These Terms and Conditions govern your use of, access to, and purchases from the following Web site: www.lientitles.com, which is owned and operated by Records Research and Document Services LLC (collectively referred to as “SITE”, “Company”, “we”, or “us.”). References to the user of the Site or purchaser of any service or product shall be by the terms “user”, “you” or “your.”
IMPORTANT! By accessing, using, viewing, reading, printing, purchasing, or downloading any material from the SITE, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E Sign Act). You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer or Google Chrome and a computer.
These Terms and Conditions are subject to change by the SITE without prior notice, at any time, in its discretion. Notification of any changes will be posted on this page. You agree to review this page periodically to be aware of such changes. If these changes are unacceptable to you, you must exit the SITE. Your continued use of the SITE following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes.
If you do not agree to be bound by these Terms and Conditions, you must exit the SITE immediately, you may not use or access the SITE, and you may not purchase any goods or services from the SITE. Please consult these Terms and Conditions regularly and read them carefully before using the SITE. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
It is up to the buyer of the report to only use the information provided by Company for lawful purposes. Please review your local laws, as well as Federal legislation such as the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, Patriot Act, and other privacy regulations. Since we do not know your intended usage from your order form, your use of our system is contingent upon your representation that you understand lawful usage in your area, and agree not to use the data for any unlawful or prohibited purposes. No information from this site, nor any other written, oral, or other communication from Company or its officers, agents, representatives or employees is intended as legal advice.
No Legal Services Provided
CourtOrderedTitle.com is not an attorney or law firm, but rather a secretarial service, providing forms and scrivener services as it relates to motor vehicle titles. Using the SITE is not a replacement for hiring an attorney. If you seek any legal guidance or are in need of answers to questions related to your suit or advice on matters of law or procedure, we strongly encourage and advise you to seek an attorney licensed in your appropriate jurisdiction. CourtOrderedTitle.com does not and cannot provide you with
any legal advice or services in any jurisdiction or with any court. NO ATTORNEY USER RELATIONSHIP CAN BE FORMED with CourtOrderedTitle.com or any of its parent companies, subsidiaries or affiliates. Your use of this site may waive attorney User privilege should you hire an attorney to advise you. You agree to cease and desist from all use of our services should you receive or believe you have received legal advice or services. If you believe you have received legal advice or services, you must IMMEDIATELY notify us Via US Postal Service Certified Mail at: 5080 Spectrum Drive, Suite 1000E, Addison, TX 75001.
Accuracy and Timeliness of Information
We rely exclusively upon information provided by you to perform our services. For that reason, it is imperative that you verify and update all such information. User is responsible for and agrees to provide Company with factual, honest and legitimate documentation and information and agrees to hold harmless and indemnify the Company, websites, employees, owners, officers, contractors, and other related parties from any liability, damages, or other types of claims. User is solely responsible for any and all action taken against User in the event of providing Company with false or misleading information.
While we may provide general information and content relating to procedures in various states or jurisdictions, we are not attorneys, and you agree that you will not rely on this content for the preparation of any claim or lawsuit. You agree should you have any questions relating to the laws of your state or province or their respective procedures you will contact an attorney or personally research through a primary source such as the statutes or codes of you state or province.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Privacy Policy
Please review our Privacy Policy, which also governs your use and purchase from the SITE, to fully understand our practices relating to collection and use of private information. We collect information from you for the purpose of transacting your order only. We do not sell, lease, or give any of your information to third parties for marketing. Our credit card banking system uses this information for processing.
Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the SITE or engaging in any unlawful activity through our website. YOU AGREE TO WAIVE AND HOLD HARMLESS LEGALMATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Electronic Communications
When you use the SITE or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this SITE. You hereby agree that you have been notified that all communications submitted to the SITE can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
Access to and Interference with SITE
To access the SITE or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition precedent to your use of this SITE that all information you provide will be correct, current, and complete. If the SITE believes the information you provide is not correct, current, or complete, the SITE has the right to refuse you access to the SITE or any of its resources, and to terminate or suspend your access at any time.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make derivative works from our SITE’s product, services, content or information (hereinafter, “Materials”). User hereby agrees not to use any automatic device or manual process to monitor or reproduce the SITE or its materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the SITE or any communications on it.
Prohibited Uses
YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF THE SERVICES FOR AN ILLEGAL OR PROHIBITED PURPOSE. THE SERVICE AND/OR DATA PROVIDED ARE NOT PROVIDED FOR ANY PROHIBITED USE.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Further, this SITE is strictly for personal and not business usage.
Terms of Sale
All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation letter and/or forwarding the products specified in your order by fax, email or United States mail. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions. No other terms or conditions will apply. All sales are final. All sales are non-refundable. The SITE may without liability cancel any accepted order before delivery of the product via fax, email or mail, if our credit department does not approve your credit or if there are other problems with your payment. All product reports shall only be used in the United States, unless User receives prior written approval by SITE.
Prices for the SITE’s goods and services are prominently displayed on the SITE prior to your purchase. All prices posted on this SITE are subject to change without notice. Prices prevailing at time of order apply. Posted prices do not include filing fees, costs, postage, tax, shipping and other charges related to the title petition. SITE reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder.
All payments must be received by us prior to emailing, faxing, and/or shipping your order. We accept payment by the following credit cards: Visa, MasterCard, American Express, Discover. All payments must be in United States dollars.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Disclaimer
SITE is not an attorney or law firm, but rather a secretarial service, providing forms and scrivener services as it relates to motor vehicle titles. User understands that the outcome of a court petition to
order title is in the full discretion of a tribunal over which Company has no control. Company does not evaluate the matters for which its services are used by User and therefore makes no promises as to the outcome of any such matter.
You further understand that the SITE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this SITE for the reconstruction of any lost data. SITE does not assume any responsibility or risk for your use of the Internet.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE PRODUCTS PURCHASED THEREIN. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PROPER PERFORMANCE OF SITE’S SERVICES, SITE MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE, INCLUDING THE TERMS OF SERVICE. YOU, AND NOT SITE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SITE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, GOODWILL, OR SIMILAR DAMAGES, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY
TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SITE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SITE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the SITE or any of the Materials contained therein, or your breach of any of these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the SITE. We reserve the right to participate in the defense of such claim at your expense, and to choose our own legal counsel, but are not obligated to do so.
Links and Linking
Some websites that are linked to the SITE are owned and operated by third parties. Because the SITE has no control over such websites and resources, you acknowledge and agree that SITE is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You further acknowledge and agree that SITE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this SITE’s Terms and Conditions or Privacy Policy, which are incorporated by reference. The SITE expressly disclaims any liability for any damages whatsoever incurred by any User in connection with the use of any website, the access to which was found through this SITE. The SITE expressly disclaims any liability derived from the
use and/or viewing of any links that may appear on this SITE. All Users do hereby agree to hold the SITE harmless from any and all damages and liability that may result from the use of links that may appear on the SITE. The SITE reserves the right to terminate any link or linking program at anytime.
Trademark Information
Trademarks, service marks, and logos appearing in this SITE are the property of SITE or the party that provided the trademarks, service marks, and logos to SITE. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The SITE’s marks, logos, domains, and trademarks may not be used publicly except with express written permission from SITE, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits SITE. SITE and any party that provided trademarks, service marks, and logos to SITE, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this SITE.
Copyright Information
The Materials accessible from the SITE, and any other World Wide Web Site owned, operated, licensed, or controlled by SITE, is the proprietary information and valuable intellectual property of SITE or the party that provided the Materials to SITE, and SITE or the party that provided the Materials to SITE retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of SITE, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates the SITE’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the SITE. All Materials included on the SITE, such as text, graphics, photographs, video and audio clips, button icons, streaming data, images, downloadable materials, data compilations and software is the property of the SITE or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the SITE is the exclusive property of the SITE or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
Force Majeure
SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information
services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the SITE’s performance.
General Provisions
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Palm Beach County, Florida.
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law, actions for injunctions, attachment, garnishment and other equitable relief, or unemployment insurance claims. The arbitration shall be conducted in Palm Beach County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the event of any litigation arising out of this agreement, each party is responsible for their own attorneys fees, legal fees, or court costs.
No waiver of SITE shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the SITE and the SITE’s services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
SITE reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the SITE. Your continued use of the SITE following the SITE’s posting of any changes to these Terms and Conditions constitutes your acceptance of such
changes. The SITE does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by SITE in writing, these Terms and Conditions may not be amended by you.
COMPLAINTS – CALIFORNIA RESIDENTS
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.