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.
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