1. Electronic Contractsa. Your use of the Web Site includes the ability to enter into agreements and/or make transactions electronically.
b. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
2. Sign up and AcceptanceBy using with the Web Site:
b. You fully understand and agree that you have established a business relationship with us.
c. YOU AGREE THAT WE MAY CONTACT YOU BY TELEPHONE OR BY EMAIL REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH OUR WEB SITE EVEN IF YOUR TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST.
We provide means by which you may opt-out of further communication. If you are a current customer, locate the link within the communication, which will redirect you to manage your communication preferences. If not currently a Simplifile customer, simply follow the opt-out link provided within the communication you received.
d. You are an adult (18 or older) resident of the United States of America (USA).
a. Purpose of the Web Site. This Web Site is owned by Simplifile, LC, the nation’s largest eRecording network, which connects settlement agents and county recorders via our eRecording service. Simplifile also offers others services to include collaboration tools and post-closing visibility for mortgage lenders and settlement agents working together on real estate documents as well as document content, eSignature and eNotary tools for servicers and others. Through Simplifile, users can securely record, share, and track documents, data, and fees with ease. We are not engaged in any particular real estate closing service business. We do not endorse, recommend or favor any individual or firm listed on the Web Site.
b. Company Listings; Advertising. The Web Site contains information related to certain customers or subscribers to our services (hereinafter referred to as “Subscribers”) along with other related service information. The Subscribers either provide the information or we obtain the information from various sources generally deemed reliable. We cannot warrant the validity of the information, nor do we guarantee the quality of the services provided by the Subscribers. We are not responsible for any material, information or products or services contained on the Subscribers’ websites or otherwise provided by Subscribers. Although attention has been taken to provide the most reliable, accurate and current information, all users of the Web Site and/or any software or application offered by us are encouraged to make their own independent investigation and evaluation of any Listee they might engage.
c. Data Disclaimer. Though we make reasonable efforts to ensure that any data made available on the Web Site or our system application is accurate and reliable, this information is not guaranteed and may be subject to other terms and conditions imposed by the provider of such data. We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of such information. You acknowledge that (a) either we or third party service providers may provide copies of documents and data filed through our Web Site to third parties associated with a transaction and (b) that such copies do not consist of nor contain confidential information as they are publicly filed by your permission and consent.
You may not make any other use of the Web Site and/or any software or application offered by us without our express consent. Be aware that products, services and content provided by third parties, even if contained in the Web Site, may be subject to additional terms, conditions and permissions, so this license does not necessarily govern your rights with respect to products, services and content provided by third parties, even if the same are found on the Web Site.
e. Restrictions and Prohibitions on Use. Except as expressly authorized by us, you shall not and shall cause all of your users to not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Web Site and/or any software or application offered by us to any third party in any way, (b) access the Web Site and/or any software or application offered by us in order build a competitive product or service, or (c) copy, modify, harvest data from, or make any derivative works based upon the Web Site and/or any software or application offered by us, including without limitation to create a directory of Subscriber or mailing lists with data retrieved from this Web Site.
f. Transactions and Interactions with Subscribers or other Third Parties. We will not be liable in any way in connection with, any of the offerings, products or services advertised on or through the Web Site by any user (including Subscribers), or any sites on the Internet that may be directly or indirectly accessed through links in the Web Site that are not owned and operated by us, including but not limited to liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content therein. You acknowledge and agree that we are not a party to any transaction between you and any other user of the Web Site, even if that transaction is facilitated, in whole or in part, through the Web Site. YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH OTHER USER AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, WE HAVE NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH.
The “Simplifile” name, “Simplifile.com” name and logo, and the product and service names and logos associated with the Web Site and/or any software or application offered by us are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever.
i. Rules of Professional Conduct. You acknowledge that rules of professional conduct may apply to certain aspects of your participation with the Web Site and you agree to always abide by such rules. We disclaim all responsibility for your compliance with these rules.
j. Third-Party Content. Third-party content may be accessible via links from this Web Site. We shall not be responsible for, and have no liability for, any mistakes, misstatements or violations of law, defamation, omissions, falsehood, obscenity, infringements or profanity in the statements, opinions, representations or any other form of content contained in such third-party content accessed through the Web Site. You understand that the information and opinions in such third-party content represent the thoughts of the third-party exclusively and is not endorsed by us, nor does it reflect our opinions, position or beliefs.
k. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. Your registration must be done using your real name and accurate information. We do not permit any other person using the registered sections under your username or email. You are responsible for preventing such unauthorized use, as well as for any consequences of such unauthorized use.
l. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, DATA, OR CONTENT, (B) THE WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE WILL MEET YOUR OR YOUR USERS’ REQUIREMENTS OR EXPECTATIONS, OR (D) THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE WEB SITE AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU.
m. LIMITATION OF LIABILITY AND DAMAGES. WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY OF YOUR CONTENT OR ANY THIRD PARTY CONTENT ON OR ACCESSIBLE VIA THE WEB SITE (INCLUDING YOUR PARTICIPATION IN MESSAGE BOARDS, BLOGS, WIKIS OR E-MAIL FORUMS AND ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE), (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, (E) YOUR MISUSE OF THE WEB SITE, OR (F) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FOR ANY REASON, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS ON LIABILITY DO NOT APPLY TO YOU OR ARE PROHIBITED BY LAW, OUR SOLE OBLIGATION AND LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.
o. No Expectation of Privacy. We retain the right, with or without cause or notice to you, to access or monitor all Computer Information. You agree that you have no reasonable expectation of privacy in the Computer Information and expressly waive any right of privacy or similar right in the Computer Information. You agree that any Computer Information is or shall become our sole and exclusive property. “Computer Information” means all data, files, information and communications created, received, or stored on or passed through our computer and communications systems by you.
u. Virus/Malicious Code Prevention. We shall use the latest, commercially available virus and malicious code detection and protection products on all workstations and servers used to provide goods and services. However, we do not guarantee, nor will we be liable for, any infections of viruses or malicious code on your equipment, whether such were delivered through the Web Site or not
w. Force Majeure. Neither party shall be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by riot, fire, flood, earthquake, natural disaster, electronic virus, electronic attack or infiltration, internet disturbance, government act or other similar cause beyond such party’s control.
z. If you are a party to a Master Services Agreement (the “MSA”) with us, or if you are accessing this Web Site by virtue of such an agreement between us and a third party, you agree that any conflict between this Agreement and any term found in the MSA, as amended, shall be resolved in favor of the MSA.