(As of October 7th, 2016)
TitleZoom Company, a Florida corporation (“TitleZoom”) requires all persons or entities visiting and using its Internet site to agree to the following terms and conditions (“Terms and Conditions”). By accessing the TitleZoom site, you confirm your agreement to, and acceptance of, these Terms and Conditions.
*TitleZoom Savings via Butler Rebate
TitleZoom uses the Butler Rebate to offer consumers 20-30% savings on their closing related costs. Savings are dependent on several factors including location of the transaction, the complexity of the order, sale price, location of both parties (i.e., some people buy a home while living in a different state). As a general rule, TitleZoom offers 20-25% savings via the Butler Rebate on the premium for homes up to $400,000. For those homes that are $401,000+, there are a 26-30% savings via the Butler Rebate.
Corrections and Modifications
TitleZoom is under no obligation to update, correct, or otherwise modify any information contained in, residing on, or transmitted to this site. While every reasonable effort is made to ensure that the information presented on and contained in this site is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained in this site may also become out-of-date. While TitleZoom disclaims all responsibility to update or correct any information placed on its site, TitleZoom reserves the right to make changes and updates to any information contained within this site, including these Terms and Conditions, at TitleZoom’s discretion and without prior notice. Users should check these Terms and Conditions from time to time to review the then-current provisions governing access to, and use of, the TitleZoom site. By accessing any part of this site at any time, users will be deemed to have accepted the then-current Terms and Conditions in full.
Consent to Monitoring and Disclosure
TitleZoom is under no obligation to monitor the information residing on or transmitted to this site. However, anyone accessing this site agrees that TitleZoom may monitor the site to (1) comply with any necessary laws, regulations, or governmental requests; and (2) operate the site in a manner TitleZoom deems proper or to protect against conduct TitleZoom deems inappropriate. TitleZoom shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to its site that it believes is unacceptable or inconsistent with these Terms and Conditions.
Endorsements and Linked Sites
Periodically TitleZoom makes reference in its site to the products, services, processes, hypertext links, or other information of third parties (hereinafter “Third Party Products”). Unless specifically stated otherwise, such references shall not constitute or imply TitleZoom’s endorsement, sponsorship, or recommendation of such Third Party Products. Third Party Products are the sole and exclusive responsibility of the third party owner. TitleZoom is not responsible for the Third Party Products or the content on any third party internet site linked to the TitleZoom site. Any Third Party Products consisting of hypertext links to third party websites are provided solely for users’ convenience, and users will leave TitleZoom’s site if they use these links. If users decide to access any of the third party websites linked to TitleZoom’s site, they do so entirely at their own risk.
Any user of a TitleZoom server or site agrees to comply with any security processes and procedures (such as passwords) specified by TitleZoom with respect to access to or use of a TitleZoom server or site. Unless specifically authorized by TitleZoom in writing, users of a TitleZoom server or site further agree not to access or attempt to access any areas of or through the site that are not intended for general public access. A user is responsible for maintaining the confidentiality and security of passwords or any related identifying information and for restricting access to the user’s computer, and a user agrees to accept responsibility for all activities that occur on any TitleZoom server or site resulting from the use of the user’s password and any related identifying information.
Press Releases/Company News
Any press releases, company news, or other materials contained on the TitleZoom site reflect circumstances and conditions that existed as of the respective dates on which they were initially released, presented, or otherwise made.
The trademarks, logos and service marks (the “Trademarks”) displayed on the TitleZoom site, unless otherwise specified, are either the registered and unregistered trademarks of TitleZoom or TitleZoom’s parent entity or are used under license from the owner thereof. Nothing contained in the TitleZoom site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the TitleZoom site without the written permission of TitleZoom or any third party that may own the Trademarks displayed on the TitleZoom site. Any misuse of the Trademarks displayed on the TitleZoom site, or any other content on the TitleZoom site is strictly prohibited. TitleZoom will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Everything that can be seen or read on the TitleZoom site is copyrighted, unless otherwise noted, and may not be used, except as provided for in these Terms and Conditions or in the text of the TitleZoom site, without the express written permission of TitleZoom, which neither warrants nor represents that such use of materials displayed on the TitleZoom site will not infringe rights of third parties not owned or affiliated with TitleZoom.
Use of Images, Privacy and Publicity
Images of people or places displayed on the TitleZoom site are either the property of, or used with permission by, TitleZoom. The use of these images by a user of a TitleZoom server or site, or anyone authorized by such user, is prohibited unless specifically permitted by these Terms and Conditions, specific permission is provided elsewhere on the TitleZoom site, or such user has secured the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
As a user of the TitleZoom site, you are entirely responsible for maintaining the confidentiality and security of your username(s), password(s) and your TitleZoom site account, as well as all activities that occur under your TitleZoom site account. You hereby agree to indemnify, defend and hold harmless TitleZoom and its affiliates, and their respective employees, officers, directors, owners, agents, information providers, licensors, licensees, successors and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, liabilities, damages, losses, expenses and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties resulting from or arising out of your use or misuse of the TitleZoom site, any breach by you of these Terms and Conditions, or any use of your TitleZoom site account by any other party. You agree to cooperate fully with TitleZoom in the defense of any such claim. TitleZoom reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Warranty Disclaimer and Limitation of Liability
THE USER OF A TITLEZOOM SERVER OR SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVER, SITE, AND THE INTERNET GENERALLY. TITLEZOOM AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESSED OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, A TITLEZOOM SERVER, SITE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF TITLE AND NONINFRINGEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, OR DATA ACCURACY. TITLEZOOM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR TIMELINESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON A TITLEZOOM SERVER, SITE, OR THE INTERNET, OR OF ANY OTHER MATERIAL ACCESSIBLE FROM A TITLEZOOM SERVER, SITE, OR THE INTERNET. IN NO EVENT SHALL TITLEZOOM OR ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ACCESS TO OR USE OF A TITLEZOOM SERVER, SITE, OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY, OR FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON A TITLEZOOM SERVER, SITE, OR THE INTERNET GENERALLY, EVEN IF TITLEZOOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE USE OF A TITLEZOOM SERVER, SITE, OR THE INTERNET GENERALLY, MAY BE BROUGHT BY A USER MORE THAN ONE (1) YEAR AFTER THE USER KNEW OR SHOULD HAVE KNOWN OF THE OCCURRENCE OF THE EVENT(S) WHICH GAVE RISE TO THE CAUSE OF ACTION.
THE INFORMATION PROVIDED ON A TITLEZOOM SERVER AND/OR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, OR DATA ACCURACY. NO ADVICE OR INFORMATION GIVEN BY TITLEZOOM OR ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS, SHALL CREATE ANY WARRANTY. NEITHER TITLEZOOM NOR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS, WARRANT THAT THE INFORMATION OR MATERIALS ON A TITLEZOOM SERVER, SITE, OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS ACCESSIBLE FROM A TITLEZOOM SERVER, SITE, OR THE INTERNET GENERALLY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Any claims or disputes relating to the TitleZoom site shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”), and the arbitration shall occur in the State of Florida, County of Miami-Dade unless we expressly consent in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final, and judgment upon the award may be entered in a court of competent jurisdiction in the State of Florida, County of Miami-Dade unless we expressly consent to a court in a different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE TITLEZOOM SITE SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Florida, County of Miami-Dade. Each party will bear their own costs in connection with the arbitration.
The information and materials contained on the TitleZoom site are intended for informational purposes only and are not intended to offer advice, whether legal, financial, or otherwise, about specific situations or problems. TitleZoom encourages all users to obtain competent and professional assistance in all matters requiring such advice or guidance.
Failure to Comply
TitleZoom reserves the right to terminate or restrict the access of any user to this site without notice should TitleZoom determine that a user has violated (or is threatening to violate) any of these Terms and Conditions. TitleZoom also reserves any and all remedies at law or equity in connection with a violation (or threatened violation) of these Terms and Conditions.
Any disputes resulting from a user’s use of this or any TitleZoom server or site shall be construed and enforced under the laws of the State of Florida. Users hereby submit to the jurisdiction of the courts of Miami-Dade County, Florida, and waive any objection to venue with respect to actions brought in such courts. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. Severability If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Questions regarding these Terms and Conditions should be directed to TitleZoom’s webmaster at firstname.lastname@example.org.