- Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to www.TitleSearcher.com
("TITLESEARCHER"), a service of Business Information Systems ("BIS").
BIS provides its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
In addition, when using particular TITLESEARCHER services, you and BIS shall
be subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS.
2. DESCRIPTION OF SERVICE
TITLESEARCHER currently provides
users with access to legal documents and related images through its network
of properties (the "Service"). You also understand and agree that
the Service may include advertisements. You also understand and agree that the
service may include certain communications from BIS, such as service announcements
and administrative messages, and that these communications are considered part
of TITLESEARCHER membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new TITLESEARCHER properties,
shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that BIS assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization
You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet service provider or air-time charges). You are responsible for those
fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary
to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or BIS has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, BIS
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
Registration Data and certain other information about you is subject to our
5. MEMBER ACCOUNT, PASSWORD AND
You will receive a password and account
designation upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify BIS of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. BIS cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section 5.
You agree to indemnify and hold BIS,
and its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you submit, post,
transmit or make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes,
use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE
BIS reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that BIS
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
You agree that BIS, in its sole discretion,
may terminate your password, account (or any part thereof) or use of the Service,
and remove and discard any content within the Service, for any reason, including,
without limitation, for lack of use or if BIS believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. BIS may also in
its sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that BIS may immediately deactivate
or delete your account and/or bar any further access to the Service. Further,
you agree that BIS shall not be liable to you or any third-party for any termination
of your access to the Service.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that BIS shall
not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such advertisers
on the Service.
The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because
BIS has no control over such sites and resources, you acknowledge and agree
that BIS is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that BIS 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 site or resource.
12. BIS'S PROPRIETARY RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly authorized
by BIS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or
BIS grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software on
a single computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sub-license,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by BIS for use
in accessing the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. BIS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
b. BIS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIS
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT BIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Notices to you may be made via either
email or regular mail. The Service may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices to you generally
on the Service.
17. TRADEMARK INFORMATION
"Business Information Systems"
and "TitleSearcher.com" are trademarks of Business Information Systems.
Without BIS's prior permission, you agree not to display or use in any manner,
18. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and BIS and govern your use of the Service, superceding any prior
agreements between you and BIS. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and BIS shall
be governed by the laws of the State of Tennessee without regard to its conflict
of law provisions. You and BIS agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Sullivan, Tennessee.
The failure of BIS to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are
for convenience only and have no legal or contractual effect.
Please report any violations of the
TOS to our Customer Care group.
Copyright © 2002 Business Information Systems. All rights reserved.