1. Who Can Use the Site
If you are under 13 years old, do not use the Site.
2. Intellectual Property Ownership and License
A. Copyright. All materials (including source code, data, text, images, and other content) contained on the Site, including the selection and arrangement of the materials, are owned by Title Forward or are licensed to Title Forward for use on the Site.
B. Trademarks. Title Forward, the Title Forward logos and any other Title Forward trademarks, service marks, graphics, and logos used in connection with Title Forward and/or the Site are trademarks or registered trademarks of Title Forward in the U.S. and/or other countries. Other trademarks and logos used in connection with Title Forward and/or the Site may be the trademarks of their respective owners.
C. Other Intellectual Property. Title Forward also owns trade secrets and know-how that contribute to the functionality of the Site.
F. Reservation of Rights. Except for the limited license granted above, Title Forward reserves all of its intellectual property rights in the Site. This Agreement does not grant you any right or license with respect to any trademarks and/or logos.
3. How Title Forward May Communicate with You
For purposes of responding to you and providing you with information about Title Forward products and services, you agree that Title Forward may communicate with you through the contact information you provide to Title Forward, including your email address, telephone number, or the postal address you provided (if any). Title Forward has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Title Forward products and services or the Site. When you request information from Title Forward, you are extending an express invitation and permission for Title Forward to contact you.
4. Third Party Sites
You may terminate this Agreement at any time by emailing such termination request to email@example.com. Title Forward may terminate this Agreement at any time, with or without notice.
You agree to indemnify Title Forward and hold Title Forward harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, and/or (b) any activity in which you engage on the Title Forward Site.
TITLE FORWARD PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TITLE FORWARD AND ITS AGENTS, AFFILIATES, AND SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY TITLE FORWARD, THE SITE, OR ANYTHING RELATED TO TITLE FORWARD, YOU MAY TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO TITLE FORWARD. TITLE FORWARD DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS ACCESSING ITS SITE; THEREFORE, TITLE FORWARD DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. TITLE FORWARD DOES NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. TITLE FORWARD DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TITLE FORWARD DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
8. Limitation of Liability
9. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Site, to the goods or services provided by Title Forward, or to any acts or omissions for which you may contend Title Forward is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Seattle, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Title Forward. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Seattle, Washington. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Title Forward, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Seattle, Washington. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
10. DART Service Terms and Disclaimers
The Site contains a quotation calculator at titleforward.com/get-a-quote that provides recording fee and transfer tax estimates based on data supplied by CLOSINGCORP INC. ("ClosingCorp"). Such service, along with all content contained therein or accessible thereby, is the "DART Service". By accessing the Site you signify that you agree that:
- Without limiting the foregoing restrictions, data obtained from the DART Service is solely intended for your use for (a) purposes of preparing for or completing Closing Disclosure (CD) or related closing documents in connection with the settlement of a residential real estate transaction, and (b) obtaining preliminary ("pre-qual") fee estimates. You shall not otherwise use or knowingly allow the DART Service to be used for any purpose, including without limitation use by lenders or mortgage originators for the purpose of estimating recording fees and transfer taxes on a "CD" form or other type of closing cost estimate or closing cost calculator during the loan origination or closing process.
- You are responsible for all activity occurring through your access or use of the DART Service via the Site.
- CLOSINGCORP AND TITLE FORWARD MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE DART SERVICE. THE DART SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY CLOSINGCORP AND TITLE FORWARD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE DART SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND NEITHER CLOSINGCORP NOR TITLE FORWARD SHALL BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- IN NO EVENT WILL CLOSINGCORP OR TITLE FORWARD BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, USE, OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE DART SERVICE (INCLUDING ERRORS OR OMISSIONS) EVEN IF CLOSINGCORP AND/OR TITLE FORWARD HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Additional Legal Terms
A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices. You may contact us at firstname.lastname@example.org. Or via mail or courier at: Title Forward, Attn: Legal Department, 1628 John F. Kennedy Blvd., 8 Penn Center, Suite 700, Philadelphia, PA 19103, USA.
C. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Title Forward regarding the Site and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Title Forward products or services.
E. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site.
G. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Title Forward for any third party that assumes our rights and obligations under this Agreement.
H. Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
I. Complaints Regarding Content Posted on the Title Forward Website. For non-copyright complaints, you may notify us at email@example.com.
J. International Matters. Title Forward is controlled and operated from Title Forward’s United States offices in Pennsylvania. We make no representation that the Site is appropriate or available for use in any particular location. Those who choose to access Title Forward do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is further subject to United States export controls. The Site may not be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
K. Complaint Regarding Copyright Infringement. If you are a copyright holder and believe your work has been used on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information:
- Your name, address, phone number, and email address, so that we can reach you;
- Identification of the copyrighted work(s) you believe to be infringed;
- Identification of the material on the Site you believe is infringing, including a location description (e.g., a URL);
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate;
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
- A physical or electronic signature; and
Send your infringement notices to:
Forward Settlement Solutions d/b/a Title Forward
c/o Redfin Corporation
2025 1st Avenue, Ste. 500
Seattle, WA, 98121, USA
If your copyrighted property is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to Title Forward. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which Title Forward may be found, and that you will accept service of process from the person who notified Title Forward of the alleged infringement or an agent of such person.
12. Contact Us
If you have questions about this Agreement or the Site, please email us at firstname.lastname@example.org. You can also write to us at: 1628 John F. Kennedy Blvd., 8 Penn Center, Suite 700, Philadelphia, PA 19103.