ACCESSING THE WEBSITEAccess to the Website is permitted on a temporary basis, and TitleSmart reserves the right to withdraw or amend the service TitleSmart provides on the Website without notice (see below). TitleSmart will not be liable if for any reason the Website is unavailable at any time or for any period.
International AccessThis Site and the Application may be accessed from countries other than the United States. The Site and the Application may contain products and services or references to products and services that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Site or the Application outside the United States you are responsible for complying with your local laws and regulations.
Availability of ServicesNot all of the products and services described in the Application and the Site are available in each State. In addition, the terms of the products and services differ depending upon the State. Where you reside may limit whether you qualify for certain products and services. In our sole discretion, we determine the eligibility requirements, including residency requirements, for any product or service we offer. A third-party (such as a CSO lender) may in its sole discretion determine the eligibility requirements, including residency requirements, for any product or service the third party offer. Our description of the products and services, including, if any, interest, fees, charges, may change without notice. The general description information on the Application and the Site is not a binding legal offer, and each product or services remains subject to our underwriting and eligibility requirements. We do not intend for the Application or the Site and/or any products, services or information described or provided therein to be obtainable or used by any person in any city, state or jurisdiction where such distribution, availability or use would violate applicable law.
ChatIn connection with any product or service TitleSmart may make interactive online chat ("Chat") service available to you. TitleSmart makes no warranty that Chat service will be available at any particular time or be free of fault or error. TitleSmart provides the Chat service as a convenience to facilitate your understanding of TitleSmart products, services, and online applications related to those products or services. Our Chat service agents endeavor to provide you with accurate and current information based on your question or need. No communications during the Chat service shall be considered a legal agreement, representation, or warranty as to our products or services, and the underwriting and delivery of same. You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.
WEBSITE ACCEPTABLE USE POLICYThis acceptable use policy sets out the terms between you and TitleSmart under which you may access the Website. This acceptable use policy applies to all users of, and visitors to, the Website.
Your Membership AccountIf you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. TitleSmart and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Prohibited usesYou may use the Website only for lawful purposes. You may not use the Website:
You also agree:
Suspension and TerminationTitleSmart will determine, in TitleSmart's discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, TitleSmart may take such action as TitleSmart deems appropriate.
INTELLECTUAL PROPERTY RIGHTSTitleSmart is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
RELIANCE ON INFORMATION POSTEDCommentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. TitleSmart therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
THE WEBSITE CHANGES REGULARLYTitleSmart aims to update the Website regularly, and may change the content at any time. If the need arises, TitleSmart may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and TitleSmart is under no obligation to update such material.
TITLESMART'S LIABILITYThe material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, TitleSmart, other members of TitleSmart's group of companies, affiliates, officers, directors, employees, and third parties connected to us hereby expressly exclude:
Warranty DisclaimerYOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES FOUND AT THE WEBSITE WILL BE AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES FOUND AT THE WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS." TITLESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TITLESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (A) THE ABILITY OF THE SERVICES OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE OR THE SERVICES OR SOFTWARE, (C) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND/OR (D)) THE SERVICES FOUND AT THE WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND TITLESMART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
No Oral Warranties and/or AdviceIN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TITLESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR TITLESMART SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SITUATION.
Survival of DisclaimerTHE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOU'S USE OF THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE.
Warranties and Representations Are Limited to The Fullest Extent Of The LawSOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, TITLESMART'S WARRANTIES, CONDITIONS AND REPRESENTATIONS WITH RESPECT TO THE WEBSITE, THE SERVICES, AND SOFTWARE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
Limitation of LiabilityTITLESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO RESPONSIBILITY WITH RESPECT TO YOU'S OR YOUR END USER'S USE OF THE SERVICES AND WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TITLESMART IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TITLESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY TITLESMART FROM YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF TITLESMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR SUCH DAMAGES WITH RESPECT TO THE WEBSITE AND THE SERVICES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOU'S USE OF THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE.
Indemnification of TitleSmartYou agree to defend, indemnify and hold TitleSmart and its Content Providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to Your breach of any of these Terms or use by You or any third party (authorized, permitted or enabled by You) of the Services, except to the extent the foregoing directly result from TitleSmart's own gross negligence or willful misconduct. TitleSmart reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE.
Use of Information in Connection with Application for CreditIf you submit an application for credit or credit services via the Application or the Site, you understand and agree that we may obtain a consumer credit report in connection with your application and in connection with any updates, renewals, refinances or extensions of any credit or credit services as a result of your application. If you ask, you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report. You also understand and agree that we may investigate your credit, employment and financial status and value of your collateral with 3rd parties which may include credit bureaus and other non-traditional sources of data in connection with the review of your application or collection of any extension of credit or credit services made to you as a result of this application or for other legitimate purposes related to such transactions. Credit checks, consumer credit reports and other personal data may be obtained by some lenders from Experian, Equifax, Trans Union or through alternative providers.
VIRUSES, HACKING AND OTHER OFFENSESYou must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
LINKING TO THE WEBSITEYou may link to TitleSmart's home page, provided you do so in a way that is fair and legal and does not damage TitleSmart's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on TitleSmart's part where none exists.
LINKS FROM THE WEBSITEWhere the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. TitleSmart has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
VARIATIONSTitleSmart may revise this Agreement at any time by amending this page. You are expected to check this page from time to time and before accessing or using the Website to take notice of any changes TitleSmart made, as they are binding on you. Some of the provisions contained in these Agreement may also be superseded by provisions or notices published elsewhere on the Website.
COPYRIGHTS AND TRADEMARKSWorldwide copyright laws and treaty provisions protect all materials appearing anywhere on the Website. None of the materials may be copied, reproduced, modified, or distributed in any form or by any means without a prior written permission. All material on the Website is copyright © 2018-2019 TitleSmart, Inc. and its respective licensors.
WAIVERNo waiver by any party hereto of any breach by the other party of any term, covenant or condition of this Agreement shall be deemed a waiver of any other breach (whether prior to or subsequent) of the same or any other term, covenant or condition of this or any other agreement.
BINDING EFFECTThis Agreement, and all rights and obligations hereunder, shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, licensees and permitted assigns.
PARAGRAPH HEADINGSParagraph headings used herein are for convenience only, and shall not be deemed to be part of this Agreement.
SEVERABILITYIf any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
NO PARTNERSHIPNothing herein contained shall constitute a partnership between, or joint venture by, the parties hereto, or constitute either party an agent of the other. Neither party shall hold itself out contrary to the terms of this paragraph and neither party shall become liable by any representation, act or omission of the other contrary to the provisions hereof.
ENTIRE AGREEMENTThis Agreement represents the entire agreement between the parties hereto and supersedes all prior representations, negotiations, promises, understandings or agreements, whether oral or written, between the parties with respect to the subject matter hereof.
AMENDMENTSNo amendment or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and made by the party to be charged therewith.
REMEDIES CUMULATIVEExcept as may be expressly provided to the contrary herein, the parties' various rights and remedies hereunder shall be cumulative and the exercise or enforcement of any one or more of them shall not preclude the enforcing party from exercising or enforcing any of the others or any right or remedy provided for by law.
GOVERNING LAWThis Agreement is entered into and shall be deemed wholly performed in Broward County, Florida and shall in all respects be governed by and construed in accordance exclusively with the laws of the State of Florida applicable to contracts made and to be entirely performed therein without regard to principles of conflicts of law.
WARNINGLOANS PROVIDED THROUGH TITLESMART AND/OR ITS AFFILIATES AND ASSOCIATES ARE NOT INTENDED TO MEET LONG-TERM FINANCIAL NEEDS. ANY LOANS SHOULD BE USED ONLY TO MEET SHORT-TERM CASH NEEDS. THE COST OF YOUR LOAN MAY BE HIGHER THAN LOANS OFFERED BY OTHER LENDING INSTITUTIONS.