WEBSITE USER AND CLIENT
TERMS AND CONDITIONS
These Terms and Conditions govern your purchases and/or information submissions to Records Research and Document Services, LLC and use of,
access to, and purchases from and the following Web site:
www.titlerecovery.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”
IMPORTANT! By accessing, using, viewing, reading,
printing, purchasing, submitting informaiton for a quote 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.
Site, company, and website refers to TitleRecovery.com, and/or Records Research and Document Services LLC. Client, Visitor, User, or Client refers to any website visitor, user of services, or viewer of information provided by the company.
A vehicle transaction cannot proceed from start to finish without legal judgments and conclusions being made. Certain activities incident to a vehicle 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 be readily available to respond to any inquiries or issues that may arise. The SITE does not provide any of these legal services.
You are solely responsible for ensuring that title is suitable for any proposed use.
It is up to the buyer of the services to only use the information provided by Company 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 Company 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 SERVICES FOR AN ILLEGAL OR PROHIBITED PURPOSE. THE SERVICE AND/OR DATA PROVIDED ARE NOT PROVIDED FOR ANY PROHIBITED USE.
Client agrees to the following terms and conditions, as evidenced by using this website and/or the services of Records Research and Document Services, LLC.
Records Research and Document Services, LLC ("Company") is a third party administrator for legal documentation processed through State Motor Vehicle Departments. Company is an agent for processing such documents. Client agrees to provide Company with factual and legitimate documentation and vehicle information. Client is responsible for providing Company with factual and legitimate information and agrees to hold harmless and indemnify the Company, websites, employees, owners, officers, contractors, and other related parties from any liability, damages, or other types of claims. Client is solely responsible for any and all action taken against Client in the event of providing Company with false information. Client understands that by signing the Company's Vehicle Requisition Form that they are certifying that they are the appropriate owner of the vehicle or lienholder of the vehicle and are authorizing Company to process provided information to acquire a duplicate, replacement, or new original title in name of owner.
Client is urged to obtain as much historical information about titled vehicle prior to titling the vehicle. Information can include but is not limited to; state registration rules and regulations regarding inspections and sales tax, discovery of prior owner, history of vehicle, stolen vehicle reports, flood damage, abandonment, prior liens, outstanding liens, valid sales tax liens, and repossession. Site and company does not provide legal services, only acts on the specific direction of the client.
Client understands the process for issuing and printing a new title in their name will take between 4-6 weeks or more. Client understands that Company is not affiliated with any State Department of Motor Vehicle departments, does not issue or print titles but acts as an third party administrator of the submitted applications, affidavits, and processing fees associated with obtaining a title. Company will remain in contact with Client throughout the process and inform of progress as needed. If Client has any questions during the process, they are encouraged to call 877-573-8829 at any time.
Client understands that payment is due upon receipt of order. Client understands that title will normally be mailed within 4-6 weeks of original order processing. Client understands that title may not be from the state they reside. Credit card numbers are not stored by the company as a result of web placed orders. In no case will any damages or liability exist beyond the actual net price paid for the product by the Client.
Company agrees to keep the information of the visitor private. The contact information will only be used for payment processing, order delivery, and follow up. The information will not be released to third parties beyond these uses, for advertising or marketing.
The company may be contacted at the following address:
Records Research & Document Services LLC
6625 HWY 53 E #410-125
Dawsonville, GA 30534
Any records report or product provided by the company is provided on an as-is basis. Client assumes all liability of use, including but not limited to errors, omissions, loss, or damages. Many of the services provided by the site can be performed directly by the client, for a lower cost.
The product is to be used solely for the end-use by the visitor. No third-party use is authorized
No warranty, fitness for a specific purpose, guarantee, or other representations are provided or implied by the company. None should be assumed or relied upon by the client. This includes website description or subsequent communication by phone, email, or other means.
No communication or information provided by the company is to be considered as legal advice or opinions. The company is not a law firm, nor does it employ attorneys.
There may be errors in the report provided, originating from the records source, from the search process, or from negligence.
Please verify that your usage of any information provided to you matches the terms and conditions under which they are provided. Modifications to these terms cannot be made by any company representative.
1. REFUND POLICY
The Company will provide a refund, minus the fees applied for the background investigation, to Client if the vehicle, prior title owner/s or applicant fails the background check or if the Company is unable to provide a title or transferrable registration for the vehicle.
The Company will not provide a refund if the Client is unwilling or unable to pay applicable sales tax or any existing liens associated with obtaining the vehicle title or transferrable registration. The Company will not provide a refund to client if after ordering services with Company the client receives the title through any other means. Client understands and agrees to waive any refund if Client cancels this process, fails to act, or fails to pay any amount while Company is otherwise able to process the title request.
2. SALES TAX POLICY
Client is solely responsible for paying any applicable sales tax required to obtain the title or transferrable registration for the subject vehicle. The Company does not calculate the sales tax. Sales tax is calculated by the State that is being used to obtain the title, which may not be the state where client resides. In general, the States base the sales tax on either the Bill of Sale or an approved appraisal guide, whichever value is higher.
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.
4. 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.
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.
5. Products, Services & Notices
Changes in the law may affect the scope of the results provided. 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 inspection, 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 THE services of an attorney. 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.
SITE performs data research services only, and does not offer an opinion of title.
6. Access to, and Interference with, SITE
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.
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.
7. 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.
8. 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.
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.
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 sending 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.
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.
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 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.
10. 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.
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.
12. Links and Linking
13. 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. 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.
14. 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.
15. 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 clients 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.
16. 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.
17. 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.
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.
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.
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.
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.
18. 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 partially prepared by Lawrence G. Walters, Esq.,