Terms

Terms of Use

General Terms of Use

THESE GENERAL TERMS OF USE (“TERMS OF USE” or “TOU”) ARE A LEGAL AGREEMENT BETWEEN YOU, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND US, AND IT GOVERNS YOUR USE OF THE SIMPLIFILE.COM WEB SITE AND ALL OF OUR SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEB SITE (THE SIMPLIFILE.COM WEB SITE AND ALL OF OUR SERVICES AND CONTENT ARE, INDIVIDUALLY AND COLLECTIVELY THE “WEB SITE”).

BY ACCESSING OR USING THE WEB SITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS OF USE AND AGREE TO BE BOUND BY THEM.  IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEB SITE.  “WE”, “US”, AND “OUR” REFER TO SIMPLIFILE, LC.

1. Electronic Contracts

a. Your use of the Web Site includes the ability to enter into agreements and/or make transactions electronically.

b. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

c. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO PAY FOR ANY OF SIMPLIFILE’S PRODUCTS AND SERVICES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE WEB SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

 

2. Sign up and Acceptance

By using with the Web Site:

a. You agree to the terms contained in this Agreement.

b. You fully understand and agree that you have established a business relationship with Simplifile.

c. YOU AGREE THAT SIMPLIFILE MAY CONTACT YOU BY TELEPHONE OR BY EMAIL REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH SIMPLIFILE EVEN IF CONSUMER’S TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST.

Simplifile provides means by which you may opt-out of further communication. If you are a current Simplifile customer, locate the link within the communication, which will redirect you to manage your communication preferences. If not currently a Simplifile customer, simply follow the opt-out link provided within the communication you received.

d. You are an adult (18 or older) resident of the United States of America (USA).

e. The Terms of Use also apply to any future change in Simplifile’s products and/or services.

f. By using the Web Site, you represent to Simplifile that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and on the Web Site and agree to follow all applicable laws and regulations.

3. Changes to Terms of Use

Simplifile may modify these Terms of Use at its sole discretion from time to time by posting modified Terms of Use on the Web Site. Your continued use of the Web Site and/or any software or application offered by the Company from that point forward will constitute agreement to such modifications. Simplifile will change the “Last Updated” date on its login screen into our application and on our public domain Web Site page located at Simplifile.com. Please review these Terms of Use periodically to be aware of any changes. As long as you comply with these Terms of Use, Simplifile grants you a non-exclusive, non-transferable, limited privilege to enter and use the Web Site. and/or usage of any software or application offered by the Company.

4. In General

These Terms of Use include any other generally-applicable terms available on the Web Site (including but not limited to our Privacy Policy, which you can review by clicking here Privacy Policy/Cookie Policy (the “Privacy Policy”), all of which are made part of these Terms of Use.

a. Purpose of the Web Site. This Web Site is owned by Simplifile, LC, the nation’s largest e-recording network, which connects settlement agents and county recorders via its e-recording service. Today Simplifile has broadened its services to include collaboration tools and post-closing visibility for mortgage lenders and settlement agents working together on real estate documents. Through Simplifile, users can securely record, share, and track documents, data, and fees with ease. We are not engaged in any particular real estate closing service business.  We do not endorse, recommend or favor any individual or firm listed on this Web Site.

b. Company Listings; Advertising. This Web Site contains information related to certain customers or subscribers to our services (hereinafter referred to as “Subscribers”) along with other related service information. The Subscribers either provide the information or we obtain the information from various sources generally deemed reliable. We cannot warrant the validity of the information, nor do we guarantee the quality of the services provided by the Subscribers.  We are not responsible for any material, information or products or services contained on the Subscribers’ websites or otherwise provided by Subscribers. Although attention has been taken to provide the most reliable, accurate and current information, all users of the Web Site and/or any software or application offered by the Company are encouraged to make their own independent investigation and evaluation of any Listee they might engage.

c. Data Disclaimer.  Though we make reasonable efforts to ensure that any data made available on the Web Site or our system application is accurate and reliable, this information is not guaranteed and may be subject to other terms and conditions imposed by the provider of such data.  We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of such information. You acknowledge that (a) either third party service providers or Simplifile may provide copies of documents and data filed through our Web Site to third parties associated with a transaction and (b) that such copies do not consist of nor contain Confidential Information as they are publicly filed by permission of you.

d. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Web Site and/or any software or application offered by the Company strictly in accordance with these Terms of Use; (b) to use the Web Site and/or any software or application offered by the Company exclusively for internal and business purposes; and (c) to print out discrete information and search results from the Web Site and/or any software or application offered by the Company exclusively for internal, and business purposes, provided that you maintain all copyright and other notices contained therein.

You may not make any other use of the Web Site and/or any software or application offered by the Company without our express consent.  Be aware that products, services and content provided by third parties, even if contained in the Web Site, may be subject to additional terms, conditions and permissions, so this license does not necessarily govern your rights with respect to products, services and content provided by third parties, even if the same are found on the Web Site.

e. Restrictions and Prohibitions on Use. Except as expressly authorized by us, you shall not and shall cause all of your users to not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Web Site and/or any software or application offered by the Company to any third party in any way, (b) access the Web Site and/or any software or application offered by the Company in order build a competitive product or service, or (c) copy, modify, harvest data from, or make any derivative works based upon the Web Site and/or any software or application offered by the Company, including without limitation to create a directory of Subscriber or mailing lists with data retrieved from this Web Site.

f. Transactions and Interactions with Subscribers or other Third Parties. We will not be liable in any way in connection with, any of the offerings, products or services advertised on or through the Web Site by any user (including Subscribers), or any sites on the Internet that may be directly or indirectly accessed through links in the Web Site that are not owned and operated by us, including but not limited to liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content therein.  You acknowledge and agree that we are not a party to any transaction between you and any other user of the Web Site, even if that transaction is facilitated, in whole or in part, through the Web Site. YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH OTHER USER AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, WE HAVE NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH.

g. Intellectual Property Rights. Except for the limited license contained in Section 5(d) above, nothing in these Terms of Use grants or should be construed to grant to you any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all rights, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and/or any software or application offered by the Company and its content belong to us, our licensors, or Subscribers, as applicable.

The “Simplifile” name, “Simplifile.com” name and logo, and the product and service names and logos associated with the Web Site and/or any software or application offered by the Company are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever.

h. No Solicitation. Consistent with our Privacy Policy, you shall not, and shall cause your users to not, use the Web Site, directly or indirectly, for the purpose of transmitting any unsolicited communications over the Internet to other users or any other third parties.  In forums or other interactive features made available through this Web Site, you may discuss or recommend third-party websites, products or services, so long as you have no financial interest in and receive no direct or indirect benefit from such websites, products or services, or the recommendation of such.

i. Title Insurance Company and Subscriber Ethics Notice. If you are a title insurance company or closing service provider participating in any aspect of this Web Site, including but not limited to, message boards, blogs, wikis or e-mail forums, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.

j. Third-Party Content. Third-party content may be accessible via links from this Web Site. We shall not be responsible for, and have no liability for, any mistakes, misstatements or violations of law, defamation, omissions, falsehood, obscenity, infringements or profanity in the statements, opinions, representations or any other form of content contained in such third-party content accessed through the Web Site. You understand that the information and opinions in such third-party content represent the thoughts of the Third-Party exclusively and is not endorsed by us, nor does it reflect our opinions, position or beliefs.

If any third-party content includes our Simplifile.com Registration Seal (the “Seal”), you agree that the Seal only signifies that the vendor including the Seal is bound by Simplifile.com’s Vendor Terms and Conditions and that the Seal neither constitutes an endorsement by us of that vendor, or any of that vendor’s products or services.

k. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. Your registration must be done using your real name and accurate information. We do not permit any other person using the registered sections under your username or email. You are responsible for preventing such unauthorized use, as well as for any consequences of such unauthorized use.

l. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, DATA, OR CONTENT, (B) THE WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE WILL MEET YOUR OR YOUR USERS’ REQUIREMENTS OR EXPECTATIONS, OR (D) THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE WEB SITE AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU.

m. LIMITATION OF LIABILITY AND DAMAGES. WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY OF YOUR CONTENT OR ANY THIRD PARTY CONTENT ON OR ACCESSIBLE VIA THE WEB SITE (INCLUDING YOUR PARTICIPATION IN MESSAGE BOARDS, BLOGS, WIKIS OR E-MAIL FORUMS AND ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE), (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, (E) YOUR MISUSE OF THE WEB SITE, OR (F) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FOR ANY REASON, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS ON LIABILITY DO NOT APPLY TO YOU OR ARE PROHIBITED BY LAW, OUR SOLE OBLIGATION AND LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.

n. Unlawful Activity. Please note that we reserve the right to investigate complaints or violations of our Terms of Use or other policies or of applicable law, rule or regulation, and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile(s), email addresses, usage history, posted materials, IP addresses and traffic information.

o. No Expectation of Privacy. We retain the right, with or without cause or notice to you, to access or monitor all Computer Information. You agree that you have no reasonable expectation of privacy in the Computer Information and expressly waive any right of privacy or similar right in the Computer Information. You agree that any Computer Information is or shall become our sole and exclusive property. “Computer Information” means all data, files, information and communications created, received, or stored on or passed through our computer and communications systems by you. 

p. Indemnification. You agree to indemnify and hold us, our officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your Content; (b) any breach by you of these Terms of Use or any act or omission of any of your users which would constitute a violation of these Terms of Use if done by you; or (c) any transaction or interaction between you or your users and any other person (including any other user), regardless of whether such transaction or interaction was facilitated in whole or in part by or through the Web Site. This obligation survives any termination of these Terms of Use.

q. Remedies for Violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Web Site and its features.

In addition, we reserve the right to terminate these Terms of Use or suspend your and/or your user’s access to the Web Site on notice to you if you or your users breach any provision of these Terms of Use.  Upon termination, you and your users’ right to access or use the Web Site pursuant to these Terms of Use immediately terminate.

r. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Utah without giving effect to its conflict of law principles or any other principles that would result in the application of a different body of law. YOU HEREBY AGREE THAT, EXCEPT FOR ACTIONS REGARDING INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SET FORTH BELOW, THE COURTS LOCATED IN UTAH COUNTY, UTAH, USA, WILL HAVE SOLE AND EXCLUSIVE VENUE AND JURISDICTION FOR THE RESOLUTION OF ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEB SITE AND YOU HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND IRREVOCABLY WAIVE ANY OBJECTIONS THERETO. YOU HEREBY IRREVOCABLY CONSENT TO SERVICE OF PROCESS FOR ALL ACTIONS IN SUCH COURTS. ANY JUDGMENTS RENDERED BY SUCH COURTS MAY BE ENTERED AND ENFORCED AGAINST YOU IN ANY JURISDICTION WHERE YOU OR YOUR ASSETS ARE LOCATED. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE, WE MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO ENFORCE OR PROTECT ITS RIGHTS HEREUNDER IN ANY COURT OF COMPETENT JURISDICTION THAT WE DEEM APPROPRIATE. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms of Use.

s. Severability of Provisions. These Terms of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and us with respect to access to and use of the Web Site. If any provision of these Terms of Use is found unlawful, void or unenforceable, such provision shall be deemed to be revised to a valid and enforceable provision that most closely approximates the original intent of the parties (or, if such revision is not permissible, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability), and the remaining provisions of these Terms of Use shall not be affected, and shall remain in full force and effect.

t. Modifications to Terms of Use; Additional Features. We reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and/or any software or application, and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site and/or any software or application offered by the Company after any such changes constitutes your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms of Use (and if they conflict with other terms of these Terms of Use, they shall control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.