US TITLE SEARCH NETWORK
TERMS OF USE AND NOTICES

AGREEMENT BETWEEN YOU AND US TITLE SEARCH NETWORK

The US Title Search Network is a web service operated by US Title Search Network Services, Inc. ("USTSN") that permits you to search and display land and other legal records filed with local government recording offices.

For convenience, we will refer to the content on www.ustitlesearch.net and other USTSN web sites together as the "Network."  We will refer to the content available on the Network and the services available as part of the Network as the "Network Services."

These Terms of Use constitute a legal agreement between you and USTSN.  You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Network Services.  If you do not accept these Terms of Use in their entirety, you may not access or use the Network Services.

US Title Search Network does not guarantee availability of the services and portion of the network services may be unavailable from time to time for system maintenance or utility functions.

Portions of the Network Services may be governed by posted guidelines, rules, or other terms and conditions.  All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use.  In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall prevail.  However, the US Title Search Network Privacy Statement, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the Network Services with respect to the subject matter covered by the US Title Search Network Privacy Statement.

MODIFICATION OF THESE TERMS OF USE

USTSN may wish to update or change the terms, conditions and notices for the Network Services from time to time to reflect changes in the service, changes in the laws affecting the Network Services, or for other good reasons.  You understand that USTSN reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices.  Continued access to or use of the Network Services after any such change shall constitute your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Network Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may only use the Network Services for your own personal and non-commercial purposes.  You must enter into a different legal agreement with USTSN if you wish to offer the Network Services to users of your own application, web site or web service.  You may not use any software or hardware that reduces the number of users directly accessing or using the Network Services (sometimes called "multiplexing" or "pooling" software or hardware).

You may not extract information and services provided by US Title Search Network by automated means.  The information is only available via the published access mechanisms and other unattended automated methods of extractions are prohibited.  USTSN may use throttling methods to limit continuous automated network extraction.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Network Services for any commercial purposes or uses except as expressly provided in these Terms of Use.

All access to the US Title Search Network must be gained by first signing into a valid US Title Search Network subscriber account.  Failure to comply with published access method shall entitle US Title Search Network to block access by whatever means available.

Use your US Title Search Network account is only permitted for the single company or individual who signed up for the account for a single business location.  If you operate from multiple business locations, you must have an account for each location.  Your are not permitted to share your username and password with other persons or companies and you are responsible for all service requests made using your account.

Single Day search units provided with your paid subscription are not a paid service and are provided as a free service to our subscriber.  Single Day search availability and services are subject to change.

PRIVACY AND PERSONAL INFORMATION

You are required to have a US Title Search Network account to use the Network Services.  To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current.  USTSN agrees that it will only use your personal information in accordance with the terms of the US Title Search Network Privacy Statement, which is located at http://www1.ustitlesearch.net/PrivacyStatement.asp.

You are responsible for maintaining the confidentiality of your password and account information.  Furthermore, you are responsible for all activities that occur in your account and you agree to notify USTSN immediately of any unauthorized use of your account.  USTSN is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The web pages that are part of the Network Services may contain links to other web sites ("Linked Sites").  The Linked Sites are not under the control of USTSN and USTSN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  USTSN is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is USTSN responsible if the Linked Site is not working appropriately.  USTSN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by USTSN of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Network Services or are identified in the web pages that are part of the Network Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Network Services, you agree that you will not use the Network Services for any purpose that is unlawful or contrary to these Terms of Use.  You also may not use the Network Services in any manner that could damage, disable, overburden, or impair the Network Services or interfere with any other party's use and enjoyment of them.  You may not attempt to gain unauthorized access to any US Title Search Network account, computer systems or networks associated with the Network Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Network Services.

TERMS OF USE FOR US TITLE SEARCH NETWORK PARTICIPATING SITES AND SERVICES

These Terms of Use apply to you whenever you access or use any Network Services.  When you use the Network Services to gain access to any US Title Search Network participating site or service, the terms and conditions associated with that site or service may also apply to you.  Please refer to the applicable terms of use associated with each participating site or service that you visit.

RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

USTSN wants your voluntary feedback and suggestions on the Network Services so that we can continually improve the services for you and other customers.  When you submit feedback and suggestions, please understand that USTSN needs to have full rights to use your feedback and suggestions without any encumbrances.  In particular, you should understand that by submitting any feedback or suggestions to USTSN concerning the Network Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting USTSN and its affiliated companies permission to:

Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction.  No compensation will be paid with respect to USTSN' use of the materials contained within such feedback or suggestions.  USTSN is under no obligation to post or use any materials you may provide and may remove such materials at any time at USTSN' sole discretion.

This section is inapplicable to any personally identifiable information that you provide in connection with your registration for the Network Services.  For terms and conditions governing the use of such information and for more information on how the Network Services work, please refer to the US Title Search Network Privacy Statement at http://www1.ustitlesearch.net/PrivacyStatement.asp.

This section also is inapplicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any US Title Search Network participating sites and services.  Please refer to the terms and conditions for such US Title Search Network participating sites and services to determine the rights of the web site or service provider to such documents, information and/or data.

SOFTWARE AND CONTENT AVAILABLE ON THE NETWORK SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the Network Services ("Software") is owned by and is the copyrighted work of USTSN and/or its suppliers.  Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement").  You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.  For any Software not accompanied by a license agreement, USTSN hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Network Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.  All Software is owned by USTSN and/or its suppliers and is protected by copyright laws and international treaty provisions.  Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.  THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A.  You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

LIABILITY DISCLAIMER

USTSN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE NETWORK SERVICES FOR ANY PURPOSE.  THE INFORMATION RETRIEVED FROM THE NETWORK IS NOT AN OFFICIAL RECORD AND NOT MEANT TO BE A REPLACEMENT FOR A SEARCH OF THE OFFICIAL RECORDS FROM THE OFFICIAL RECORDS OFFICE AND AS SUCH SHOULD NOT BE USED FOR SUCH PURPOSES.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  USTSN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL USTSN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NETWORK SERVICES, WITH THE DELAY OR INABILITY TO USE THE NETWORK SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE NETWORK SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USTSN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETWORK SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK SERVICES.

CUSTOMER SUPPORT

USTSN provides information about how to use the Network Services on the Web pages that are part of the Service.  If you have any questions about the Network Services or any problems that you would like to report, please direct them to http://www1.ustitlesearch.net.

TERMINATION/ACCESS RESTRICTION

USTSN reserves the right, in its sole discretion, to terminate your access to the Network Services or any portion thereof at any time, without notice.

USTSN may also terminate or suspend your access to the Network Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by USTSN.  The amount of time that USTSN currently considers an "extended" period of time (if any) is described in the FAQ for the Network Services.  Upon termination of your US Title Search Network account, your right to use the Network Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of Tennessee, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Rutherford County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Network Services.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and USTSN as a result of these Terms of Use or use of the Network Services.

USTSN may assign these Terms of Use, in whole or in part, at any time.  USTSN' performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of USTSNs right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Network Services or information provided to or gathered by USTSN with respect to such use.  You agree to indemnify and hold USTSN, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Network Services, except where prohibited by law. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and USTSN with respect to the Network Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and USTSN with respect to the Network Services.  A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the US Title Search Network Web Site are: Copyright 2003 US Title Search Network Services, Inc. and/or its suppliers, c/o USTSN, Inc., 1197 Hazelwood Drive, Suite 101, Smyrna, Tennessee 37167 U.S.A.  All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious.  No association with any real company, organization, product, person, or event is intended or should be inferred.

USTSN may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Network Services, including the Web pages that are part of the Network Services.  Except as expressly provided in these Terms of Use, the provision of the Network Services and the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property.  Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.  ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  See Notice and Procedure for Making Claims of Copyright Infringement for more information, located at http://www1.ustitlesearch.net/info/copyright.htm.

FOR INFORMATION REGARDING THE US TITLE SEARCH NETWORK PRIVACY STATEMENT, GO TO http://www1.ustitlesearch.net/PrivacyStatement.asp.

Revised October 6, 2009