WE SUGGEST YOU READ THIS DOCUMENT CAREFULLY AND PRINT A COPY FOR YOUR REFERENCE.
This Orange Coast Title Mobile App Service Agreement (this “Agreement”) states the terms and conditions that govern your use of the use of the Orange Coast Title Mobile App ™ (herein after the “Service(s)”). As used herein, the terms “OCT,” “Company,” “us,” “we,” and/or “our” mean Orange Coast Title Company, or any affiliate, agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in the provision of the Service. As used herein, the terms “you” and/or “your” means (1) an individual or entity that is the owner of an account and/or (2) an authorized signer on an account who has authority to view account information and effect transactions on such account.
When you use or access, or permit any other person(s) or entity to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement (including any applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail, postal mail, or by positing the updated terms on the sites within the Service (the “Site(s)”). Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Service. Your use of the Service after we have made such changes available will be considered your agreement to the change.
We grant to you, for your personal use or, if you are a business, internal business purposes only, a nonexclusive, limited and revocable right to access and use the Service. You agree not use the Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Service without our prior written consent
Subject to the terms of this Agreement, the Services are generally available twenty-four (24) hours a day, seven (7) days a week with the exception of outages for maintenance and circumstances beyond our control.
You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers).
We may disclose information to third-parties about your account:
By participating as a user, you represent that you are the owner of the email address and/or mobile phone number you registered, or that you have the delegated legal authority to act on behalf of the owner of such email address and/or mobile phone number to send or receive information as described in this Agreement. You consent to the receipt of emails or text messages from us and/or from other users. You agree that we may, or our agents may, use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register.
You may cancel the Service by calling [NUMBER] or online. By canceling the Service, any pending, repeating, and future dated transfers, will also be terminated, however any transfer that is in process cannot be cancelled by you. When you cancel the Service, you will no longer be able to access or use the Service and you will not receive a refund of service fees, if any. When you cancel the Service, it will not cancel your other services or your account relationships, if any, with us.
If you permit other persons to use the Service or your Password, you are responsible for any transactions they authorize from your accounts. If you believe that your Password has been lost or stolen notify us AT ONCE, by calling [NUMBER] or writing us at Online Customer Service at info@ClosingWires.com
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively “System”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the Internet Service Provider of your choice, for any and all fees imposed by such Internet Service Provider and any associated communications service provider charges. You acknowledge that there are security, corruption, transmission error, and access availability risks associated with using open networks such as the internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our materials. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you are using the Service for your convenience, have made your own independent assessment of the adequacy of the internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third-party site where you may download software, we make no endorsement or warranty of any specific software, hardware, or Internet Service Provider and your use of any such software, hardware, or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
We may at our option change the parameters for the password used to access and use the Service (“Password”) without prior notice to you, and if we do so, you will be required to change your password the next time you access the Service. To prevent unauthorized access to your accounts and to prevent unauthorized use of your PINs, User IDs, and Passwords which could cause you to lose your personal information do not disclose your PINs, User IDs, and/or Passwords. Disclosure could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes, including identity theft. If you disclose your PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities performed from your accounts and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to use or has used the Service without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at [NUMBER].
You agree that by using the Service, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Service may be sent to you by any or all of the following sources, at our option:
We may, from time to time, introduce new features to the Service or modify or delete existing features in our sole discretion. We will notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules and terms concerning these features.
You must not hold us liable for any typos or keystroke errors that you may make when using the Service. YOU AGREE THAT YOU, NOT WE, ARE RESPONSIBLE FOR RESOLVING ANY DISPUTES THAT YOU HAVE WITH ANY OTHER USER USING THE SERVICE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE, OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES ARE NOT AND MUST NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS, OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS,” “WHERE-IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either Service or products which may be accessed via the Service, including, but not limited to, any account agreements that apply to your account, and with all applicable State and Federal laws and regulations. In the event of a conflict between the terms of this Agreement and any applicable account agreements with us, the terms of this Agreement will control except as may be otherwise stated herein.
We may terminate or suspend this Agreement, or terminate, suspend, or limit your access privileges to or use of the Service in whole or part, at any time for any reason without prior notice, including for reasons involving your use of the Service which we may deem to be illegal or potentially brand damaging, and when you no longer have an eligible account. The obligations and liabilities of the parties incurred prior to the termination date survive the termination of this Agreement for all purposes.
In the event of a dispute arising under or relating in any way to this Agreement or to the Service provided under this Agreement, you and we agree to resolve this dispute by looking to the terms of this Agreement. If there is a conflict between what one of our employees says and the terms of this Agreement, the terms of this Agreement must control.
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), MUST BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
This binding arbitration provision applies to any and all claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and must be governed by the Federal Arbitration Act, 9 U.S.C. sections 1 through 16, as it may be amended.
The party filing a claim(s) in arbitration must file its claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the claim(s) was filed. Rules and forms may be obtained from, and claims made may be filed with JAMS (800.352.5267 or jamsadr.com) or the American Arbitration Association (800.778.7879 or adr.org). Arbitration hearings must be held at a place within the federal judicial district that includes your address at the time the claim(s) is filed, or at some other place to which you and we agree in writing. Judgment upon any arbitration award may be entered in any court having jurisdiction.
This arbitration agreement survives: (1) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (2) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions must nevertheless remain in force.
You acknowledge and agree that are personally responsible for your conduct while using the Service and agree to indemnify and hold us, and our respective officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we or they may incur in connection with a third-party claim or otherwise, in relation to your use of the Service or the use of the Service by anyone using your PIN, User ID, or Password or your violation of this Agreement or the rights of any third-party (including, but not limited to, privacy rights). Your obligations under this paragraph survive termination of this Agreement.
Our records, kept in the regular course of business, must be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
When you give us your mobile phone number, we have your permission to contact you at that number about all your OCT accounts. Your consent allows us to use text messaging, artificial, or prerecorded voice messages and automatic dialing technology for informational and account service calls, but not for telemarketing or sales calls. It may include contact from companies working on our behalf to service your accounts. Message and data rates may apply. You may contact us anytime to change these preferences.
This Agreement and its enforcement must be governed by the laws of the State of California, without regard to any choice of law provision, and must inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s), products, and services accessed via the Service must be governed by laws of the applicable account agreements.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies operates as waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion must not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provision of this Agreement and the application of the challenged provision to person or circumstance other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Any OCT account information provided to you as part of the Service is not the official record of your OCT account or its activity. Your OCT account statement, furnished to you by us for OCT accounts in a paper format, or electronically if you are enrolled in paperless statements service, will remain the official record. The Service information is generally updated regularly, but is subject to adjustment and correction and therefore should not be relied upon by you for taking, or forbearing to take, any action.