WEBSITE USER AND ONLINE SALE
TERMS AND CONDITIONS
These Terms and Conditions govern your use of, access to, and
purchases from the following Web site: www.titlesearch.com (“SITE”,
“we”, or “us.”). References to the user of the Site or purchaser of
any service or product shall be by the terms client, “you” or
“your.”
IMPORTANT! By accessing, using, viewing, reading, printing,
purchasing, or downloading any material from the SITE, you agree to
be bound by these Terms and Conditions. This Agreement is intended
to be governed by the Electronic Signatures in Global and National
Commerce Act (E-Sign Act). You manifest your agreement to these
Terms and Conditions by any act demonstrating your assent thereto,
including clicking any button containing the words “I agree” or
similar syntax. You may submit a paper copy of this transaction and
print this form for your personal records. You have the right to
withdraw your consent to use the E-Sign Act by emailing us. Your
consent to use the E-Sign Act is limited to providing the
information on this form. Access to this electronic record requires
a simple browser program such as Internet ExplorerTM or NetscapeTM
and a computer.
These Terms and Conditions are subject to change by the SITE
without prior notice, at any time, in its discretion. Notification
of any changes will be posted on this page. You agree to review this
page periodically to be aware of such changes. If these changes are
unacceptable to you, you must exit the SITE. Your continued use of
the SITE following the effective date of any such changes
constitutes your full acknowledgement and acceptance of these
changes.
If you do not agree to be bound by these Terms and Conditions,
you must exit the SITE immediately, you may not use or access the
SITE, and you may not purchase any goods or services from the SITE.
Please consult these Terms and Conditions regularly and read them
carefully before using the SITE. You affirm that you have read this
Agreement and understand, agree and consent to its Terms and
Conditions.
You are solely responsible for obtaining access to the SITE and
that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including the fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the SITE.
A real estate transaction cannot proceed from start to finish
without legal judgments and conclusions being made. Certain
activities incident to a real estate transaction can, in isolation,
be performed by a non-lawyer, but the transaction as a whole is a
legal service which should be done by or under the supervision of an
attorney with whom the parties have an attorney-client relationship.
This means that an attorney should review all information and
documents, as well as attend the closing at which the parties
execute the documents required to close the transaction or be
readily available to respond to any inquiries or issues that may
arise. The SITE does not provide any of these legal services.
Search reports are for your direct individual use of the client
only. Even searches you order at the request of third parties, such
as your bank, attorney, or other entity, are still provided for your
use only. You are solely responsible for ensuring that the search
report is suitable for any use.
It is up to the buyer of the report to only use the information
provided by AFX for lawful purposes. Please review your local laws,
as well as Federal legislation such as the Fair Credit Reporting
Act, Gramm-Leach-Bliley Act, Patriot Act, and other privacy
regulations. Since we do not know your intended usage from your
order form, your use of our system is contingent upon your
representation that you understand lawful usage in your area, and
agree not to use the data for any unlawful or prohibited purposes.
No information from this site, nor any other written, oral, or other
communication from AFX or its officers, agents, representatives or
employees is intended as legal advice.
YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR
COMPONENT OF THE AFX SERVICES TO CREATE, REPLACE, SUPPLEMENT OR
ENHANCE ANY TITLE, LEGAL, VESTING, OWNERSHIP OR ENCUMBRANCE REPORT,
NOR AS AN ALTERNATIVE INSURANCE PRODUCT OR APPROACH.. THE
SERVICES DO NOT REPRESENT LEGAL ADVICE, INSURANCE, OR REAL ESTATE
TRANSACTION SERVICES. WHERE REGULATED BY LAW, THE SERVICE AND/OR
DATA PROVIDED ARE NOT PROVIDED FOR ANY PROHIBITED USE.
We value your business and would like to ensure your
satisfaction. If you ever have questions about the service, please
contact customer service or you can call Customer Service at
706-867-6794. Hours of operation are Mon-Fri: 9am - 6pm Eastern.
Additionally, you can fax your request to (800) 201-0620.
AFX Corp., Inc.
1. Privacy Policy
Please review our Privacy Policy, which also governs your use and
purchase from the SITE, to fully understand our practices relating
to collection and use of private information. We collect information
from you for the purpose of transacting your order only. We do not
sell, lease, or give any of your information to third parties for
marketing. Our credit card banking system uses this information for
processing.
Sensitive information, such as credit card numbers, are
transmitted to the bank using encryption, and are not stored on our
system.
We will normally contact you by email and phone, shortly after
your order is complete, to follow up and ensure your satisfaction.
We do not call or email for solicitation, nor will we forward your
information to outside companies for advertising.
2. Electronic Communications
A. Legal Satisfaction
When you use the SITE or send e-mails to us, you are
communicating with us electronically. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing.
B. Consent
By communicating with us, you consent to receive communications
from us electronically. We will communicate with you by e-mail or by
posting notices on this SITE.
3. Products, Services & Notices
SITE will provide basic real estate information such as legal
description, ownership status, valuation, and parcel identification
that the SITE collects from public records. We will locate as much
additional background information on the property you are seeking as
is reasonably available. However, we are limited by the amount and
accuracy of the information that is provided by third party and
governmental sources. Since variations on timing of property record
updates exist, it is possible that some data, such as very recent
transactions may not be available. Your report will capture all data
currently available to our sources, but it is possible that some
items will not be non-reported. Reports do not always contain all
details or exhaustive information. Moreover, we access records
controlled by third parties, and report the results to you. The
records contained in public files occasionally contain errors or
omissions, and user specifically holds the SITE harmless from any
and all claims, counts, debts, allegations or causes of action
relating to any reliance on the information provided by third
parties or the SITE. This release and hold harmless agreement shall
be binding on all successors and assigns. Please note that some
county and state records may not be available to the SITE due to the
scope of information released by those jurisdictions. Also, down
time by third party systems might result in delayed responses to the
search inquiry. Changes in the law may affect the scope of the
results provided, or even the accuracy of the records delivered. You
are paying for our research services, not particular results.
Reports are provided “as is” and refunds will not be provided for
incomplete or inaccurate reports. The SITE specifically disclaims
any and all warrantees and guarantees relating to the information
provided, and you hereby release the SITE from any claims relating
to such warrantees or guarantees. The SITE’s product does not
include a physical property inspection, an appraisal, property
valuation, or an analysis of market conditions. The SITE
specifically disclaims any effort to practice law or real estate in
Georgia, or any other state, and emphasizes that SITE’s services is
not a substitute for a legal records abstract or services of an
attorney, appraiser or real estate broker. The operators of the SITE
are not licensed professionals. It is up to the buyer of the report
to use the information provided by SITE only for lawful purposes.
Please review your local, state and federal laws, including the Fair
Credit and Reporting Act (15 U.S.C. §1681) as well as laws relating
to consumer rights, before purchasing services from this SITE. Your
use of our system is contingent upon your representation that you
understand lawful usage in your area, and agree not to use the data
for any unlawful purposes. Additionally, you must obtain all
necessary licenses, permits, and/or authorizations required by
local, state or federal law prior to purchasing or using the
information provided by the SITE. The SITE disclaims all liability
for the use of the SITE’s product or services, as well as the
legality of using the SITE’s product in user’s jurisdiction. For a
complete, legally accurate property title status, you should contact
a local attorney or title insurance company.
SITE performs data research services only, and does not offer an
opinion of title or property. Our title search services retrieves
data from publicly available property records, not including
superior court or civil court records. Client should determine if
superior court or civil court records affect property title. SITE
does not accept liability for errors in municipal records or other
indexes used to compile data. All liability for SITE is limited to
price paid for search by customer.
Many municipalities' databases have disclaimers similar to this
one, for records:
"This index is not the official record maintained by the Register
of Deeds, and should be used only to locate or identify recorded
documents. The index may not reflect every claim asserted against a
particular piece of property, it merely provides key information
taken from recorded documents. The office of the County Register of
Deeds does not guarantee or assure the accuracy of the information
contained in this index, nor does it assure or verify the
truthfulness of any information contained in any recorded document.
Documents referenced in this index should be reviewed by an
attorney, title examiner or other real estate professionals to
determine the interests or claims of any party."
This type of limitation on search records should be understood by
title search clients.
The title search results are sent after an examination of copies
of the public records. But even the most thorough search cannot
absolutely assure that no title hazards are present, despite the
knowledge and experience of professional title examiners. In
addition to matters shown by public records, other title problems
may exist that cannot be disclosed in a search. Some commercial
properties may be priced higher.
Other examples of areas of a real estate transaction which would
be beyond the scope of a title search, and would require a legal
opinion from a quaified real estate attorney include, but are not
limited to the following questions:
- How should title be taken and why?
- Do any easements or covenants restrict the use of the property
and in what manner?
- What local land use regulations affect the property?
- What happens if the seller fails to deliver as/when promised?
- What are the rights and responsibilities of the parties under
the contract? Deed of Trust? Deed of Trust Note?
- Are the documents appropriate for the intended transfer?
- Is the correct property being considered?
- Are there issues beyind the scope of the title search that can
affect the secure ownership of the property?
- Are there tax issues respective to the transaction?
4. Access to, and Interference with, SITE
A. Access
To access the SITE or some of the resources it has to offer, you
may be asked to provide certain registration details or other
information. It is a condition precedent to your use of this SITE
that all information you provide will be correct, current, and
complete. If the SITE believes the information you provide is not
correct, current, or complete, the SITE has the right to refuse you
access to the SITE or any of its resources, and to terminate or
suspend your access at any time.
B. Interference
Except where expressly permitted by law, you may not translate,
reverse-engineer, decompile, disassemble or make derivative works
from our SITE’s product, services, content or information
(hereinafter, “Materials”). User hereby agrees not to use any
automatic device or manual process to monitor or reproduce the SITE
or its materials, and will not use any device, software, computer
code, or virus to interfere or attempt to disrupt or damage the SITE
or any communications on it.
5. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by
these Terms and Conditions of the SITE. You may not use the SITE for
any other purpose, including any commercial purpose, without the
SITE’s express prior written consent. Without the express prior
written authorization of the SITE, you may not: (a) duplicate the
SITE, its products or services, or any of the Materials contained
therein (except as expressly provided in this Agreement); (b) create
derivative works based on the SITE or any of the Materials contained
therein; (c) use the SITE or any of the Materials contained therein
for any public display, public performance, sale or rental; (d)
re-distribute the products or services purchased on the SITE or any
of the Materials contained therein; (e) remove any copyright or
other proprietary notices from the SITE or any of the Materials
contained therein; (f) frame or utilize any framing techniques in
connection with the SITE or any of the Materials contained therein;
(g) use any meta-tags or any other “hidden text” using the SITE’
name or marks; (h) “deep-link” to any page of the SITE (including
the homepage); (i) circumvent any encryption or other security tools
used anywhere on the SITE; (j) use any data mining, robots or
similar data gathering and extraction tools on the SITE; (k)
decompile, reverse engineer, modify or disassemble any of the
software aspect of the Materials except and only to the extent
permitted by applicable law; (l) sell, rent, lease, license,
sublicense, transfer, distribute, re-transmit, time-share, use as a
service bureau or otherwise assign to any third party the Materials
or any of your rights to access and use the Materials as granted in
above; or (m) bookmark any page of the SITE beyond the home page.
You agree to cooperate with the SITE in causing any unauthorized use
to cease immediately. You acknowledge that the Materials are
copyrighted by the SITE or third parties. The goods and/or services
purchased on the SITE shall be for the user’s personal use and shall
not be used for professional or entrepreneurial purposes. You shall
not purchase the SITE’s services to replace, supplement or create
any legal title, ownership, insurance, or encumbrance report. You
hereby agree that you have been notified that all communications
submitted to the SITE can be accessed by agents, operators, and
other users, regardless if they are the intended recipients of the
messages.
6. Terms of Sale
A. Binding Purchases
All orders are deemed offers by you to purchase our products. We
may accept your offer by issuing a confirmation letter and/or
forwarding the products specified in your order by fax, email or
United States mail. Our acceptance of each such offer is expressly
subject to and conditioned on your assent to these terms and
conditions. No other terms or conditions will apply. All sales are
final. The SITE may without liability cancel any accepted order
before delivery of the product via fax, email or mail, if our credit
department does not approve your credit or if there are other
problems with your payment. All product reports shall only be used
in the United States, unless user receives prior written approval by
SITE.
B. Prices
Prices for the SITE’s goods and services are prominently
displayed on the SITE prior to your purchase. All prices posted on
this SITE are subject to change without notice. Prices prevailing at
time of order apply. Posted prices do not include taxes or charges
for shipping and handling. All applicable taxes and shipping charges
will be added to your invoice. SITE reserves the right to contract
with a third party to process all payments. Such third party may
impose additional terms and conditions governing payment processing.
Your card issuer agreement may contain additional terms with respect
to your rights and liabilities as a card holder.
C. Payment
All payments must be received by us prior to emailing, faxing,
and/or shipping your order. We accept payment by check, money order
and the following credit cards: Visa, MasterCard, American Express,
Discover. All payments must be in United States dollars.
D. Billing Errors
If you believe that you have been erroneously billed, please
notify us immediately of such error. If we do not hear from you
within thirty (30) days after such billing error first appears on
any account statement, such fee will be deemed acceptable by you for
all purposes, including resolution of inquiries made by your credit
card issuer. You release us from all liabilities and claims of loss
resulting from any error or discrepancy that is not reported to us
within thirty (30) days of its publication.
E. Shipping and Handling
We will arrange for shipment of the products to you, if that is
your desired method of receiving the product. Title, risk of loss
and damage pass to you upon our transfer of the products to the
carrier. You will pay all shipping and handling charges specified
during the ordering process. Shipping schedules are estimates only
and cannot be guaranteed. We are not liable for any delays in
shipments.
7. Disclaimer
You understand that the SITE cannot and does not guarantee or
warrant that files available for downloading from the Internet will
be free of viruses, worms, Trojan horses or other code that may
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to this SITE for
the reconstruction of any lost data. SITE does not assume any
responsibility or risk for your use of the Internet.
The Materials are not necessarily complete and up-to-date and
should not be used to replace any written reports, statements, or
notices provided by SITE. Investors, borrowers, and other persons
should use the Materials in the same manner as any other educational
medium and should not rely on the Materials to the exclusion of
their own professional judgment. Information obtained by using this
SITE is not exhaustive and does not cover all issues, topics, or
facts that may be relevant to your goals.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL
MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE
ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF
THE PRODUCTS PURCHASED THEREIN. SITE MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY
TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR
ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD
PARTIES. SITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE
PROPER PERFORMANCE OF SITE’S SERVICES, SITE’S PRODUCT SHOULD NOT BE
EXCLUSIVELY RELIED ON IN A REAL ESTATE CLOSING, AND SITE’S PRODUCT
IS NOT AN APPRAISAL. THE SITE’S PRODUCT REPORT IS COLLECTED FROM
PUBLIC RECORDS AND THE SITE DISCLAIMS ALL LIABILITY AS TO THE
ACCURACY OF THOSE PUBLIC RECORDS. SITE MAY CHANGE ANY OF THE
INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE, INCLUDING
THE TERMS OF SERVICE. YOU, AND NOT SITE, ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
SITE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT
INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS,
RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS)
BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES INCLUDING LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, GOODWILL, OR SIMILAR
DAMAGES, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY
TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF
SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS
FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR
OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SITE AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
SITE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY
AROSE.
9. Indemnity
You agree to defend, indemnify, and hold harmless the SITE, its
officers, directors, shareholders, employees, independent
contractors, telecommunication providers, and agents, from and
against any and all claims, actions, loss, liabilities, expenses,
costs, or demands, including without limitation legal and accounting
fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from your, or you under another
person’s authority including without limitation to governmental
agencies, use, misuse, or inability to use the SITE or any of the
Materials contained therein, or your breach of any of these Terms
and Conditions. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use,
and you agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorneys’ fees of the
Indemnified Parties in connection therewith. You will also indemnify
and hold the Indemnified Parties harmless from and against any
claims brought by third parties arising out of your use of the
information accessed from this SITE. We reserve the right to
participate in the defense of such claim at your expense, and to
choose our own legal counsel, but are not obligated to do so.
10. Links and Linking
Some websites that are linked to the SITE are owned and operated
by third parties. Because the SITE has no control over such websites
and resources, you acknowledge and agree that SITE is not
responsible or liable for the availability of such external websites
or resources, and does not screen or endorse them, and is not
responsible or liable for any content, advertising, services,
products, or other materials on or available from such websites or
resources. You further acknowledge and agree that SITE 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 third-party content, goods or services
available on or through any such website or resource. If you decide
to access any such third party website, you do so entirely at your
own risk and subject to any terms and conditions and privacy
policies posted therein. Users further acknowledge that use of any
website controlled, owned or operated by third parties is governed
by the terms and conditions of use for those websites, and not by
this SITE’s Terms and Conditions or Privacy Policy, which are
incorporated by reference. The SITE expressly disclaims any
liability for any damages whatsoever incurred by any user in
connection with the use of any website, the access to which was
found through this SITE. The SITE expressly disclaims any liability
derived from the use and/or viewing of any links that may appear on
this SITE. All users do hereby agree to hold the SITE harmless from
any and all damages and liability that may result from the use of
links that may appear on the SITE. The SITE reserves the right to
terminate any link or linking program at anytime.
11. Trademark Information
Trademarks, service marks, and logos appearing in this SITE are
the property of SITE or the party that provided the trademarks,
service marks, and logos to SITE. The terms “Search Records” and "TitleSearch.com"
“SearchRecords.com” are trademarks and services marks of the SITE.
We aggressively defend our intellectual property rights. Other
manufacturers’ product and service names referenced herein may be
trademarks and service marks of their respective companies and are
the exclusive property of such respective owners, and may not be
used publicly without the express written consent of the owners
and/or holders of such trademarks and service marks. The SITE’s
marks, logos, domains, and trademarks may not be used publicly
except with express written permission from SITE, and may not be
used in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits SITE. SITE
and any party that provided trademarks, service marks, and logos to
SITE, retain all rights with respect to any of their respective
trademarks, service marks, and logos appearing in this SITE.
12. Copyright Information
The Materials accessible from the SITE, and any other World Wide
Web Site owned, operated, licensed, or controlled by SITE, is the
proprietary information and valuable intellectual property of SITE
or the party that provided the Materials to SITE, and SITE or the
party that provided the Materials to SITE retains all right, title,
and interest in the Materials. Accordingly, the Materials may not be
copied, distributed, republished, modified, uploaded, posted, or
transmitted in any way without the prior written consent of SITE,
except that you may print out a copy of the Materials solely for
your personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend
appearing on any of the Materials. Modification or use of the
Content except as expressly provided in these Terms and Conditions
violates the SITE’s intellectual property rights. Neither title nor
intellectual property rights are transferred to you by access to the
SITE. All Materials included on the SITE, such as text, graphics,
photographs, video and audio clips, button icons, streaming data,
images, downloadable materials, data compilations and software is
the property of the SITE or its content suppliers and is protected
by United States and international copyright laws. The compilation
of all Materials on the SITE is the exclusive property of the SITE
or its content suppliers and protected by United States and
international copyright laws, as well as other laws and regulations.
13. Copyright Notice
A. Notice Procedure
Any notice required to be given under this Agreement may be
provided by email to a functioning email address of the party to be
noticed, by a general posting on the SITE, or personal delivery by
commercial carrier such as FedEx or Airborne. Notices by customers
to SITE shall be given by electronic messages unless otherwise
specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent
by written notice to the other party pursuant to this provision of
the Agreement.
14. Force Majeure
SITE shall not be responsible for any failure to perform due to
unforeseen circumstances or to causes beyond our reasonable control,
including but not limited to: acts of God, such as fire, flood,
earthquakes, hurricanes, tropical storms or other natural disasters;
war, riot, arson, embargoes, acts of civil or military authority, or
terrorism; fiber cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking,
SPAM, or any failure of a computer, server or software, including
Y2K errors or omissions, for so long as such event continues to
delay the SITE’s performance.
15. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or
otherwise relating to these Terms and Conditions shall be governed
by the laws of the State of Georgia, excluding its conflict of law
provisions. The parties agree that the United Nations Convention on
Contracts for the International Sale of Goods is specifically
excluded from application to these Terms and Conditions. The parties
hereby submit to the personal jurisdiction of the state and federal
courts of the State of Georgia. Exclusive venue for any litigation
or arbitration permitted under this Agreement shall be with the
state and federal courts located in Dawson County, Georgia.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate
to provide an aggrieved party with full compensation in the event of
the other party’s breach, and that an aggrieved party shall
therefore be entitled to seek injunctive relief in the event of any
such breach, in addition to seeking all other remedies available at
law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of or
otherwise relating to these Terms and Conditions, the parties shall
meet and negotiate in good faith to attempt to resolve the dispute.
If the parties are unable to resolve the dispute through direct
negotiations, then, except as otherwise provided herein, either
party may submit the issue to binding arbitration in accordance with
the then-existing Commercial Arbitration Rules of the American
Arbitration Association. Arbitral Claims shall include, but are not
limited to, contract and tort claims of all kinds, and all claims
based on any federal, state or local law, statute, or regulation,
excepting only claims under applicable worker’s compensation law,
actions for injunctions, attachment, garnishment and other equitable
relief, or unemployment insurance claims. The arbitration shall be
conducted in Dawson County, Georgia, and conducted by a single
arbitrator, knowledgeable in Internet and e-Commerce. The party
bringing the action shall be responsible for paying all costs for
arbitration, including the arbitrator’s fees. Each party shall bear
its own attorneys’ fees (except if the matter is for the collection
of a debt owed in which case the prevailing party shall be awarded
its attorneys fees, all arbitration costs and the arbitrator fees
(if applicable), in addition to all other applicable remedies). The
arbitrator shall have no authority to award any punitive or
exemplary damages; certify a class action; add any parties; vary or
ignore the provisions of these Terms and Conditions; and shall be
bound by governing and applicable law. The arbitrator shall render a
written opinion setting forth all material facts and the basis of
his or her decision within thirty (30) days of the conclusion of the
arbitration proceeding. This Section shall not apply to any breach
(or any allegation which if true would constitute a breach) of any
matter relating to intellectual property. THE PARTIES HEREBY WAIVE
ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL
CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and
inure to the benefit of their respective assignees, successors,
executors, and administrators, as the case may be. Neither these
Terms and Conditions nor any rights granted hereunder may be sold,
leased, assigned or otherwise transferred, in whole or in part by
you.
E. Severability
If for any reason a court of competent jurisdiction or an
arbitrator finds any provision of these Terms and Conditions, or any
portion thereof, to be unenforceable, that provision will be
enforced to the maximum extent permissible and the remainder of
these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the
prevailing party shall be entitled to attorney’s fees, including
attorney’s fees incurred on appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent
default of the same provision of these Terms and Conditions. If any
term, clause or provision hereof is held invalid or unenforceable by
a court of competent jurisdiction, such invalidity shall not affect
the validity or operation of any other term, clause or provision and
such invalid term, clause or provision shall be deemed to be severed
from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and
shall not affect the meaning, construction or effect of these Terms
and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement
between the parties with respect to your access and use of the SITE
and the SITE’s services, and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. No amendment to or modification of
these Terms and Conditions will be binding unless in writing and
signed by a duly authorized representative of both parties.
J. Modifications
SITE reserves the right to change any of the provisions posted
herein and you agree to review these Terms and Conditions each time
you visit the SITE. Your continued use of the SITE following the
SITE’s posting of any changes to these Terms and Conditions
constitutes your acceptance of such changes. The SITE does not and
will not assume any obligation to provide you with notice of any
change to these Terms and Conditions. Unless accepted by SITE in
writing, these Terms and Conditions may not be amended by you.
16. Contact Information
We value your business and would like to ensure your
satisfaction. If you have any questions about the SITE’s products
and services, please contact Customer Service at 706-867-6794. Hours
of operation are Monday through Friday from 9:00am – 6:00pm EST.
Additionally, you can fax your request to (800) 201-0620.
17. COMPLAINTS – CALIFORNIA RESIDENTS
The Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs may be contacted in
writing at 1020 N. Street, #501, Sacramento, CA 95814, or by
telephone at 1-916-445-1254.
This document was prepared by Lawrence G. Walters, Esq.,
All information kept confidential, and not
disclosed. We use secure servers and data encryption. No notice is
made of your search.
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