For purposes of this Agreement, the website provider will be referred to as “Service Provider”. The person or business using the website will be referred to as “User”.
- ACCEPTANCE OF TERMS.
These terms and conditions of use (“Site Terms”) apply solely to your access to, and use of, the website located at WWW.MICROTITLE.COM. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Micro Title , or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf.
- CONTENT AND PROPERTY RIGHT PROTECTIONS.
The content available through the Service Provider is the property of the Service Provider or its licensors (Content Providers) and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User agrees that all content accessed through the Service Provider is the sole property of the Service Provider or it’s Licensors (Content Providers). User understands and agrees that the information in, or derived from Service Provider, including communications, photos, video, graphics and other material may not be copied, republished, redistributed, transmitted, altered, edited or exploited in any manner for any purpose, without notice to Service Provider and the prior express written permission of Service Provider. Service Provider neither warrants nor represents that User’s use of materials displayed on MicroTitle.com will not infringe rights of third parties not owned by or affiliated with Service Provider. User also agrees to not use information provided by Service Provider to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose that would require Fair Credit Reporting Act (FCRA) compliance.
While Service Provider uses reasonable efforts to include accurate and up to date information in MicroTitle.com, Service Provider makes no warranties or representations as to its accuracy. Service Provider assumes no liability or responsibility for any errors or omissions in the content of MicroTitle.com. Service Provider will not be responsible to User for any loss suffered by User, any of User’s business affiliates, or any other party.
The information on www.microtitle.com is subject to change without notice and in no way should be taken as an indication of future developments or results. Service Provider makes no warranties, representations, or claims of any kind concerning the information available from, or the operation of, the website. Contributing authors expressly disclaim all liability to any person in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the use or contents of the website.
- USER NAME AND PASSWORD.
Where applicable, User shall be the only authorized user of the Service Provider service through a User Name and Password.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on MicroTitle.com are Trademarks of the Service Provider and others. Nothing contained on MicroTitle.com should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on MicroTitle.com without the written permission of Service Provider or such third party that may own the Trademarks displayed on MicroTitle.com. The use of the Trademarks displayed on MicroTitle.com, or any other content on the site, except as provided in this Agreement, is strictly prohibited. User is also advised that Service Provider will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Unless otherwise indicated, all content and other materials on Microtitle.com, including, without limitation, the Micro Title logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Micro Title or its licensors or users and are protected by U.S. and international intellectual property laws.
If you believe that anything on MicroTitle.com infringes upon any copyright which you own or control you may file a notification of such infringement with us by sending an email to [email protected]
- TRANSMISSIONS TO SITE.
Any communication or material transmitted to MicroTitle.com by electronic mail or otherwise, including any data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. Anything User transmits or posts becomes the property of Service Provider or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Service Provider is free to use any ideas, concepts, know-how, or techniques contained in any communication sent to Service Provider for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing such information. Through usage of MicroTitle.com, User may submit and/or Service Provider may gather certain limited information about the User and User’s web site usage. Service Provider is free to use such information for any purpose it deems appropriate, including, but not limited to: (i) creating customized web pages; (ii) marketing purposes; (iii) reporting to regulators and law enforcement agencies.
Use of the internet e-mail facility on MicroTitle.com does not give rise to a lawyer-client relationship. Service Provider will endeavor to respond to any question submitted through the website’s e-mail facility, but accept no liability for failure to do so.
- SITE LINKS AND THIRD PARTY CONTENT.
Service Provider is not responsible for, or shares liability regarding, any or all of the sites linked to MicroTitle.com. User linking to MicroTitle.com, off-site pages or other sites, is at User’s own risk and without the permission of Service Provider.
Service Provider may provide third party content and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Service Provider does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. User acknowledges and agrees that Service Provider is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Any use of Third Party Content is at User’s own risk.
Linked sites are not under the control of Service Provider and Service Provider is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Service Provider is not responsible for webcasting or any other form of transmission received from any linked site. Service Provider is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by Service Provider of the site or any association with its operators.
- IRS CIRCULAR 230 DISCLOSURE.
To ensure compliance with certain IRS requirements, Service Provider informs User that any tax information that may be contained on this website is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed on this website.
- INFORMATION RETRIEVAL TECHNIQUES.
Retrieving information by any automated means, or by any other method of accessing or using the data and services provided on MicroTitle.com other than through the methods provided on MicroTitle.com are specifically prohibited. The following are examples, which are not intended to be an exhaustive list, of prohibited actions: (1) screen scraping text data; (2) pulling images from MicroTitle.com in any format; (3) bulk downloading images from the site and, (4) framing of MicroTitle.com by another site; are all specifically prohibited without prior written consent of Service Provider.
- RISK OF LOSS.
User’s browsing and use of MicroTitle.com is at User’s own risk. Neither Service Provider, any of its agencies, nor any other party involved in creating, producing, or delivering MicroTitle.com is liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of User access to, or use of, MicroTitle.com. Without limiting the foregoing, Service Provider also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, User’s computer equipment or other property on account of User access to, use of, or browsing in MicroTitle.com or User downloading of any materials, data, text, images, video, or audio from MicroTitle.com.
- WEBSITE MATERIALS.
The materials on www.microtitle.com are for general information purposes only and should not be construed as legal advice, legal opinion or any other advice on any specific facts or circumstances. User should not act or refrain from acting upon this information without seeking professional advice. User agrees that transmission and or use of information on MicroTitle.com is not intended to create, and does not create, a lawyer-client relationship between Service Provider and User, or any entity User represent.
- LIMITATIONS OF LIABILITY.
SERVICE PROVIDER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION TO USER OR ANY THIRD PARTY (WHETHER CAUSED DIRECTLY OR INDIRECTLY) RELATING TO SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, (I) THE MATERIALS AND OTHER INFORMATION MADE AVAILABLE VIA SERVICE PROVIDER OR (II) THE INTERRUPTION, DELAY OR FAILURE IN THE TRANSMISSION, DELIVERY OR DISTRIBUTION OF THE SERVICES OR MATERIALS. SERVICE PROVIDER’S SOLE LIABILITY TO USER FOR ANY CLAIMS, NOTWITHSTANDING THE FORM OF SUCH CLAIMS (I.E., CONTRACT, NEGLIGENCE OR OTHERWISE), ARISING OUT OF USE OF SERVICE PROVIDER, SHALL BE TO USE SERVICE PROVIDER’S REASONABLE EFFORTS TO RESUME THE SERVICES AS PROMPTLY AS REASONABLY PRACTICABLE. IN NO EVENT SHALL SERVICE PROVIDER HAVE ANY LIABILITY FOR LOST PROFITS, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF RELATING TO THIS AGREEMENT EXCEED FIFTY DOLLARS ($50.00).
IN NO EVENT SHALL THE SERVICE PROVIDER, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS OR CONTRIBUTORS TO THE WEBSITE BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING FROM OR OCCASIONED BY ACCESS TO OR USE OF THE WEBSITE.
THE USER AGREES TO INDEMNIFY AND SAVE HARMLESS THE SERVICE PROVIDER AND ITS CONTENT PROVIDERS FROM ANY CLAIM BY ITSELF OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE USERS USE OF THE DATA OR THE DOCUMENTS OBTAINED FROM MICROTITLE.COM. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
THE USER IS HEREBY NOTIFIED THAT THE PUBLIC DATA OR THE DOCUMENTS PROVIDED BY SERVICE PROVIDER MAY CONTAIN PERSONAL INFORMATION OF INDIVIDUALS (I.E. SOCIAL SECURITY NUMBERS). SERVICE PROVIDER OR ITS CONTENT PROVIDERS SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS, SUITS, CLAIMS, LAW SUITS, DAMAGES, LIABILITY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR ANY WAY CONNECTED WITH ANY PERSONAL INFORMATION CONTAINED IN THE PUBLIC DATA OR DOCUMENTS.
THE USER AGREES THAT IF THE CONTENT LOCATED IN MICROTITLE.COM CONTAINS IDENTIFYING INFORMATION OF ANOTHER PERSON, THE USER WILL NOT OBTAIN, POSSESS, TRANSFER OR USE SUCH IDENTIFYING INFORMATION WITHOUT THE SAID PERSON’S CONSENT AND AT NO TIME HARM OR DEFRAUD SAID PERSON.
THE USER FURTHER AGREES THAT IN THE EVENT OF LITIGATION AGAINST THE CONTENT PROVIDER ARISING OUT OF USE OF THE CONTENT LOCATED AT MICROTITLE.COM, INCLUDING THE ILLEGAL USE OF A PERSON’S IDENTIFYING INFORMATION, AS STATED ABOVE, THE USER WILL INDEMNIFY MICROTITLE.COM AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND, INCLUDING CLAIMS FOR ACTUAL DAMAGES, PENALTIES, EXEMPLARY DAMAGES, AND ATTORNEY FEES, AND INLUDING MICROTITLE.COM ATTORNEY FEES, ARISING OUT OR IN DEFENSE OF SUCH LITIGATION.
EVERYTHING ON MICROTITLE.COM, INCLUDING WITHOUT LIMITATION ALL DATA AND SERVICES, IS PROVIDED TO USER “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
User agrees that Service Provider may, in our sole discretion, terminate or suspend your access to all or part of MicroTitle.com for any reason, including, without limitation: (i) breach of this Agreement or any subsequent modifications; or, (ii) attempted assignment of your membership by User. Any suspected fraudulent, abusive or illegal activity is grounds for termination of User membership and may be referred to appropriate law enforcement authorities or the applicable governmental regulatory body. Service Provider shall not be liable to User or any third party for any claims related to User termination from Service Provider.
Service Provider reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Service Provider’s sole discretion.
If any of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other Term or (b) the legality, validity or enforceability in other jurisdictions of that Term or any other Term.
Any rights not expressly granted herein are reserved.
- GENERAL PROVISIONS & CONSTRUCTION OF AGREEMENT
- Assignment. This Agreement is not assignable by User.
- Counterparts. This Agreement may be accepted electronically in as many counterparts as may be required and it shall not be necessary that the signature of, or in behalf of, any party appear on any electronically accepted counterpart.
- Severability. If any one or more of the terms of this Agreement shall to any extent be adjudged invalid, unenforceable, or void for any reason, each and all of the remaining terms of this Agreement shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law.
- Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for the purpose of convenience only, and shall not affect the construction or interpretation of any of their provisions.
- Construction. Any ambiguities in this agreement shall be construed in favor of Service Provider.
- Capitalization. Generally, defined terms in this agreement begin with a capital letter. However, where the context requires, a term which is not capitalized may also be construed as a defined term.
- Time of the Essence. Time shall be of the essence with respect to each and every term of this Agreement.
- Tense. Where the context requires, the singular shall include the plural and the plural shall include the singular.
- General Terms. The use of specific terms shall not be construed to limit the construction or meaning of general terms.
- Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, understandings or agreements. This Agreement shall not be amended or modified except by a subsequent written Agreement posted to MicroTitle.com by Service Provider or by separate written agreement executed by Service Provider.
- Attorney Fees. If Service Provider shall institute an action against a User and/or Business Affiliate for breach of this Agreement, Service Provider shall be entitled to collect from User all charges, expenses, fees, court costs and actual attorney fees incurred by Service Provider.
- Governing Law. To the extent necessary, all aspects of this Agreement shall be construed, enforced, and governed according to and by the laws of the United States of America, and, where state law is necessary to the implementation of this Agreement the laws of the State of Texas. Venue for any cause of action shall be held in Hill County, Texas.
- No Third Party Beneficiary. This Agreement is for the sole benefit of Service Provider and the User and shall not be construed or deemed to be made for the benefit of any third party or parties. NOTWITHSTANDING, FOR PURPOSES OF THE USER’S OBLIGATIONS, GOVERNING LAW, JURISDICTION AND VENUE, AND LIMITATIONS OF WARRANTIES AND REMEDIES HEREUNDER, INCLUDING WITHOUT LIMITATION THE PROVISIONS OF SECTIONS 11 THROUGH 14, AND SECTION 16. SUBSECTION L, THE TERM SERVICE PROVIDER SHALL ALSO BE DEEMED TO MEAN THIRD PARTY PROVIDERS OF DATA AND SERVICES USED OR ACCESSED BY THE USER THROUGH THE SITE.
- Waiver and Future Compliance. A waiver of any provision of this Agreement by Service Provider shall not be construed to be a waiver of compliance with such provision in the future.
- General Law Compliance. User agrees to comply with all federal, state and local laws applicable to: (i) the use of the Site; and, (ii) the use of the data and/or materials obtained from MicroTitle.com in any transaction or transactions where the data or materials are used.
- Notices. All notices permitted or required to be given under this Agreement shall be in writing, addressed as shown below, and may be: (i) personally delivered; or, (ii) delivered by express courier service; or, (iii) mailed by certified or registered United States Mail. The effective date of notice shall be: (i) the date of delivery, for personal or express courier deliveries (i.e. date of delivery evidenced by a receipt signed by an officer of the company being noticed); (ii) the date shown on the “return card” for certified or registered mail if delivery is by certified or registered mail. Said notices shall be addressed in the care of as follows:
The Waggoner Law Firm
103 West Elm Street
Hillsboro, Texas 76645