the Services described in the Sites are available in all geographic areas. No solicitation is made to any person utilizing our Services 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.
    1. You acknowledge, consent, and agree that Title365 may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of Title365, our agents and affiliates, our users, and the public; and/or (5) to address your requests. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
    2. Title365 is licensed as a Title insurance producer and/or settlement services provider in the states where Title365 offers the Services and related products. Where required, the Services have been approved for use by the applicable departments of insurance, or other governing bodies, and may not currently be available in all states. Title365 makes no representation that the Services and related products are appropriate or available for use outside of the states where Title365 is currently providing services through the Service. If you access the Services from other locations, you hereby acknowledge and agree that you are viewing the Services and related products for general informational purposes only.
    3. In addition, please note that Title365 is prohibited from providing professional services or legal, tax, insurance, or other advice through or relating to this Service. Please consult your professional advisors with questions relating to your use of the Services or policy options.
  4. No Agency Relationship. These Terms do not create an agency relationship and do not impose a financial obligation on you or create any representation agreement between you and Title365.
  5. Data Use. All data and information obtained from our Sites is intended only for your personal, non-commercial use, and shall be used for no other purpose.
  6. User Name and Password. To receive access to certain information or Services, you must register and establish a user name and a password, the combination of which must be different from those of all other registrants of Title365’s Services (“Account”). Additionally, you must maintain the security of the user name and password at all times, notify Title365 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 Account. If you open an Account you will be considered a “Customer”. Your Account is not transferable and use is limited to one household per Account.
  7. Valid E-mail Address. If you opt to register as a user on the Sites, you must provide a valid email address as part of your registration. You may be permitted to access certain portions of the Sites only after we have verified that the email address you provided is valid and your agreement to these Terms is confirmed.
  8. 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 and current password of 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.
  9. Data Validation. Information on the Sites 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 Sites.
  10. Financial Obligation/Agency Relationship. Any agreement entered into at any time between you Title365 that imposes a financial obligation on you or creates an agency representation of you Title365 must be established and agreed upon separately from these Terms, 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. The foregoing notwithstanding, you may enter into an agreement with Title365 using specific technology and software specially designed to comply with the Electronic Signatures in Global and National Commerce Act which permits you to create legally binding agreements through the use of electronic documents and signatures.
  11. Public Comments. To the extent that you post public comments through our Services, you shall act appropriately and will not submit posts which are obscene, false, misleading, not in good taste, violations of Fair Housing or other laws, or which may constitute harassment of any kind. We reserve the sole right to remove any comments deemed to be inappropriate and reserve the right to immediately terminate your access to our Services.
  12. Inaccurate Data. In the event you find information from, through or as a part of our Services to be inaccurate or incomplete, you shall notify Title365.
  13. Payment of Fees/Account Information. In connection with our Sites, you agree to pay all fees and any other charges incurred in connection with the applicable user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and may be nonrefundable, subject to our refund terms set forth in Section 23 below. As a Customer, you agree to provide us accurate and complete information, and to maintain it so that it is accurate and complete at all times. If any information you provide is inaccurate or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services.
  14. User Age Attestation. If you opt to select any of the Title365 provided Services offered through our Sites you attest that you are over 18 years of age or otherwise are of legal age to form a binding contract.
  15. Our Services and Your Responsibilities. All Services offered by Title365 through its Sites are subject to availability and prices may vary.
  16. Payments, Cancellations and Refunds. Any payments required for the purchase of Services offered through the Site must be paid for with a credit card. If you notify us of a cancellation within 24 hours of a purchase of the Services, which is solely your responsibility, we will void, reverse, or credit the charges. You can cancel your purchase (i) by e-mail to clientdirect@title365.com or (ii) by phone at 1-877-365-9365. Your Services will not have been canceled until you receive a confirmation from us, either via email or telephone. Refunds are NOT available more than 24 hours after purchase.
  17. Technological Issues. The Sites may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In our sole discretion, the Sites and our Services may cease to operate for any amount of time, and limitations upon the functionality or use of such Sites and Services by the end user may result. Any decision to cease the activity of any one or all of our Services is solely at our discretion.
  18. No Unlawful or Prohibited Use. As a condition of your use of our Services, you represent and warrant to us that you will not use our Services for any purpose that is unlawful or prohibited by the applicable terms, conditions, and notices. You may not use our Services in any manner that could damage, disable, overburden, compromise or impair our Services or interfere with any other party's use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services. Without limitation, you will not:
    1. Use the Services to harass, abuse, or threaten any other person;
    2. Provide information that is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy;
    3. Use the Services commercially, for benchmarking, or to compile information for any product or service;
    4. Copy, download (other than for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services by any means except as provided for in these Terms or with the prior written consent of Title365;
    5. Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any approved API;
    6. Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
    7. Post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by Title365 in our sole discretion);
    8. Upload or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” or “metering” device, or any malicious code);
    9. Attempt to disable, overburden, or impair the proper working of the Services;
    10. Use the Services to distribute any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Services;
    11. Make available trade secrets or other confidential or proprietary information, or provide any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to insider information, or confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements;
    12. Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity;
    13. Frame, inline link, or similarly display the Services or any portion thereof;
    14. Violate these Terms or any guidelines or policies posted by Title365;
    15. Facilitate violations of these Terms or the Privacy Policy; and/or
    16. Interfere with any other party’s use and enjoyment of the Services.
  19. 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 Sites (collectively "Submissions"). However, you hereby grant us (including, without limitation, our affiliates and necessary sublicensees) an irrevocable, perpetual, royalty-free, worldwide 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, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and (b) sublicense these rights in accordance with applicable law.
  20. Linked Sites & Third Party Tools/Products. Links to websites, other than to our Sites, and/or the offering of third party products or tools are provided solely as suggested guidance toward information on topics that may be useful to users of our Sites and Services, and we have no control over, and expressly disclaim the endorsement of, the content on such websites or such tools or products. If you choose to link to a website or utilize a tool or product not controlled by us, we make no warranties, either express or implied, concerning the content of such site, tools or products, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such tools, products, website(s) or content are 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.
  21. Intellectual Property.
    1. Title365, its affiliates, successors and assigns, as the developer and host of our Sites, owns or licenses all other intellectual property rights related to our Sites, including the look and feel of our Sites and all 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. Except for the limited license granted herein, Title365 does not grant any license or other authorization to the respective trademarks, service marks, copyrightable material, trade secrets or other intellectual property by placing or displaying them on or through our Sites.
    2. You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with our Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile, disassemble or attempt to derive the source code of, the Sites and/or any of our Services or any portion thereof.
    3. You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided.
  22. Privacy. Please review the Privacy Notice. The Privacy Notice governs your use of our Services and explains our practices.
  23. Electronic Communications. When you use our Services, you are communicating with us electronically. You expressly consent and opt in 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.
  24. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
    1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    2. Application. You and Title365 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.
    3. Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Janice.Dempster@Title365.com, and provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to a Service 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 Title365, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
    4. 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 below regarding intellectual property and small claims court claims) 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 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.
    5. 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.
    6. 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:
      Title365 Company
      750 Highway 121 BYP, Suite 100
      Lewisville, TX 75067
      Attn: Janice Dempster
    7. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Title365 will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Title365 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.
    8. 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.
    9. Class Action Waiver. The parties further agree that the arbitration shall be conducted in the parties’ 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 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.
    10. 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.
    11. 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 Janice.Dempster@Title365.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Service. 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 also will not be bound by them.
    12. Changes to This Section. Title365 will provide thirty (30) days’ notice of any changes to this section by posting on the Service. Amendments will become effective thirty (30) days after they are posted on the Services 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 Service.
    13. Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service.
  25. Applicable Law and Severability. By using our Services, 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 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. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect.
  26. Non-Waiver. Our failure to exercise or enforce any provision or right set forth in these Terms does not constitute a waiver of that right or provision.
  27. Force Majeure. Under no circumstances shall Title365 or our licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
  28. Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  29. Assignment. Title365 may assign these Terms, in whole or in part, at any time with or without notice to you. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you.
  30. Disclaimer of Warranties. THE INFORMATION CONTAINED WITHIN OUR SERVICES, INCLUDING WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS, TOOLS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS. WE DISCLAIM ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE WITH RESPECT TO THE OPERATION, QUALITY, ACCURACY, SECURITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY OR TITLE TO CONTENT PROVIDED OR DISPLAYED. ACCESS TO OUR SERVICES 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 MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, AND THEIR ATTENDANT INFORMATION AND MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE BY 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 OUR SERVICES OR FROM ANY ACTION TAKEN AS A RESULT OF USING OUR SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TITLE365, ITS EMPLOYEES, AFFILIATES, LICENSORS, SERVICES VENDORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
  31. Limitation of Liability. IN NO EVENT WILL TITLE365, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS OR EMPLOYEES 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 OUR SERVICES 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, SERVICES VENDORS 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 OUR SERVICES, 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, SERVICES VENDORS OR AGENTS WITH RESPECT TO THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USING OUR SERVICES.
    1. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
    2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Sections 8 and 9. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Sections 8 and 9 specifically do apply to you.
  32. 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 as a part of any of our Services 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:
    1. 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;
    2. 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;
    3. 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;
    4. Information reasonably sufficient to permit Title365to 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;
    5. 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
    6. 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.
  33. Notices of copyright infringement should be sent as follows:
    Title365 Company
    750 Highway 121 BYP, Suite 100
    Lewisville, Texas 75067
    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 our Services, and immediately terminate any use of our Services with regard to anyone who repeatedly engages in copyright infringement.
    Electronic Communications/SMS Program. By submitting your contact information on the Site and accepting these Terms, you are providing your electronic signature and your consent to receiving telemarketing calls, SMS messages or other forms of communication from us, including our agents, affiliates and successors. By submitting your contact information and accepting these Terms, you further agree that (i) Title365, its agents, affiliates and successors may call, email and send text messages to you at the number(s) and address(es) you have provided for purposes of describing goods and services that may be of interest to you, offered by us or others on our behalf; (ii) these calls, SMS messages, and email messages may be made using an automatic telephone dialing system or email system and/or involve pre-recorded and/or artificial voice messages, and may be placed to a mobile phone number or other service, if that is the number you have provided. Standard message and data rates may apply to communications delivered to your mobile phone number. Carriers are not liable for delayed or undelivered messages. Your consent, if provided, is effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list.
    This consent shall remain in effect until you revoke it. You may revoke your consent to these calls, SMS messages, or other forms of communications from us by contacting Title365 at (877) 365-9365, emailing us at clientdirect@title365.com or by any other method that ensures we receive the revocation request. You may also reach us in writing at the following address: Attn: Title365 Company, 1600 E. St. Andrews Pl., Santa Ana, CA 92705.
    Your consent to calls, SMS messages, or other forms of communication is not a condition of obtaining any services from us.
    Title365 respects your right to privacy. You can view our privacy policy here.
  34. Special Programs or Incentives. From time to time we may offer special programs or incentives to you in connection with the purchase the Services. Such offers may be subject to additional state and/or federal law requirements, as well as additional terms and conditions, which will be disclosed in connection with the program or incentive offered. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail solely as it pertains to the conflicting provision. Both our preselected providers and we may unilaterally modify or terminate such programs and incentives at any time.
  35. Indemnification. You agree to defend, indemnify and hold harmless Title365, including the respective affiliates, officers, directors, employees and agents of both Title365, against any and all claims, losses, damages, liability, costs and expenses (including but not limited to reasonable attorneys' fees) arising from (a) your use of our Services; (b) violation of these Terms; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.
  36. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
  37. Complete Agreement. These Terms constitute the final, complete, and exclusive statement of the terms between the parties that pertain to the subject matter found herein, and these Terms supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into these Terms by, nor is any party relying on any representation or warranty independent of those expressly set forth in these Terms. No direct benefit is intended to be conferred by these Terms on any person not a party hereto and any benefit which may be actually conferred is purely incidental.
  38. Modification of Terms. We reserve the right to modify these Terms and its policies at any time without advance notice to you. Any modification of these Terms or any related policy is effective once displayed or published on or within our Services. You are responsible for regularly reviewing these documents. Continued use of our Services after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to this Terms.
  39. Termination. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) activities related to protecting the rights, property, or safety of Title365, our agents and affiliates, or our users and the public, or (g) if you provide any information, including Credentials or Data Retrieval Information, that is false, inaccurate, misleading or misidentifying yourself, out-of-date, or incomplete. If we terminate your right to access the Service, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post-termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions. Termination of your Service account may also include, at Title365’s sole discretion, the deletion of your Service account and/or content.
  40. Effective Date. These Terms are effective as of December 8, 2021.