Confirm Checkout:

Billing Information:
  Bill to:
Current User:
Pricing Plan:
Session ID:
Confirm Checkout for the following Items:


   

TERMS AND CONDITIONS

Last updated: October 30, 2019

These Terms and Conditions ("Terms" or “Agreement”) set forth the terms, conditions and stipulations between you and Courthouse Direct.com, Inc., a Texas corporation (“CHD”, "us", "we", or "our") regarding your access to and use of the web site located at www.courthousedirect.com (“Website”).  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

Utilizing the Website and Software, CHD offers to third parties Internet-based access to digital copies of specified public records within the Databases.  This Agreement applies to all services provided by or through the Website, including, without limitation, all searches performed by you on the Website, your access to and retrieval of certain property reports (some of which may be provided by third parties and made available for resale through the Website), and your accessing of, viewing, and/or downloading of documents, images, or reports (the Website, Software, Databases and all such services, collectively, the "Service"). 

Databases” means electronic/digital images of publicly recorded instruments affecting title to real property, electronic/digital indexes of same, and other information of public record currently in digital/electronic form an/or in which CHD now or hereafter owns an interest or has a right of access or use.  The Databases (i) have been created, developed, or compiled by CHD, (ii) consist of or relate to documents or information obtained from public records filed in or otherwise available from county recording and assessor offices, or from other public and private sources, and relating to property located in the applicable counties, and (iii) have been formatted and input for use by the Website and Software.

Software” means certain database access software and other technologies designed to provide Internet-based  access, user interface and data management services related to  searching and retrieving specific data stored in the Databases.

Report” or “Reports” means all documents, reports and other data made available to you, and provided by or through the Service, pursuant to your online or offline requests.

Your accessing of, viewing and use of the Service and any Reports (defined below) is conditioned on your compliance with and acceptance of these Terms, and any such access and use shall be deemed to constitute your unconditional acceptance of these Terms. These Terms apply to all visitors, users and others who access or use the Service. 

By accessing or using the Service or Reports, you agree to be bound by these Terms. If you do not agree to all of Terms, you are hereby prohibited from accessing or using the Service or any Reports or other information contained on the Service.

Changes

We reserve the right, in our sole, absolute and uncontrolled discretion, to change, update, add to, delete portions of, modify and/or replace these Terms at any time, with or without prior notice, by posting the updated Terms on the Website and/or, in our sole and absolute discretion, by providing notice of such changes to you by other means.

By continuing to access or use the Service after any such changes become effective, you agree to be bound by the revised Terms. If you do not agree to all of the new Terms, you must immediately cease, and are hereby prohibited from, accessing or using the Service or any Reports or other information contained on the Service.

Data

Subject to the Terms, CHD grants you a personal, limited, revocable, non‑exclusive, and non‑transferable license to access and use the Service and Reports for your internal business uses and purposes, to the extent such uses and purposes do not violate any limitations or restrictions set forth in this Agreement (“Restricted Purposes”).  Your rights hereunder include the right to (1) retrieve, download and store the Reports made available to you through the Service (pursuant to your online or offline requests), (2) copy some or all of Reports in online and offline form, and (3)  use or distribute some or all of such Reports solely for the Restricted Purposes.  All rights, titles and interests in and to the Service and Reports not expressly granted herein are reserved exclusively to CHD, including without limitation all intellectual property rights.  As between you and CHD, you acknowledge and agree that CHD is and shall remain the sole owner of the Service, and any modifica­tions, improvements, derivative works and deleted materials related thereto.  CHD reserves the right to use and access the Service for any and all business purposes of CHD, its affiliates and their respective third-party customers.  You and all users or recipients of the Service and the Reports must comply with the following Terms:

1.     Report prices are independent of your document image pricing group.  Reports do not always have complete information. The Service and Reports are provided AS-IS and refunds will not be provided for incomplete reports.

2.     The Service and Reports are solely for use by you, including your own appropriately trained employees or agents, solely for the Restricted Purposes, with no right to sublicense, redistribute or resell all or any portion of the Reports, and with access only by the means specified in this Agreement.  You agree not to disclose, use, disseminate, reproduce or publish all or any portion of the Reports in any manner other than as provided in this paragraph.

3.     You are solely responsible for obtaining any necessary license, certificate, permit, approval or other authorization required by federal, state or local statute, law or regulation applicable to your use of the Service and Reports. CHD makes no representation or warranty about the Service or the Reports, or the use thereof in any jurisdiction, state or region.

4.     You agree not to:  (a) permit any parent, subsidiary, affiliated entity or other third party to use all or any portion of the Service or Reports; (b) process or permit to be processed all or any portion of the Reports with other data or software from any other source; (c) allow access to the Service or the Reports through any terminal located outside of your operations; (d) use the Service or the Reports outside the United States; (e) use the Service or the Reports to create, enhance or structure any database in any form for resale or distribution; (f) transmit any viruses, worms, defects, trojan horses or any items of a destructive nature to the Service; (g) reverse assemble, reverse compile or otherwise reverse engineer any part of the Service or the data or information contained therein; (h) use any robot, spider, site search/retrieval application or other automated means or device to retrieve or index any portion of the data or other information contained in the Service, (i) screen scrape text data located on the Service; (j) pull images from the Service to avoid document charges; (k) engage in framing of the Service or Reports by another website; or (l) otherwise access or use the data or information contained in the Service other than by the means and methods expressly provided for on the Service.

5.     You are prohibited from using the Service or the Reports: (a) as a factor in establishing an individual's eligibility for credit or insurance; (b) in connection with underwriting individual insurance; (c) in evaluating an individual for employment purposes; (d) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority; (e) to create a “consumer report” or in connection with any “permissible purpose” as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.); or (f) in any other manner that would cause use of the Service or any Report to be construed as a consumer report by any authority having jurisdiction over any of the parties.

6.     You agree not to use the Service or the Reports 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. You agree to comply with all federal, state and local laws applicable to the access and use of the Service and the Reports.

7.     Some Reports, even though comprised in part of public record data, may include or describe information that may be considered to be sensitive information by some consumers.  Therefore, you agree to respect all requests of consumers to remove their name, mailing address or telephone number from use in solicitations. Your agreement to comply with the requirements of this paragraph is an integral condition to CHD entering into this Agreement. You agree (i) not to use for solicitation the name, mailing address or telephone number of a consumer that is designated within any Report as requesting protection from solicitation, and (ii) not to broadcast or otherwise make public the name, address or other information about an individual consumer, unless CHD and the subject consumer provide written authorization to do so.  You agree to (i) abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers' rights to privacy, and (ii) limit access to consumer information to those individuals who have a "need to know" in connection with your business, and to obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices.

8.     Due to the difficulty of measuring economic losses which might result from inappropriate use of the Service or Reports by you, and because of the immediate and irreparable damage that would be caused to CHD in these instances for which CHD would have no other adequate remedy, you expressly agree that CHD shall be entitled to restraining orders, injunctions and other equitable relief in the event of, or to prevent, a breach of any term, obligation, covenant, condition, or agreement under these Terms, including but not limited to ceasing or suspending your use of the Services.  The rights and remedies of CHD shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law or equity.

9.     You agree to INDEMNIFY, DEFEND AND HOLD CHD HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM A CLAIM, SUIT OR PROCEEDING BROUGHT AGAINST CHD BY ANY THIRD PARTIES ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE SERVICE OR ANY REPORTS, (II) YOUR PROVISION OF ANY REPORTS TO THIRD PARTIES,  AND/OR (III) YOUR BREACH OF THIS AGREEMENT.  CHD agrees to give you prompt written notice of any such claim. CHD shall, at its option, have the right to control or participate in the defense and any settlement of any such claim.  You agree to reasonably cooperate with CHD in defending against and settling any such claim.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase" or “Purchases”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant to CHD that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to (i) lack of product or service availability, (ii) errors in the description or price of the product or service, and/or (iii) error in your order.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Access to and use of the Service is subject to all reasonable security protocols and procedures established by CHD from time to time, including, without limitation, the use of unique passwords.  You are responsible for safeguarding the password that you use to access the Service and for any authorized or unauthorized activities or actions conducted under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party, and to notify us immediately upon becoming aware of any breach of security or unauthorized use of your password or account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of CHD and its CHDs. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

You agree to (a) honor such copyrights, (b) treat the Service and Reports like any other copyrighted material, and (c) protect such copyrighted materials from unauthorized use, download, duplication, distribution or display; provided, however, you may download and print Reports as permitted hereunder.  You agree not to copy, reproduce, transmit or redistribute in any manner CHD’s copyrighted materials, except as permitted under these Terms.

The trademarks, trade dress, logos and service marks displayed on the Service are the trademarks of CHD (collectively known as “Trademarks”).  The Trademarks and other trade dress of CHD may not be used by you in connection with any product or service, or for any other purpose, without the prior written consent of CHD.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Service without CHD’s prior written consent. 

Privacy Policy

In conjunction with your review of these Terms, you should review our privacy policy (“Privacy Policy”), which is located on our web site and explains how CHD uses information that you submit to CHD.  Your access to and use of the Service, and your provision of such information, is subject to the Privacy Policy.  The Privacy Policy is subject to change at any time, as provided therein. 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by CHD.

CHD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CHD 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 content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation your breach or suspected breach of any of the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

You acknowledge and agree that the cost of the Service and Reports provided by CHD pursuant to this Agreement are calculated and based upon the sales price of such goods and services without warranty and without liability for negligence to CHD, and but for these terms and conditions, the cost of such goods and services would be significantly greater.

CHD DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE CAUSED BY OR RELATED TO YOUR USE OF THE SERVICE OR THE REPORTS, ANY COMPUTER VIRUS INFECTION, OR ANY ERROR OR OMISSION IN ANY REPORT, REGARDLESS OF WHETHER SUCH  LOSS, DAMAGE, ERROR OR OMISSION RESULTS FROM NEGLIGENCE, FROM ACCIDENT, OR FROM ANY OTHER CAUSE. 

CHD’S TOTAL LIABILITY TO YOU HEREUNDER FOR ANY BREACH OR CLAIMS FOR DAMAGES RELATED IN ANY WAY TO THESE TERMS, THE SERVICE AND ANY REPORTS, AND YOUR EXCLUSIVE REMEDY THEREFORE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT OF FEES PAID BY YOU TO CHD HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM (THE “LIMIT”).  SUCH LIMIT IS CUMULATIVE AND ALL PAYMENTS ON CLAIMS HEREUNDER SHALL BE AGGEGATED IN CALCULATING SUCH LIMIT.  THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE SUCH LIMIT.  We note that because some states do not allow the exclusion or limitation of incidental or consequential damages, the above Limit may or may not apply.

In no event shall CHD or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from or related to (i) your accessing and use of the Service, or your inability to access or use the Service, (ii) any conduct or content of any third party on the Service, (iii) any Reports or other content obtained from the Service, and/or (iv) any unauthorized access, use or alteration of your transmissions, Reports or other content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services made available through the Service. The products or services available through the Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You acknowledge and agree (i) there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment that are beyond CHD’s control, (ii) CHD shall not be liable to you for any temporary unavailability, modification or suspension of the Service, and (iii) CHD will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond CHD’s reasonable control.

Risk of Loss; Disclaimer

YOUR USE OF THE SERVICE AND REPORTS IS AT YOUR SOLE RISK.

You acknowledge (i)  the Reports are based upon data collected from public record sources and other third party sources beyond CHD’S control, (ii) may not be current, accurate or complete, (iii) may not include all recorded conveyances, instruments or documents that impart constructive notice with respect to the chain of title, liens or other encumbrances for any subject property, (iv) may include typographical or other errors, and (v) the Reports (and the data and documents located through the Service) have not been verified or authenticated by CHD.  CHD does not represent or warrant that all documents or records filed in each applicable state or county are available online. CHD does not warrant the accuracy, completeness, timeliness or suitability of the Reports.  CHD makes no representations or warranties as to the condition of title to any subject property, the accuracy of the methodology used to develop the Service or Reports, the existence of any subject property, or the accuracy of any predicted or estimated values for any subject property.  You acknowledge that data entry, communication and storage are subject to a possibility of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. 

Neither CHD nor any of its subsidiaries or affiliates represents or warrants (i) that the Service will function on an uninterrupted basis, will be secure, or will be available at any particular time or location, (ii) that any errors or defects will be corrected, (iii) that the Service is free of viruses or other harmful components, (iv) that the Reports will be complete or free from error, or (v) that the Reports or other results of using the Service will meet your requirements.

THE SERVICE AND REPORTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE AND REPORTS ARE PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR COURSE OF PERFORMANCE.

THE ACCURACY AND COMPLETENESS OF THE REPORTS ARE NOT GUARANTEED OR WARRANTED IN ANY WAY. CHD DOES NOT REPRESENT OR WARRANT THE REPORTS ARE OR WILL BE FREE FROM ERROR OR OMISSION.  CHD DOES NOT UNDERTAKE OR ACCEPT, AND YOU ACKNOWLEDGE AND AGREE THAT CHD SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR, ANY LIABILITY WHATSOEVER FOR MISTAKES, ERRORS, INACCURACIES, DEFICIENCIES, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES IN RESPECT TO THE SERVICE OR THE REPORTS.

Governing Law

These Terms shall be governed and construed in accordance with Texas state law and applicable federal law of the United States, without regard to choice or conflicts of law provisions, as to both interpretations and performance.  Foreign laws do not apply.  THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL BE IN ANY STATE OR FEDERAL COURT IN HARRIS COUNTY, TEXAS.  BY YOUR USE OF THE SERVICE YOU IRREVOCABLY (I) SUBMIT TO THE JURISDICTION OF SUCH COURT, AND (II) WAIVE ANY OBJECTION YOU MAY HAVE AS TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING BROUGHT IN SUCH COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM; provided, however that  nothing in this lease shall affect the right of a party to serve process in any manner permitted by law. 

General Provisions

The following general provisions shall apply to your use of the Service and the Reports:

1.     These Terms may be accepted electronically, and it shall not be necessary that the physical signature of or on behalf of any party appear on any electronically accepted Terms.

2.     CHD reserves the right to assign its rights, titles and interests hereunder.  This Agreement is not assignable by you.

3.     This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and CHD in respect to your access to and use of the Service and the Reports, and supersedes all prior discussions, understandings and agreements.  This Agreement shall not be changed, modified or amended except as posted by CHD to the Website or by a separate written agreement executed by CHD and You.  This Agreement replaces and supersedes any and all previous versions of the Terms.

4.     In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then (i) such invalidity, illegality, or unenforceability shall not affect any other provisions, (ii) this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or provisions had never been contained in it, and (iii) CHD shall have the right to terminate this Agreement in CHD’s sole, absolute and uncontrolled discretion. 

5.     The captions or headings of paragraphs or sections herein are inserted for convenience only, and shall not be considered in construing or interpreting the terms or conditions of this Agreement.

6.     Time shall be of the essence with respect to each and every term and condition of this Agreement.

7.     If any action at law or in equity is necessary to enforce the any of the Terms, the Prevailing Party in such action, including all appeals, shall be reimbursed by the other party for all reasonable attorneys’ fees, costs, and necessary disbursements incurred by the Prevailing Party in enforcing this Agreement, in addition to any and all other relief to which such Prevailing Party may be entitled.  For purposes of this Section, “Prevailing Party” means (i) with respect to the claimant, one who is successful in obtaining substantially all of the relief sought, and (ii) with respect to a defendant or respondent, one who is successful in denying substantially all of the relief sought by the claimant.

8.     Our failure at any time to enforce any right or provision hereunder shall not be deemed a continuing waiver of such provision or a waiver of any other provision of this Agreement, whether or not of the same or similar nature.

Contact Us

If you have any questions about these Terms, please contact us.



All documents have a $3.25 surcharge
Refund Policy: All sales are final. Therefore, please carefully check accuracy of Document I. D. Numbers before checking out to avoid the purchase of incorrect documents. Thank you!
*You may not cancel your transaction after clicking checkout! Please click checkout only once! The process of downloading your images may take a while. Please be patient.