TitleMade - Terms of Use

Last updated: 5/28/2019

 

TitleMade, LLC (“TitleMade”, “we”, “us”, “our”) operates and owns the www.titlemade.com website and any affiliated sites (“Site”). Buyer or user of our Site may individually or collectively be referred to as “you” or “your” in these Terms of Use (“Terms”). By using the site or any affiliated links, you are agreeing to all the Terms. By using the Site, you represent, acknowledge, and agree that you are at least 18 years of age. TitleMade provides content through the Site that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, computer code, video, images, documents, indexes, runsheets, reports, software and other content, including the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to TitleMade. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

TitleMade currently provides users with access to digitized county land records through a database of which includes images and indexes. We do not always have the complete information to the images and indexes and cannot promise that this data will always be accurate or up to date. The images and indexes are provided as-is and refunds will not be provided for incomplete records.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, TitleMade hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, distribute, sell, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TitleMade’s systems or networks, or any systems or networks connected to the Site or to TitleMade. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not share your account information with anyone other than to assigned user, which includes coworkers or anyone at the assigned company.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, “crawl”, index, Internet agent or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, use, acquire, copy or monitor any portion of the Site or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. TitleMade reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any TitleMade server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

TitleMade reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Materials (or any part thereof) with or without notice. You agree that TitleMade shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Materials.

You agree that TitleMade, in its sole discretion, may terminate your password. TitleMade may also in its sole discretion and at any time discontinue providing the Site or Materials, or any part thereof, with or without notice. You agree that any termination of your access to the Materials or Site under any provision of these Terms may be affected without prior notice and acknowledge and agree that TitleMade may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such Materials or the Site. Further, you agree that TitleMade shall not be liable to you or any third-party for any termination of your access to the Materials or Site.

The Materials, while comprised in part of public record data, describe information that may be considered to be sensitive information by some consumers, you must respect the request of consumers to remove their name, mailing address or telephone number from use in solicitation. Your duty to comply with this policy is an integral condition to TitleMade entering into this Agreement. You must not use for solicitation the name, mailing address or telephone number of a consumer that is designated within the Materials as requesting protection from solicitation. You must not broadcast or otherwise make public the name, address or other information about an individual consumer, unless TitleMade and the subject consumer provide written authorization to do so. You must abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers' rights to privacy. You must limit access to consumer information to those individuals who have a "need to know" in connection with your business, obligating those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices. You must not misrepresent any information concerning the ownership of the Materials you are licensing. You must not fail to deliver payment for items purchased by you. You must not use the Materials for any purpose that: a. infringes any third party's copyright, patent, trademark, trade secret, other proprietary right, or right of publicity or privacy; b. violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising); or c. is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

When using the Site, you agree not to: defame, abuse, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); post anything that exploits children or minors or that depicts cruelty to animals; post any copyrighted or trademarked materials without the express permission from the owner; disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; use any robot, spider, scraper or other automated means to access the Site; alter the opinions or comments posted by others on this Site; post anything contrary to our public image, goodwill or reputation, or decreases the credibility of our information or databases. This list of prohibitions provides examples and is not complete or exclusive.

Joining TitleMade and searching for documents is free. We do charge fees related to transactions on the Site. We reserve the right to change our fee schedule at any time. We may choose to change fees permanently or temporarily (as in the case of promotional events). Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Sites and services in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.) TitleMade’s total liability and your exclusive remedy under or related to these terms and conditions and use of the materials are limited to direct money damages not exceeding the amount you paid to TitleMade on a particular download. This limit is cumulative and all payments under this agreement must be aggregated to calculate satisfaction of the limit. The existence of multiple claims does not enlarge the limit. TitleMade has no liability under or in any way related to this agreement for any loss of profit or revenue or for any consequential, indirect, incidental, special or exemplary damages, even if TitleMade is aware of the possibility of the loss or damages. You indemnify and hold TitleMade harmless from and against any third party’s claim arising out of or related to your use of the Materials, or attributable to your breach of these terms and conditions, if TitleMade gives you written written notice of that claim. TitleMade has a right to control the defense and any settlement of the claim, and you must cooperate with TitleMade in defending against the claim.

We may amend these Terms at any time by posting the amended terms on the Site. If you have any questions, comments, or concerns, you may contact us through the Site.