Search Policy Typing and Other Services Agreement
THIS WEB SITE (ordersgateway.com or such other address as Stewart Title Guaranty Company may choose) MAY BE ACCESSED AND USED ONLY BY THOSE PARTIES WHO AGREE TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS.
IF YOU WISH TO USE THIS WEB SITE, YOU MUST READ AND AGREE TO BE BOUND BY THIS AGREEMENT.
The purpose of the Web Site is to permit the User to order and receive certain products and services ("Services") offered by Stewart Title Guaranty Company.
A list and description of the Services may be found within the Web Site.
Services may be added, deleted, or modified, from time to time, at PIC's sole discretion.
Search packages obtained from this site are intended to be used for non-insurance purposes. However, if recipient uses the search package to issue insurance it is their sole responsibility to certify and assure that they abide by all State and local laws and are duly licensed within the State and by any and all governing bodies. See D. User Representations, Warranties, and Obligations.
A. Orders and Delivery:
B. Fees, Billing, and Payment:
- Orders: Each request for Services is made by placing an order (the "Order") through the Web Site in accordance with the instructions on the Web Site.
- Delivery: The delivery options and expected delivery times are set forth on the Web Site and until an Order is placed are subject to change from time to time at PICís sole discretion. You may use the Services only for Userís intended business purposes.
D. User Representationsi , Warranties, and Obligations
- 1. Fees. The current fees for the Services ("Fees") and the billing and payment options ("Billing Options") are set forth on the Web Site. Fees are agreed to at the time the Order is placed. Fees and Billing Options may change from time to time at PICís sole discretion as to new Orders. Fees are earned by PIC at the time User places the Order subject only to delivery of the Services and a limited right to cancel as described below.
- Billing and Payment. Unless User has elected an alternative Billing Option on the Web Site, or has a separate written, mutually agreed upon payment plan with PIC that explicitly supersedes this section of the Agreement, all Fees are due and payable within thirty (30) days of delivery of the Order. Fees not paid with the agreed upon time periods are subject to interest at the lesser of: the highest rate permitted by applicable law or ten percent (10%) per annum from the due date until the date PIC receives the payment. If payment is thirty (30) days or more past due, User is in default of this Agreement and PIC has the right to disabled or suspend Userís access to the Services until User brings the account current.
- Cancellation Policy. PIC will accept cancellations within the first 12 hours of the Order being placed at no charge to the User. After 12 hours and up to 24 hours PIC will accept cancellations at a charge of 50% of the Service ordered. After 24 hours the full charge for the Service ordered will be due. This Cancellation Policy shall apply without exception unless User has a separate written, mutually agreed upon cancellation plan with PIC that explicitly supersedes this section of the Agreement.
- Service Update Policy. A Service ordered through the Web Site can be updated at the current update fees up until 90 days after the completed date of the original Service. Thereafter, the Service will have to be re-ordered at the current fees of a new Service. Unless User has a separate written, mutually agreed upon payment plan with PIC that explicitly supersedes this section of the Agreement.
E. PIC Representations, Warranties, and Obligations:
- User represents and warrants that the Business rules agreed to on the Web Site are Userís business rules (the "Business Rules"); that the Services comply with the Userís Business Rules; and that User is solely responsible for testing the Services for compliance with the Business Rules, including functionality and compliance with Userís requirements. User hereby indemnifies and holds PIC harmless for Userís Business Rules and its use of the Services.
- User represents and warrants that if any of the Services are to be used in connection with the issuance of title insurance, including but not limited to the issuance of commitments for title insurance, policies of title insurance, preliminary and final judicial reports, or title guaranties; and that User is a properly licensed title agency and as the title agency is performing the "core services" necessary to comply with the Real Estate Settlement Procedures Act, including, but not limited to, the examination of title, determination of policy issuance, curative, underwriting, and preparation of title commitments or title policies.
- As to each Order, User expressly agrees and accepts to the terms at the time of each request for Services the Fees, Billing Options, and all other terms and conditions on the Web Site each of which are incorporated herein at such time for all purposes. Unless User has a separate written, mutually agreed upon payment plan with PIC that explicitly supersedes this section of the Agreement.
- User agrees to handle all non-public consumer information in compliance with state and federal laws and regulations.
- If User desires that its production system to interact with the Web Site, the parties will agree as to the required technical information and data, terms, conditions, and fees, if any, of such interaction.
- Subject to any limitations set forth below, PIC represents and warrants it will provide the Services in a professional manner, with experienced and qualified personnel, and in conformance with industry standards.
- PIC will use commercially reasonable efforts to maintain availability of the Web Site and Services during PICís normal business hours between 8:00 am Ė 5:00 pm CT/CST. Scheduled and unscheduled interruptions may occur. PIC does not warrant or guarantee that the Web Site or Services availability will be uninterrupted.
F. Term and Termination. This Agreement shall commence on the date PIC issues User its User Identification and Password (the "Effective Date") and shall continue until terminated as provided herein. Unless terminated in accordance with another provision of this Agreement, this Agreement may be terminated by either party with or without cause by giving the other party thirty (30) days written notice. If this Agreement is terminated for any reason, User shall pay PIC within thirty (30) days of the termination date, all Fees earned and unpaid pursuant to this Agreement.
H. Disclaimers and Limitations of Liability.
I. User Id and Password.
- THE SERVICES CONTAIN DATA AND IMAGES GATHERED AND/OR DEVELOPED FROM PUBLIC RECORDS. THE INFORMATION AND DATA PROVIDED AS PART OF THE SERVICES ARE BELIEVED TO BE RELIABLE, BUT ARE NOT GUARANTEED TO BE CORRECT, ACCURATE, COMPLETE, OR FREE FROM ERROR. PIC HAS NO LIABILITY FOR ANY DATA OR IMAGES WHICH ARE NOT OF PUBLIC RECORD AS OF THE DATE OF THE REQUEST FOR SERVICES.
- USER ACKNOWLEDGES, UNDERSTANDS, AND ACCEPTS THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT PIC MAKES NO WARRANTIES, EXPRESS, IMPLIED, WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMENT or AS TO THE SERVICES, OR USERíS USE OF SAME. PIC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Neither PIC nor any of its affiliates shall be liable for any indirect, incidental, special, punitive, or consequential damages, including, but not limited to, lost profits or revenues. PIC accepts no liability for Userís Business Rules or their compliance with any law or regulation.
Some states or jurisdictions do not allow disclaimer or limitation on duration of implied warranties or the exclusion or limitation of liability for consequential or incidental damages. You may have other legal rights.
- Notwithstanding anything contained herein to the contrary or any remedies that may be afforded under applicable law, PIC's maximum liability to USER and USER's sole remedy for any actual loss or damage suffered by USER that arises from or is related to an error or omission caused by PIC or any breach of this Agreement by PIC shall be a refund to USER of the cost of the specific service for which an error or omission on the part of PIC has occurred.
- The rights of each party to indemnification under this Section shall be exclusive and shall be in lieu of all other rights and remedies to which such party may be entitled to pursue at law or in equity. Each party shall use commercially reasonable efforts to mitigate its losses.
- To the full extent permitted by applicable law, this Agreement shall be subject to a contractually agreed two (2) year statute of limitations.
User will be issued or otherwise assigned a User Identification to access and obtain the Services. User is solely responsible for all liabilities incurred through the use of its User Identification and that any transaction under its User Identification will be deemed to have been performed by User. User will immediately notify PIC of any unauthorized use of any User Identification or any other breach of security known to it.
Use of any User Identification other than as provided in this Agreement will be considered a breach of this Agreement by You.
If PIC accepts User as a customer, PIC shall give You your User Identification and Password It is recommended that you change your Password the first time you use the Web Site and at least quarterly thereafter.
This Agreement constitutes the entire agreement between PIC and User and supersedes any prior or contemporaneous communications, representations or agreements between the parties, whether oral or written, regarding the subject matter of this Agreement. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party.
USER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IT IS RECOMMENDED THAT YOU REVIEW THIS AGREEMENT WITH YOUR LEGAL COUNSEL BEFORE ACCEPTING THE TERMS AND CONDITIONS.