ACRIS
AFFIDAVITS
DEEDS
CONTRACT OF SALE
MORTGAGE/UCC’S
MISCELLANEOUS
TERMS OF AGREEMENT BETWEEN YOU (referred to as the “User” or “You”)
AND First Nationwide Title Agency LLC AND ITS AFFILIATES (referred to as “FNTA”)
This web site and any web sites, web pages, and services also operated by FNTA that are linked (“FNTA Sites”) is offered to User on the condition that User accepts and agrees to abide by, without modification, all of the terms, conditions, and notices contained herein (collectively “Terms of Use”) and any other terms and guidelines, if any, contained within each FNTA Site. If You do not or can not agree with any part of the Terms of Use, You may not use or access the FNTA Site. User’s use of any FNTA Site constitutes User’s acceptance of, and agreement to, all such terms, conditions, and notices. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms of Use or such other terms and guidelines contained within any particular FNTA Site, then the terms of use and other terms and guidelines for such other FNTA Site shall control.
LINKS TO THIRD PARTY SITES AND REFERENCE MATIERIALS
FNTA has provided links and pointers to Internet sites maintained by third parties which sites are not controlled, maintained or otherwise supported or endorsed by FNTA. FNTA has provided links and pointers to sample forms and documents which are not created, endorsed or otherwise promulgated for use by FNTA and which has been provided for informational purposes only. User acknowledges and agrees that FNTA is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any Content, privacy policies, advertising, products, or other materials on or available from such sites or resources. User acknowledges and agrees that FNTA is not responsible for the availability or accuracy of the any forms or documents and, additionally, acknowledges and agrees that FNTA does not endorse and or otherwise promote the use or reliance upon any forms, documents or informational resources provided on the FNTA Site or through links and pointers on the FNTA Site. User further acknowledges and agrees that FNTA will 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.
LIABILITY DISCLAIMER
The information, software, products, and services included on any FNTA Site or any third party site may include inaccuracies or typographical errors. Changes are periodically made to the information contained at any FNTA Site. FNTA and/or its respective suppliers may make modifications and/or changes in any FNTA Site at any time. Advice received via any FNTA Site should not be relied upon for personal, medical, legal, or financial decisions and User should consult an appropriate professional for specific advice tailored to User’s situation.
FNTA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON ANY FNTA SITE OR ANY THIRD PARTY SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FNTA MAKES NO WARRANTY THAT (1) ANY FNTA SITE WILL MEET USER’S REQUIREMENTS, (2) THE INFORMATION ON ANY FNTA SITE WILL BE TIMELY OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH ANY FNTA SITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN ANY FNTA SITE WILL BE CORRECTED.
IN NO EVENT SHALL FNTA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR PERFORMANCE OF ANY FNTA SITE OR THIRD PARTY SITE; (II) THE DELAY OR INABILITY TO USE ANY FNTA SITE OR THIRD PARTY SITE; (III) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE; (IV) THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH ANY FNTA SITE OR THIRD PARTY SITE, OR (IV) ANY FNTA SITE OR THIRD PARTY SITE OR OTHERWISE ARISING OUT OF THE USE OF ANY FNTA SITE OR THIRD PARTY SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FNTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF ANY FNTA SITE OR THIRD PARTY SITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH FNTA SITE OR THIRD PARTY SITE.
User represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to agree to these Terms of Use and to use the FNTA Sites in accordance with these Terms of Use and all other terms and conditions stated in the FNTA Sites. User agrees to be financially responsible for all use of any FNTA Site or third party site (as well as for use of User’s account by others, including without limitation minors living with User). User agrees not to assign, transfer, or sublicense User’s rights pursuant to these Terms of Use. User may allow other members of User’s business or household to use any FNTA Site or third party site under User’s name or account, provided that User hereby agrees to pay all charges that they incur and to be responsible for all other aspects of their usage.
USE OF INFORMATION
The name, address, and payment information (if applicable) that the User provides via any FNTA Site, together with information regarding the manner in which the User uses any FNTA Site, will not be processed or disclosed by FNTA except as permitted by these Terms of Use and FNTA’S Privacy Policy. By being a user of any FNTA Site, User agrees that FNTA may share with other parties both aggregate information, individual information, and Locator information gathered by FNTA in the course of the User’s continuing use of any FNTA Site. “Aggregate information” is information that describes the habits, usage patterns, and/or demographics of users as a group, or as a part of a group, but does not describe or reveal the identity of any user. “Individual information” is information about a user that is presented in a form distinguishable from information relating to other. “Locator information” consists of a user’s name, e-mail address, physical address, and/or other data about the user that enables the recipient to personally identify the user.
RESTRICTED RIGHTS LEGEND.
Any Software, which is downloaded from any FNTA Site for or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.
