IMPORTANT NOTICE TO USER: PLEASE READ CAREFULLY BEFORE CONTINUING TO REGISTER FOR AN ACCOUNT OR USING THE WEBSITE.
These Terms and Conditions of Use (these “Terms and Conditions”) constitute a legally binding agreement made between you (“user” or “you” or “member”) and Title Lock Corporation d/b/a Home Title Lock and its affiliated companies (collectively, “Home Title Lock” or “we” or “us” or “our”), concerning your access to and use of the https://www.hometitlelock.com/ website any other media form, media channel, mobile website, mobile application, and blogs related or connected thereto (collectively, the “Website”), and the performance of any Home Title Lock services.
Home Title Lock reserves the right to change or modify these Terms and Conditions from time to time at its sole discretion. If we make changes to these Terms and Conditions, we will provide you with notice of such changes through the Website or by updating the “Last Updated” date at the end of these Terms and Conditions.
By continuing to access or use the Website or order, receive, or use the Products and Services, you confirm your acceptance of the revised Terms and Conditions and all of the terms incorporated therein by reference. We encourage you to review the Terms and Conditions frequently to ensure that you understand the terms and conditions that apply when your access or use of the Website and when you order, receive and/or use the Products and Services. If you do not agree to the revised Terms and Conditions, you may not access or use the Website or order, receive, or use the Products and Services.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to use the Website.
II. REGISTRATION, SUBSCRIPTION PLAN, AND COMMUNICATIONS
To access and use the Products and Services, you will need to register for a Home Title Lock account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. You further understand and agree that Home Title Lock may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
By creating a Home Title Lock account, you also consent to receive electronic communications from Home Title Lock, including through email or by posting notices to the Website. These communications may include notices about your account, such as subscription period lapse, home title alerts and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of all electronic communications you receive from us. We may also send you promotional communications by email that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such email. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt out, you may continue to receive messages for a short period of time while Home Title Lock processes your request. It is your responsibility to keep your account information updated.
When you add to your account an address to monitor, you will be asked to select the subscription plan applicable to such property. The subscription plan you select will automatically renew until you cancel the renewal as described below.
III. PAYMENT, REFUNDS AND CANCELLATIONS
Subscriptions to our Products and Services will require you to make payment of the corresponding fees. Payments of subscription fees you make are final and non-refundable, unless otherwise described in the Refund Policy below or otherwise determined by Home Title Lock. You authorize Home Title Lock to submit through its payment processor the charges for the subscription you select using the payment method you specify at the time of purchase. Home Title Lock may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Your service will automatically be renewed, and your chosen payment method will be charged at the end of each service period, unless you decide to cancel your automatic payments for the Products and Services before the end of the then-current subscription. All prices, including recurring subscription fees, are subject to change.
Home Title Lock reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all Products and Services obtained through the use of the Website at any time. Home Title Lock may also, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Home Title Lock Refund Policy
You may cancel your Home Title Lock subscription plan or automatic renewal by calling (800) 899-6268 or (858) 939-9300 in accordance with the following Refund Policy:
Please allow up to 1 week to receive your refund. 14-day trial period is valid for only first-time signup and begins when the subscription service first starts.
IV. TITLE RESTORATION PROTOCOLS
Upon your receipt of a "document alert notification", you should immediately access your account to examine provided copies of the documents to determine if there was an unapproved attack on title or if you recognize a title transaction as authorized and legitimate. Since this process is managed automatically by our proprietary software, it is imperative that you act diligently and immediately upon receiving a document alert notification and that you contact our team of resolution experts with notification of an unauthorized recording on your title. If the new filing is the result of an action by your relative, you will be informed that the issue needs to be addressed directly between you and that person or entity. You understand that we do not have any legal standing in the process of directly assessing or curing the title documents at issue and that we cannot guarantee results. However, we are committed to guiding you through the process with our experienced personnel to access and complete the necessary forms and to help you restore your title as intended. On some occasions, the issues behind a document alert notification are caused by improper indexing, filing errors or typos during the filing process and may not be too complicated to resolve. In other situations, there may be complications that require us to retain attorneys on your behalf. Although we cannot commit to provide unlimited access to attorneys, we frequently make available to our subscribers at no additional cost attorneys and other consultants who can help you restore your title at no additional costs to you. Upon the completion of the process, the title will be returned to its original state and you will receive a new "document alert notification" reflecting the restoration result. For the avoidance of doubt, HOME TITLE LOCK IS NOT AN INSURANCE PRODUCT.
V. FORWARD-LOOKING STATEMENTS
Home Title Lock press releases, presentations and printed remarks and materials are included on the Website for historical purposes only. The information contained in these documents should be considered accurate only as of the date stated in the relevant document. This information may change over time; therefore, visitors to the Website should not assume that the information contained in these documents remains accurate at a later date. We do not have any current intention, and expressly disclaim any obligation, to supplement, update or revise any of the information in these documents. The Website may contain information considered to be forward-looking and reflects management’s current expectations. These forward-looking statements may be identified by terminology such as may, will, could, should and expect, and the negative of these terms or other similar expressions. We remind you that these statements involve known and unknown risks, uncertainties and other factors that may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such factors include, among others: our limited operating history and variability of operating results; our ability to identify and retain key customers; our ability to anticipate consumers’ desires and design new services that incorporate feature sets that are attractive to our customers; our ability to manage and maintain our affiliates; our dependence on key employees; changes in laws and regulations; risks associated with general economic uncertainty; and other risk factors. You should not place undue reliance on these forward-looking statements.
VI. LIMITED LICENSE TO ACCESS AND USE THE WEBSITE; NO UNLAWFUL OR PROHIBITED USE
You may access, download or copy content on the Website only for personal, informational and non-commercial purposes; provided, however, that the Home Title Lock trademark and copyright symbol and statement (as set forth on each such page of the Website) appears on each copied or downloaded page and no modifications are made to any content on the Website. The rights expressly granted in the preceding sentence to you constitute a license and not a transfer of title. Home Title Lock reserves the right to revoke your limited license to access, download and print the content available on the Website at any time, and any such use by you shall be discontinued immediately upon written notice from Home Title Lock.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from the Website in whole or in part without the prior written permission of Home Title Lock. You may not “mirror” any content contained on the Website on any other server without Home Title Lock’s prior express written permission. Any unauthorized use of any content contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any rights not expressly granted in these Terms and Conditions are reserved by Home Title Lock.
VII. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website. You agree that you will abide by these Terms and Conditions and will not:
You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of any content from the Website or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Home Title Lock will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
VIII. FREE TRIAL PROMOTIONS
Free trial promotions are valid for up to 10 actively monitored properties per account and during any recurring subscription plan time period. Please contact us should you wish to inquire about other options for your subscription service and additional properties. You must request cancellation of your subscription service before the end of the free trial period to avoid charges for the recurring subscription plan going forward.
We may cancel/terminate your access to all or any part of the Products and Services at any time, with or without cause and with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your subscription plan. Should you wish to close your account, you may do so by contacting us using the methods set forth under the “Help” section of the Website or by submitting a support request through the Website. All cancellations/termination are subject to Refund Policy described above in these Terms and Conditions.
All contents of the Website are copyright 2014-2020 by Home Title Lock. All rights are reserved. All text, electronic documents, graphics, audio, video and other content published on the Website are protected by United States and international copyright laws. Distribution or publication of any content taken from the Website in any form without prior written permission of Home Title Lock is expressly forbidden.
Home Title Lock is a registered trademark of Home Title Lock Corporation, and certain other product names, service names, slogans, and related logos are trademarks of Home Title Lock in the United States and other countries. You are not permitted to use these trademarks, or any other Home Title Lock trademarks, without the prior written consent of Home Title Lock. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Our use of third party trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Home Title Lock and its products; or (2) an endorsement of the company or its products by Home Title Lock.
XII. LINKS TO THIRD PARTY SITES
The Website may contain hyperlinks to third party websites that are not controlled, endorsed, or adopted by Home Title Lock. Home Title Lock makes no representations or warranties of any kind regarding any content located on such third party websites and is not responsible for and does not endorse or accept any responsibility over such content or your use of third party websites, including without limitation the accuracy, reliability, or completeness of any information, data, opinions, advice or statements made on any such third party websites.
You acknowledge and agree that your interactions with third parties providing third party content are solely between you and such third parties. Third parties may impose their own terms, policies, or processes, separate from these Terms and Conditions, and you should carefully review all such third party terms. Your access to and use of any third party content and your acceptance of any third party terms is at your own risk.
XIV. WARRANTY DISCLAIMER
THE WEBSITE AND THE INFORMATION CONTAINED THEREIN AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOME TITLE LOCK AND ITS AFFILIATES DISCLAIM, WITH RESPECT TO WEBSITE AND ITS CONTENT AND THE PRODUCTS AND SERVICES, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HOME TITLE LOCK DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HOME TITLE LOCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, TIMELINESS, OR OTHERWISE. YOU (AND NOT HOME TITLE LOCK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE, AND/OR THE PRODUCTS AND SERVICES. HOME TITLE LOCK FURTHER EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY APPLICABLE TITLE REPORT PROVIDED BY YOU OR ON YOUR BEHALF IN CONNECTION WITH THE PRODUCTS AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
XV. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HOME TITLE LOCK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF HOME TITLE LOCK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE. HOME TITLE LOCK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. HOME TITLE LOCK ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL HOME TITLE LOCK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO HOME TITLE LOCK OR ITS AFFILIATE, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).
YOU AND HOME TITLE LOCK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND HOME TITLE LOCK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
XVI. ARBITRATION AGREEMENT
ALL DISPUTES BETWEEN CLIENT AND HOME TITLE LOCK SHALL BE DECIDED EXCLUSIVELY BY ARBITRATION. HOME TITLE LOCK AND CLIENT AGREE TO PRIVATE ARBITRATION IN A FINAL AND BINDING MANNER, OF ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN CLIENT AND HOME TITLE LOCK (INCLUDING ANY OF HOME TITLE LOCK’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT AND THE HOME TITLE LOCK SERVICES; ANY PAST, PRESENT, OR FUTURE TRANSACTION, INTERACTION, OR SERVICE PROVIDED BY HOME TITLE LOCK AT ANY TIME. THE ARBITRATOR SHALL NOT HAVE ANY JURISDICTION TO HEAR ANY CLAIMS FOR CLASS ACTION REMEDIES OR OTHER ACTIONS WHERE THE CLIENT SEEKS A RECOVERY FOR THE BENEFIT OF OTHERS. CLIENT IRREVOCABLY WAIVES THE RIGHT TO BRING SUCH REPRESENTATIVE CLAIMS AS FURTHER OUTLINED BELOW. THIS ARBITRATION SHALL BE GOVERNED BY AND UNDER THE COMMERCIAL ARBITRATION RULES OF JUDICIAL AND MEDIATION SERVICES (“JAMS”). THE COST OF THE ARBITRATION SHALL INITIALLY BE SHARED BY THE PARTIES, HOWEVER, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ASSESS ARBITRATION COSTS IN FAVOR OF THE PREVAILING PARTY. SHOULD THE LAW PROHIBIT THIS, THEN CLIENT’S OBLIGATIONS TO SHARE IN THE ARBITRATION COSTS SHALL BE MODIFIED SO AS TO COMPLY WITH LAW. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO THE LAWS AND PROCEDURES FOR THE STATE OF CALIFORNIA AND/OR THE FEDERAL ARBITRATION ACT AND THE LAW TO BE APPLIED IN THE ARBITRATION SHALL EXCLUSIVELY BE THE LAWS OF THE STATE OF CALIFORNIA. ANY ARBITRATION AWARD MAY SUBSEQUENTLY BE CONFIRMED IN A COURT WITHIN SAN DIEGO COUNTY, CALIFORNIA.
XVII. WAIVER AND SEVERABILITY
Any waiver by Home Title Lock of any provision of these Terms and Conditions must be in writing. If any portion of these Terms and Conditions is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable, and you in such event agree to submit to the exclusive personal jurisdiction of the appropriate state or federal courts in San Diego County, California in any proceeding relating to any such claim or dispute. The remainder of these Terms and Conditions shall continue to be enforceable and valid according to terms contained herein.
XVIII. ENTIRE AGREEMENT
These Terms and Conditions, together with any amendments and any additional agreements you may enter into with Home Title Lock in connection with the Website and the Products and Services, shall constitute the entire agreement between you and Home Title Lock concerning the Website and the Products and Services.
If you have any questions regarding these Terms and Conditions, please visit our “Contact Us” page for answers and our contact information.
XX. RIGHTS AND REMEDIES NOT EXCLUSIVE
No right or remedy available to Home Title Lock under these Terms and Conditions shall be exclusive of any other right or remedy available to Home Title Lock pursuant to applicable law, and all rights or remedies available to Home Title Lock under these Terms and Conditions or applicable law shall be cumulative and in addition to every other right or remedy available to Home Title Lock.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Home Title Lock reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
XXII. INFORMATION CONTROL
Home Title Lock does not control the information provided by other users and made available through the Website. You may find other user’s information to be inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using the Website.
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation or construction of these Terms and Conditions.
BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE WEBSITE.
Last Updated: October 14, 2020-v-3
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