By accessing the Website, you are agreeing to be bound by these Terms, and all applicable laws and regulations. If you do not agree with anything contained in these Terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark law. Please read these Terms carefully. If you do not agree to abide by these Terms, you agree not to use the Website, and we do not consent to provide you with access to the Website.
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN WARRANTY AND LIABILITY DISCLAIMERS AND AN AGREEMENT TO ARBITRATE ANY DISPUTES ARISING HEREUNDER. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE OFFERED BY TITLE BROTHERS. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.
Using Our Website.
In connection with your permitted use of our Website, we grant you a non-transferable, non-exclusive, limited license to access and use the Website solely in connection with viewing the Website for your personal or internal business purposes. Unless you have explicit written permission from us, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion, use of, or access to, the Website. You may access and use the Website only for lawful purposes and in accordance with these Terms.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Title Brothers as a result of these Terms or use of the Website. You agree not to hold yourself out as a representative, agent, or employee of Title Brothers, and further that Title Brothers shall not be liable for any representation, act, or omission by you.
The Website is intended only for use by U.S. residents. We make no claim that the Website or its contents are accessible or appropriate outside the United States. The Website may not be used by any person or entity in any jurisdiction or country where any such distribution or use would be contrary to local law or regulation. Not all products and services are available in all areas, and your eligibility for any particular product or service is subject to the final approval and acceptance of Title Brothers. We may discontinue or make changes to the information, products, or services described in the Website at any time without prior notice.
You may be required to create an account with us (“User Account”) in order to access and use certain features on the Website. To create a User Account, you must be at least eighteen (18) years of age and will be required to provide us with information about yourself, such as your name and email address.
By creating a User Account, you agree that you shall (i) provide true, accurate, current and complete information about yourself as requested during the registration process, and (ii) maintain and promptly update such information to ensure that it is true, accurate, current and complete. If your information changes at any time, you are responsible for updating your User Account to reflect those changes. We may, at any time and in our sole discretion, require you to update your User Account or provide additional information. If you fail to respond to such request or otherwise provide any information that is untrue, inaccurate, not current or incomplete, Title Brothers may, at its sole discretion, suspend or terminate your User Account and refuse any and all current or future use of the Website or any portion thereof.
Additionally, by creating a User Account, you agree that you are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and any right we grant to you to access and use the Website is and shall be revoked where these Terms or your use of the Website is prohibited or conflicts with any applicable law, rule or regulation.
You are responsible for safeguarding your username, password, and other log-in information (e.g., answers to security questions) (“Credentials”) that you use to access your User Account. You must immediately log off from your User Account at the end of each session. You agree not to disclose your Credentials to any third party. You are solely responsible for all uses of your Credentials, including, but not limited to, any account activity or transactions conducted through the use of your Credentials, whether or not authorized by you.
Third Party Websites.
The Website may contain links to and/or incorporate third party websites and services. Title Brothers provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Title Brothers has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
You acknowledge that Title Brothers utilizes Qualia Connect to offer a secure portal which supports the functionality of the Website, including the ability to create and modify User Accounts. You understand and agree that Qualia Connect is offered by a third party, Qualia Labs, Inc. (“Qualia”), and that by interacting with Qualia you agree to its terms, policies, and security practices, accessible at the following links: https://www.qualia.com/terms/ and https://www.qualia.com/privacy-policy/. If you do not agree to such terms and policies, you may not use the features of the Website that utilize Qualia Connect.
You are solely responsible for any data, information, text, files, designs, photographs, comments, feedback, suggestions, ratings, reviews, or other materials you upload or submit to us and/or the Website (“User Content”). You agree that any User Content: (i) will be true and accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right held by you or a third-party, such as, but not limited to, trademark, copyright, right of privacy, or right of publicity; and (iv) will not cause any harm, damage, or other injury to the Website, Title Brothers, another User, or any other person or entity. You are solely responsible for the User Content you submit in connection with the Website, and Title Brothers assumes no liability for any User Content submitted by you. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Intellectual Property and Website Content.
The Website and its contents, features, and functionalities (“Content”) are and shall remain the property of Title Brothers and its third-party licensors. The Content is protected by copyright, trademark, and other similar intellectual property rights under applicable law. You may access and use the Content and download and/or print out a single copy of any Content from the Website, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Content and/or Website.
Our name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Title Brothers and its affiliates or licensors. Our trademarks and trade dress may not be used for any purpose without our prior written consent. You have no right, title, or interest in or to the Website or any of its Content.
We reserve all rights not expressly granted in and to the Content and Website.
Title Brothers respects the intellectual property of others and expects its Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Website of any User who repeatedly infringes the rights of copyright holders.
We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then you must send us a written notice that includes all the following:
a legend or subject line that says: “DMCA Copyright Infringement Notice";
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, your electronic or physical signature.
We will only receive DMCA notices by email directed to our designated agent at the email address below:
We may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Website to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights and will subject you to legal liability.
In addition, in connection with your use of the Website and its Website, you agree not to:
Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking" or defacing any portion of the Website;
Use the Website for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
Disable, damage or alter the functioning or appearance of the Website, including the presentation of advertising;
“Frame" or “mirror" any part of the Website without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine", “scrape", “harvest" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Harvest or collect information about other Users of the Website without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other Users of the Website;
Transmit any content which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Website and the Content made available therein. We aim to prevent, detect and not knowingly facilitate money laundering and terrorism financing activities. You may not use the Website in a manner which violates any anti-money laundering, counter terrorist financing or similar regulatory obligations.
We reserve the right to suspend or terminate your access to the Website, in our sole discretion, in the event your use violates these Terms, or, after reasonable inquiry, we are unable to obtain information about you which is required to verify your identity, should the same be necessary. We may require you to provide additional information or documents to verify your identity, including your date of birth, physical address, taxpayer or other identification number, your physical address, government issued identification document or other information that will allow us to reasonably identify you.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THERETHROUGH, IS PROVIDED “AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TITLE BROTHERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS, AND ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR WEBSITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Title Brothers and its affiliates, suppliers, agents, sponsors, information providers, and any other third-party involved in or related to the making or compiling of the Website and/or Content do not warrant that your use thereof will be uninterrupted, error-free or secure, or that the Website or the server(s) on which it is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of the Website and/or Content and your reliance thereon. No opinion, advice, or statement of Title Brothers or its affiliates, suppliers, agents, members, sponsors, information providers, or visitors, whether made on the Website or otherwise, shall create any warranty.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER TITLE BROTHERS NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE WEBSITE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCTS OR SERVICES USED OR PURCHASED THROUGH THE WEBSITE. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF TITLE BROTHERS, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD-PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE WEBSITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TITLE BROTHERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM, OR ONE HUNDRED ($100.00) DOLLARS, WHICHEVER IS GREATER.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You agree to fully indemnify, defend, and hold Title Brothers and its subsidiaries, affiliates, officers, directors, employees, agents, third-party providers, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website, Content, or any goods or services obtained through your use thereof; (ii) any User information you upload or submit to us, whether through the Website or otherwise; (iii) your breach or violation of the terms in these Terms, any representation, warranty, or covenant referenced in these Terms, or any applicable law or regulation; (iv) your activities in connection with the Website or other websites to which the Website is linked; (v) any negligent act or omission or any willful misconduct by you; and/or (vi) any inaccuracies in the information provided to you through the Website.
Revisions and Errata.
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained on our Website at any time without notice. We do not, however, make any commitment, nor are we under any obligation, to update the materials.
If you provide us with any comments, bug reports, feedback, ratings, reviews, or modifications proposed or suggested by you to the Website and/or Products (collectively, the “Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Website for any purpose.
This Section of the Terms shall be referred to as the “Arbitration Agreement”. For purposes of the Arbitration Agreement, you and Title Brothers are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website and/or the Content, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
What Claims Are Covered.
This Arbitration Agreement governs, to the fullest extent permitted by law, all claims or disputes between you and Title Brothers. References to you or Title Brothers include our respective suppliers, vendors, service providers, or their respective subsidiaries, officers, agents, partners, employees or consultants, predecessors in interest, successors, and assigns. To the fullest extent permitted by law, this Arbitration Agreement includes but is not limited to any and all claims for relief and theories of liability, between you and Title Brothers, whether based on contract, tort, fraud, negligence, regulation or ordinance; claims for relief under any state or federal statutes, including, but not limited to: the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Truth in Lending Act, Real Estate Settlement Procedures Act, and other statutes; claims based on alleged violations of federal regulation or state equivalents, including regulations from the Department of Housing and Urban Development, Consumer Financial Protection Bureau, and Federal Deposit Insurance Corporation; and claims for common law, fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Title Brothers, any interactions between you and Title Brothers, and/or claims arising from or related to any contract you enter into with Title Brothers. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Exception – Litigation of Small Claims Court Claims.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.
Class Action Waiver.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Thirty Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to ______________. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.
Governing Law and Jurisdiction.
You agree that your use of the Website shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law rules. The state and federal courts of Miami-Dade County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms that is not subject to the Arbitration Agreement.
These Terms may be amended by Title Brothers from time to time. You agree that you will review these Terms prior to using the Website, and that your participation and continued use of the Website will constitute acceptance of these Terms, as they may be amended from time to time. A new version of these Terms will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of these Terms which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Website or (b) the refinement of provisions that are already included or referred to in these Terms. In either case, if you do not wish to be governed by the new version of these Terms, you must notify us and agree there shall be no further provision of or access to the Website. We shall not have any liability to you in such an event.
Operation of the Website.
You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Website, and (iii) otherwise manage the Website in a manner designed to protect the rights and property of Title Brothers and its licensors and Users, and to facilitate the proper functioning of the Website.
This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Website via the email indicated below, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Title Brothers shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, act of god, pandemic or epidemic, or any other cause whatsoever, which is beyond our reasonable control.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website. Modifications to these Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of Title Brothers.
You consent to receive notices and other communications regarding these Terms through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that Title Brothers provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms or the Website, you may contact us by email at _____________, or the mailing address below:
1700 E. Las Olas Blvd., Suite 203
Fort Lauderdale, FL 33301
Last Updated: December 9, 2021