ClosingCorp General Terms of Use

THESE GENERAL TERMS OF USE (“TERMS OF USE”) 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 CLOSING.COM WEB SITE AND ALL OF OUR SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEB SITE (THE CLOSING.COM WEB SITE AND ALL OF OUR SERVICES AND CONTENT ARE, INDIVIDUALLY AND COLLECTIVELY THE “WEB SITE”).

Before you continue, you should print or save a copy of these Terms of Use for your records.

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 CLOSINGCORP INC.

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, Copyright/Intellectual Property Policy, and our policies on forum participation and blogs), all of which are made part of these Terms of Use.

1. Purpose of the Web Site. This Web Site is owned by ClosingCorp Inc., a real estate information provider whose services assist consumers and real estate professionals in their search for various real estate closing services including title insurance.  We are not engaged in any particular real estate closing service business.  We do not provide any of the services that compete with, or are offered by,  companies listed in our directories nor do we endorse, recommend or favor any individual or firm listed on this Web Site.
2. Closing Service Company Listings; Advertising. This Web Site contains information related to closing service companies (hereinafter referred to as “Listees”) along with other related closing service information. The Listees either provide the information or we obtain the information from various sources generally deemed reliable. Still, we cannot warrant the validity of the information, nor do we  guarantee the quality of the services provided by the Listees. Determining the need for real estate closing services is an important decision and requires some analysis.  We are not responsible for any material, information or products or services  contained in the linked sites or provided by Listees. Although care has been taken to provide the most reliable, accurate and current information, all users of the Web Site are encouraged to make their own independent investigation and evaluation of any Listee that they might engage. In addition, this Web Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted by advertisers or sponsors for inclusion on the Web Site is accurate and complies with applicable laws. We will not be responsible for the illegality of, or any error or inaccuracy in, any advertiser’s or sponsor’s materials.
3. Rate Disclaimer.  Though we make reasonable efforts to ensure that the rates and other data made available on the Web Site are accurate and reliable, this information is not guaranteed and may be subject to other terms and conditions imposed by the provider of such rates or other data.  We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of such information, all of which is originated by others and made available on the Web Site.In particular, the rates calculated or otherwise made available through the Web Site may differ from those you are actually charged if the details of your transaction differ from those you selected or specified in order to find your rate or service provider.  For example, title rates quoted by the provider are generally based on rates in effect on the date of their quote not the closing date and changes in rates can result in changes in the premiums charged.  Additional charges may apply, for example, when unusual conditions of title are encountered, when special risks are insured against, or when special services are needed or requested such as title search, exams, certification, closing, inspections, or order cancellations.
4. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms of Use; (2) to use the Web Site exclusively for internal, personal, and business purposes; and (3) to print out discrete information and search results from the Web Site exclusively for internal, personal, 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 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.
5. Restrictions and Prohibitions on Use. Except as expressly authorized by us, you shall not and shall cause all of your users to not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Web Site to any third party in any way, (ii) access the Web Site in order build a competitive product or service, or (iii) copy, modify, harvest data from, or make any derivative works based upon the Web Site, including without limitation to create a directory of Listees or mailing lists with data retrieved from this Web Site.
6. No Title Insurance Advice or Title Insurance-Client Relationship. Information contained on or made available through the Web Site is not intended to and does not constitute closing services advice, referral or recommendations under any circumstance. Nothing submitted to this Web Site is treated as confidential. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk. We are not an insurance or closing service firm and the Web Site is not a title insurance referral service. We do not receive any portion of any title insurance policy or other purchased services and any arrangements subsequently made by you and any title insurance company or other closing service or Listee are strictly between you and such party and do not involve us in any way.
7. Transactions and Interactions with Listees 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 Listees), 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, 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. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
8. Intellectual Property Rights. Except for the limited license contained in Paragraph 4 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 its content belong to us, our licensors, or Listees, as applicable.The “ClosingCorp” name, “Closing.com” name and logo, and the product and service names and logos associated with the Web Site 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.
9. 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 unsolicited e-mail or other 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 Web sites, products or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Web sites, products or services, or the recommendation of such.
10. Title Insurance Company and Listee 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, unauthorized practice of appraising and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.
11. License of Your Content to Us. By uploading or submitting any of Your Content for use on the Web Site, you grant us a perpetual, royalty-free, irrevocable, fully paid-up, non-exclusive right and license to use, reproduce, modify, adapt, publish, publicly perform and display, translate, create derivative works from and distribute such of Your Content or incorporate such of Your Content into any form, medium or technology now known or later developed throughout the universe.You represent and warrant that you have all rights necessary to grant us the license in Your Content, that Your Content will not infringe, violate, or misappropriate any copyright, trademark, trade secret, or other rights of any third party; and that Your Content distributed through the Web Site shall be truthful, accurate, up-to-date, and in compliance with applicable laws, rules and regulation. “Your Content” means any data, material, or other content (including without limitation, copyrightable subject matter, trademarks, and service marks) provided or submitted by you or any of your users to the Web Site in the course of using the Web Site examples include forum posts, bogs, wikis or other use of any interactive features we offer.  “Your Content” also specifically includes any data or material which is accessible via any link created by you or any of your user to or from the Web Site.  However, our use of Your Content is still subject to our privacy policy.
12. Your Content, Conduct; Use of Forums and Postings. You agree that you will not, and will cause your users to not, post, publish, upload or distribute in the interactive areas on this Web Site any of Your Content, or use the Web Site in any way, (a) in violation of these Terms of Use, (y) in violation of any applicable local, state, national or foreign laws, treaties, rules or regulations, or (z) to process, store or transmit any information or materials (including Your Content), or engage in any behavior, which infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others, or which is illegal, defamatory, harassing, indecent, obscene, offensive, false or misleading, threatening, abusive, invasive of privacy or hateful (as determined in our reasonable discretion). This Section expressly applies to your use of any interactive features we offer, including forums, blogs, wikis, postings and so on.  We may delete Your Content at any time for any reason without permission from you. You agree that you will ensure that Your Content is truthful, accurate, up-to-date, not false or misleading, and in compliance with applicable laws; we have no responsibility to investigate or verify any information contained in Your Content, You remain solely responsible for Your Content (including any post you submit).  You specifically agree that you shall not misrepresent your identity or your affiliation with any person or entity.
13. Third-Party Content. Third-party content may appear on this Web Site (for example, in listings or in contributions to interactive features such as forum posts, blogs, wikis and so on) or 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, pornography, infringements or profanity in the statements, opinions, representations or any other form of content contained in such third-party content appearing on the Web Site. You understand that the information and opinions in such third-party content represent the thoughts of the author exclusively and is not endorsed by us, nor does it reflect our opinions, position or beliefs.You acknowledge that we do not pre-screen or approve advertising, third party links, blogs, forum postings, other third party content (including Your Content) or any related products or services which may be posted on or made available via the Service.If any third-party content includes our Closing.com Registration Seal, you agree that the Seal only signifies that the vendor including the Seal is bound by Closing.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.
14. 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, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform us of any changes to that information by e-mailing info@closing.com (or, if we provide an online function to make such changes directly, by using such online function). Each registration is for your personal or company’s use only, unless specifically designated otherwise on the registration page. We do not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use, as well as for any consequences of such unauthorized use.
15. 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.
16. 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, OR (E) 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.
17. 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.
18. 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: (i) Your Content; (ii) 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 (iii) 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.
19. 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.
20. 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 California 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 SAN DIEGO, CALIFORNIA, 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.
21. 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.
22. 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 are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site 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.

Closing.com is an independent web-search application that does not endorse any insurance company or other closing service provider.