Welcome to AmeriTitle.com, the web site (“Site”) of AmeriTitle, LLC (“AmeriTitle”). Please read these terms and conditions for use prior to using this site. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions for use (the “Terms and Conditions for Use” or this “Agreement”), which may be updated from time to time without prior notice to you.
Description of Services. The Site provides you with access to a variety of resources, including online calculators, e-commerce transactions, industry news, electronic-based information such as plat maps, subdivision “covenants, codes, and restrictions” (“CC&Rs”) and other documents, as well as other helpful services.
Intellectual Property Rights. The services, documents, and all other material available on the Site, including all text, software (including source and object codes), visual, audio or digital material, advice, information, data and other content of any description included in or relating to the Site (collectively, the “Content”) are protected by worldwide copyright laws and treaty provisions, and republication and redistribution of the Content are expressly prohibited. All Content, and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned or licensed by AmeriTitle.
Personal And Non-Commercial Use Limitation. Unless otherwise specified, the Content is for your personal and non-commercial use only. 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 obtained from the Content.
Plat Maps and CC&Rs. Without limiting the foregoing restrictions on use of Content, it is specifically agreed that the plat maps & CCR’s are made available for download solely for use by end users. License to use the plat maps & CCR’s is granted, provided that (1) such documents are used for informational and non-commercial or personal purposes only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any plat maps & CCR’s will be made. Any reproduction or redistribution of plat maps & CCR’s not in accordance with this Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. NO WARRANTY IS MADE CONCERNING THE ACCURACY OR COMPLETENESS OF ANY PLAT MAP, CC&R, OR OTHER DOCUMENT DOWNLOADED FROM THE SITE.
Restrictive Covenants. It is the express policy of AmeriTitle to remove from any instrument affecting the ownership or use of real property any restrictive covenant based upon race, color, religion, sex, handicap, familial status, or national origin, prior to providing a copy of such instrument in connection with a policy of, or commitment for, title insurance. Because the Site may provide users with direct access to title records in their originally-recorded form, AmeriTitle cannot guarantee that such restrictive covenants will have been deleted from all materials downloaded from the Site and such documents obtained from the Site will not be deemed to have been provided by AmeriTitle within the meaning of the federal Fair Housing Act. A paper copy of any such instrument with such restrictive covenant omitted may be obtained without charge by contacting any AmeriTitle customer service representative. In any event, no policy of title insurance issued by AmeriTitle will contain an exception to coverage based upon such restrictive covenants.
Member Account, Password, And Security. You may be required to open an account to access some portion of the Content. If so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AmeriTitle immediately of any unauthorized use of your account or any other breach of security. AmeriTitle will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AmeriTitle or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
No Unlawful Or Prohibited Use. As a condition of your use of the Site, you will not use the Site or Content for any purpose that is unlawful or prohibited by these Terms and Conditions for Use. You may not use the Site or Content in any manner that could damage, disable, overburden, or impair any AmeriTitle server, or the network(s) connected to any AmeriTitle server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any AmeriTitle server or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Disclaimer. The Site and Content may contain inaccuracies and typographical errors. AmeriTitle does not warrant or make any representation that the Site or the information presented thereon will be error-free or uninterrupted, that defects will be corrected or that the Site will be free of viruses or other harmful components. AmeriTitle does not warrant or make any representation regarding the results obtained as a result of your use of the materials on the Site, including, but not limited to, accuracy, timeliness or responsiveness of such results. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESSED OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERITITLE DISCLAIMS ALL WARRANTIES (EITHER EXPRESSED OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Neither AmeriTitle nor any of its licensors or suppliers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or other damages arising out of or related to the Site or the Intellectual Property therein, including, without limitation, relating to computer viruses; your use or inability to use the Site; any error, inaccuracy, omission or defect in the Site or the Content; losses of any kind from the failed operation of the Site; or any unauthorized access, theft or breach of security with respect to any data, material or other information stored in connection with the Site. YOU UNDERSTAND THAT IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT PROVIDED THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Linking. This Site may, from time to time, provide links or references to other sites (“Linked Sites”). If you use or visit any Linked Site, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AmeriTitle assumes no responsibility for the content of such Linked Sites and will not be liable for any damages or injury arising from that content. Any links to other sites are provided merely as a convenience to the users of this Site. AmeriTitle does not regularly review materials posted on the sites to which it is linked, and AmeriTitle does not necessarily endorse all of the materials appearing on such linked sites. Any decision to view any of the linked sites is at the viewer’s own risk.
Jurisdiction. This Site is operated by Futura Title & Escrow, LLC, parent company of AmeriTitle, from its offices in Boise, Idaho. This Agreement will be governed by and construed in accordance with the laws of the State of Idaho, without regard to any provision of Idaho law that would require or permit the application of the substantive law of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in courts located in Ada County, Idaho and hereby consent to the personal jurisdiction of such courts.
Term and Termination. AmeriTitle may terminate or suspend your access to the Site immediately, without prior notice or liability, upon any breach of the terms or conditions of this Agreement by you. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Changes in These Terms. These terms may be changed from time to time at AmeriTitle’s discretion. It is your responsibility to regularly review these terms and conditions as posted on the Site for changes. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. These terms and conditions are current as of September 30, 2015. If you do not agree to abide by these or any future terms, do not use the Site.
Miscellaneous. This Agreement constitutes the entire agreement between AmeriTitle and you with respect this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AmeriTitle with respect to the Site. Any failure by AmeriTitle to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.