WEBSITE USER AND ONLINE SALE
TERMS AND CONDITIONS
These Terms and Conditions govern your use of, access to, and purchases from
the following Web site: www.titlesearch.com (“SITE”, “we”, or “us.”). References
to the user of the Site or purchaser of any service or product shall be by the
terms client, “you” or “your.”
IMPORTANT! By accessing, using, viewing, reading, printing, purchasing, or
downloading any material from the SITE, you agree to be bound by these Terms and
Conditions. This Agreement is intended to be governed by the Electronic
Signatures in Global and National Commerce Act (E-Sign Act). You manifest your
agreement to these Terms and Conditions by any act demonstrating your assent
thereto, including clicking any button containing the words “I agree” or similar
syntax. You may submit a paper copy of this transaction and print this form for
your personal records. You have the right to withdraw your consent to use the
E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to
providing the information on this form. Access to this electronic record
requires a simple browser program such as Internet ExplorerTM or NetscapeTM and
These Terms and Conditions are subject to change by the SITE without prior
notice, at any time, in its discretion. Notification of any changes will be
posted on this page. You agree to review this page periodically to be aware of
such changes. If these changes are unacceptable to you, you must exit the SITE.
Your continued use of the SITE following the effective date of any such changes
constitutes your full acknowledgement and acceptance of these changes.
If you do not agree to be bound by these Terms and Conditions, you must exit
the SITE immediately, you may not use or access the SITE, and you may not
purchase any goods or services from the SITE. Please consult these Terms and
Conditions regularly and read them carefully before using the SITE. You affirm
that you have read this Agreement and understand, agree and consent to its Terms
You are solely responsible for obtaining access to the SITE and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including the fees associated with
the display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the SITE.
A real estate transaction cannot proceed from start to finish without legal
judgments and conclusions being made. Certain activities incident to a real
estate transaction can, in isolation, be performed by a non-lawyer, but the
transaction as a whole is a legal service which should be done by or under the
supervision of an attorney with whom the parties have an attorney-client
relationship. This means that an attorney should review all information and
documents, as well as attend the closing at which the parties execute the
documents required to close the transaction or be readily available to respond
to any inquiries or issues that may arise. The SITE does not provide any of
these legal services.
Search reports are for your direct individual use of the client only. Even
searches you order at the request of third parties, such as your bank, attorney,
or other entity, are still provided for your use only. You are solely
responsible for ensuring that the search report is suitable for any use.
It is up to the buyer of the report to only use the information provided by
AFX for lawful purposes. Please review your local laws, as well as Federal
legislation such as the Fair Credit Reporting Act, Gramm-Leach-Bliley Act,
Patriot Act, and other privacy regulations. Since we do not know your intended
usage from your order form, your use of our system is contingent upon your
representation that you understand lawful usage in your area, and agree not to
use the data for any unlawful or prohibited purposes. No information from this
site, nor any other written, oral, or other communication from AFX or its
officers, agents, representatives or employees is intended as legal advice.
YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF THE
AFX SERVICES TO CREATE, REPLACE, SUPPLEMENT OR ENHANCE ANY TITLE, LEGAL,
VESTING, OWNERSHIP OR ENCUMBRANCE REPORT, NOR AS AN ALTERNATIVE INSURANCE
PRODUCT OR APPROACH.. THE SERVICES DO NOT REPRESENT LEGAL ADVICE, INSURANCE, OR
REAL ESTATE TRANSACTION SERVICES. WHERE REGULATED BY LAW, THE SERVICE AND/OR
DATA PROVIDED ARE NOT PROVIDED FOR ANY PROHIBITED USE.
We value your business and would like to ensure your satisfaction. If you
ever have questions about the service, please contact customer service or you
can call Customer Service at 706-867-6794. Hours of operation are Mon-Fri: 9am -
6pm Eastern. Additionally, you can fax your request to (800) 201-0620.
AFX Corp., Inc.
from the SITE, to fully understand our practices relating to collection and use
of private information. We collect information from you for the purpose of
transacting your order only. We do not sell, lease, or give any of your
information to third parties for marketing. Our credit card banking system uses
this information for processing.
Sensitive information, such as credit card numbers, are transmitted to the
bank using encryption, and are not stored on our system.
We will normally contact you by email and phone, shortly after your order is
complete, to follow up and ensure your satisfaction. We do not call or email for
solicitation, nor will we forward your information to outside companies for
2. Electronic Communications
A. Legal Satisfaction
When you use the SITE or send e-mails to us, you are communicating with us
electronically. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
By communicating with us, you consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
3. Products, Services & Notices
SITE will provide basic real estate information such as legal description,
ownership status, valuation, and parcel identification that the SITE collects
from public records. We will locate as much additional background information on
the property you are seeking as is reasonably available. All title searches are
current owner searches, unless specified otherwise by the SITE. However, we are
limited by the amount and accuracy of the information that is provided by third
party and governmental sources. Since variations on timing of property record
updates exist, it is possible that some data, such as very recent transactions
may not be available. Your report will capture all data currently available to
our sources, but it is possible that some items will not be non-reported.
Reports do not always contain all details or exhaustive information. Moreover,
we access records controlled by third parties, and report the results to you.
The records contained in public files occasionally contain errors or omissions,
and user specifically holds the SITE harmless from any and all claims, counts,
debts, allegations or causes of action relating to any reliance on the
information provided by third parties or the SITE. This release and hold
harmless agreement shall be binding on all successors and assigns. Please note
that some county and state records may not be available to the SITE due to the
scope of information released by those jurisdictions. Also, down time by third
party systems might result in delayed responses to the search inquiry. Changes
in the law may affect the scope of the results provided, or even the accuracy of
the records delivered. You are paying for our research services, not particular
results. Reports are provided “as is” and refunds will not be provided for
incomplete or inaccurate reports. The SITE specifically disclaims any and all
warrantees and guarantees relating to the information provided, and you hereby
release the SITE from any claims relating to such warrantees or guarantees. The
SITE’s product does not include a physical property inspection, an appraisal,
property valuation, or an analysis of market conditions. The SITE specifically
disclaims any effort to practice law or real estate in Georgia, or any other
state, and emphasizes that SITE’s services is not a substitute for a legal
records abstract or services of an attorney, appraiser or real estate broker.
The operators of the SITE are not licensed professionals. It is up to the buyer
of the report to use the information provided by SITE only for lawful purposes.
Please review your local, state and federal laws, including the Fair Credit and
Reporting Act (15 U.S.C. §1681) as well as laws relating to consumer rights,
before purchasing services from this SITE. Your use of our system is contingent
upon your representation that you understand lawful usage in your area, and
agree not to use the data for any unlawful purposes. Additionally, you must
obtain all necessary licenses, permits, and/or authorizations required by local,
state or federal law prior to purchasing or using the information provided by
the SITE. The SITE disclaims all liability for the use of the SITE’s product or
services, as well as the legality of using the SITE’s product in user’s
jurisdiction. For a complete, legally accurate property title status, you should
contact a local attorney or title insurance company.
SITE performs data research services only, and does not offer an opinion of
title or property. Our title search services retrieves data from publicly
available property records, not including superior court or civil court records.
Client should determine if superior court or civil court records affect property
title. SITE does not accept liability for errors in municipal records or other
indexes used to compile data. All liability for SITE is limited to price paid
for search by customer.
Many municipalities' databases have disclaimers similar to this one, for
"This index is not the official record maintained by the Register of Deeds,
and should be used only to locate or identify recorded documents. The index may
not reflect every claim asserted against a particular piece of property, it
merely provides key information taken from recorded documents. The office of the
County Register of Deeds does not guarantee or assure the accuracy of the
information contained in this index, nor does it assure or verify the
truthfulness of any information contained in any recorded document.
Documents referenced in this index should be reviewed by an attorney, title
examiner or other real estate professionals to determine the interests or claims
of any party."
This type of limitation on search records should be understood by title
The title search results are sent after an examination of copies of the
public records. But even the most thorough search cannot absolutely assure that
no title hazards are present, despite the knowledge and experience of
professional title examiners. In addition to matters shown by public records,
other title problems may exist that cannot be disclosed in a search. Some
commercial properties may be priced higher.
Other examples of areas of a real estate transaction which would be beyond
the scope of a title search, and would require a legal opinion from a quaified
real estate attorney include, but are not limited to the following questions:
- How should title be taken and why?
- Do any easements or covenants restrict the use of the property and in what
- What local land use regulations affect the property?
- What happens if the seller fails to deliver as/when promised?
- What are the rights and responsibilities of the parties under the
contract? Deed of Trust? Deed of Trust Note?
- Are the documents appropriate for the intended transfer?
- Is the correct property being considered?
- Are there issues beyind the scope of the title search that can affect the
secure ownership of the property?
- Are there tax issues respective to the transaction?
- Is searching beyond current owners records neccessary?
4. Access to, and Interference with, SITE
To access the SITE or some of the resources it has to offer, you may be asked
to provide certain registration details or other information. It is a condition
precedent to your use of this SITE that all information you provide will be
correct, current, and complete. If the SITE believes the information you provide
is not correct, current, or complete, the SITE has the right to refuse you
access to the SITE or any of its resources, and to terminate or suspend your
access at any time.
Except where expressly permitted by law, you may not translate,
reverse-engineer, decompile, disassemble or make derivative works from our
SITE’s product, services, content or information (hereinafter, “Materials”).
User hereby agrees not to use any automatic device or manual process to monitor
or reproduce the SITE or its materials, and will not use any device, software,
computer code, or virus to interfere or attempt to disrupt or damage the SITE or
any communications on it.
5. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by these Terms and
Conditions of the SITE. You may not use the SITE for any other purpose,
including any commercial purpose, without the SITE’s express prior written
consent. Without the express prior written authorization of the SITE, you may
not: (a) duplicate the SITE, its products or services, or any of the Materials
contained therein (except as expressly provided in this Agreement); (b) create
derivative works based on the SITE or any of the Materials contained therein;
(c) use the SITE or any of the Materials contained therein for any public
display, public performance, sale or rental; (d) re-distribute the products or
services purchased on the SITE or any of the Materials contained therein; (e)
remove any copyright or other proprietary notices from the SITE or any of the
Materials contained therein; (f) frame or utilize any framing techniques in
connection with the SITE or any of the Materials contained therein; (g) use any
meta-tags or any other “hidden text” using the SITE’ name or marks; (h)
“deep-link” to any page of the SITE (including the homepage); (i) circumvent any
encryption or other security tools used anywhere on the SITE; (j) use any data
mining, robots or similar data gathering and extraction tools on the SITE; (k)
decompile, reverse engineer, modify or disassemble any of the software aspect of
the Materials except and only to the extent permitted by applicable law; (l)
sell, rent, lease, license, sublicense, transfer, distribute, re-transmit,
time-share, use as a service bureau or otherwise assign to any third party the
Materials or any of your rights to access and use the Materials as granted in
above; or (m) bookmark any page of the SITE beyond the home page. You agree to
cooperate with the SITE in causing any unauthorized use to cease immediately.
You acknowledge that the Materials are copyrighted by the SITE or third parties.
The goods and/or services purchased on the SITE shall be for the user’s personal
use and shall not be used for professional or entrepreneurial purposes. You
shall not purchase the SITE’s services to replace, supplement or create any
legal title, ownership, insurance, or encumbrance report. You hereby agree that
you have been notified that all communications submitted to the SITE can be
accessed by agents, operators, and other users, regardless if they are the
intended recipients of the messages.
6. Terms of Sale
A. Binding Purchases
All orders are deemed offers by you to purchase our products. We may accept
your offer by issuing a confirmation letter and/or forwarding the products
specified in your order by fax, email or United States mail. Our acceptance of
each such offer is expressly subject to and conditioned on your assent to these
terms and conditions. No other terms or conditions will apply. All sales are
final. The SITE may without liability cancel any accepted order before delivery
of the product via fax, email or mail, if our credit department does not approve
your credit or if there are other problems with your payment. All product
reports shall only be used in the United States, unless user receives prior
written approval by SITE.
Prices for the SITE’s goods and services are prominently displayed on the
SITE prior to your purchase. All prices posted on this SITE are subject to
change without notice. Prices prevailing at time of order apply. Posted prices
do not include taxes or charges for shipping and handling. All applicable taxes
and shipping charges will be added to your invoice. SITE reserves the right to
contract with a third party to process all payments. Such third party may impose
additional terms and conditions governing payment processing. Your card issuer
agreement may contain additional terms with respect to your rights and
liabilities as a card holder.
All payments must be received by us prior to emailing, faxing, and/or
shipping your order. We accept payment by check, money order and the following
credit cards: Visa, MasterCard, American Express, Discover. All payments must be
in United States dollars.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us
immediately of such error. If we do not hear from you within thirty (30) days
after such billing error first appears on any account statement, such fee will
be deemed acceptable by you for all purposes, including resolution of inquiries
made by your credit card issuer. You release us from all liabilities and claims
of loss resulting from any error or discrepancy that is not reported to us
within thirty (30) days of its publication.
E. Shipping and Handling
We will arrange for sending of the products to you, if that is your desired
method of receiving the product. Title, risk of loss and damage pass to you upon
our transfer of the products to the carrier. You will pay all shipping and
handling charges specified during the ordering process. Shipping schedules are
estimates only and cannot be guaranteed. We are not liable for any delays in
shipments. Documents are normalyl sent by email link. The link will provide
access to electronic documents. The documents will remain posted for 60 - 90
days, upon which time they may be removed. Please download at your earliest
You understand that the SITE cannot and does not guarantee or warrant that
files available for downloading from the Internet will be free of viruses,
worms, Trojan horses or other code that may manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to this SITE for
the reconstruction of any lost data. SITE does not assume any responsibility or
risk for your use of the Internet.
The Materials are not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by SITE.
Investors, borrowers, and other persons should use the Materials in the same
manner as any other educational medium and should not rely on the Materials to
the exclusion of their own professional judgment. Information obtained by using
this SITE is not exhaustive and does not cover all issues, topics, or facts that
may be relevant to your goals.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED
THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS
CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE PRODUCTS
PURCHASED THEREIN. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE
INFORMATION BY SELLERS OR THIRD PARTIES. SITE EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY FOR THE PROPER PERFORMANCE OF SITE’S SERVICES, SITE’S PRODUCT SHOULD
NOT BE EXCLUSIVELY RELIED ON IN A REAL ESTATE CLOSING, AND SITE’S PRODUCT IS NOT
AN APPRAISAL. THE SITE’S PRODUCT REPORT IS COLLECTED FROM PUBLIC RECORDS AND THE
SITE DISCLAIMS ALL LIABILITY AS TO THE ACCURACY OF THOSE PUBLIC RECORDS. SITE
MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE,
INCLUDING THE TERMS OF SERVICE. YOU, AND NOT SITE, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SITE MAKES NO WARRANTIES THAT
YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS,
SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR
ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, GOODWILL, OR SIMILAR DAMAGES, WHICH MAY ARISE FROM ANY PERSON’S USE,
MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN,
EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR
ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY
IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF SITE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SITE FOR
THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You agree to defend, indemnify, and hold harmless the SITE, its officers,
directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions, loss,
liabilities, expenses, costs, or demands, including without limitation legal and
accounting fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from your, or you under another person’s
authority including without limitation to governmental agencies, use, misuse, or
inability to use the SITE or any of the Materials contained therein, or your
breach of any of these Terms and Conditions. You agree that the Indemnified
Parties will have no liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys’ fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from this SITE. We
reserve the right to participate in the defense of such claim at your expense,
and to choose our own legal counsel, but are not obligated to do so.
10. Links and Linking
Some websites that are linked to the SITE are owned and operated by third
parties. Because the SITE has no control over such websites and resources, you
acknowledge and agree that SITE is not responsible or liable for the
availability of such external websites or resources, and does not screen or
endorse them, and is not responsible or liable for any content, advertising,
services, products, or other materials on or available from such websites or
resources. You further acknowledge and agree that SITE 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 use of or reliance on any such third-party
content, goods or services available on or through any such website or resource.
If you decide to access any such third party website, you do so entirely at your
own risk and subject to any terms and conditions and privacy policies posted
therein. Users further acknowledge that use of any website controlled, owned or
operated by third parties is governed by the terms and conditions of use for
which are incorporated by reference. The SITE expressly disclaims any liability
for any damages whatsoever incurred by any user in connection with the use of
any website, the access to which was found through this SITE. The SITE expressly
disclaims any liability derived from the use and/or viewing of any links that
may appear on this SITE. All users do hereby agree to hold the SITE harmless
from any and all damages and liability that may result from the use of links
that may appear on the SITE. The SITE reserves the right to terminate any link
or linking program at anytime.
11. Trademark Information
Trademarks, service marks, and logos appearing in this SITE are the property
of SITE or the party that provided the trademarks, service marks, and logos to
SITE. The terms “Search Records” and "TitleSearch.com" “SearchRecords.com” are
trademarks and services marks of the SITE. We aggressively defend our
intellectual property rights. Other manufacturers’ product and service names
referenced herein may be trademarks and service marks of their respective
companies and are the exclusive property of such respective owners, and may not
be used publicly without the express written consent of the owners and/or
holders of such trademarks and service marks. The SITE’s marks, logos, domains,
and trademarks may not be used publicly except with express written permission
from SITE, and may not be used in any manner that is likely to cause confusion
among consumers, or in any manner that disparages or discredits SITE. SITE and
any party that provided trademarks, service marks, and logos to SITE, retain all
rights with respect to any of their respective trademarks, service marks, and
logos appearing in this SITE.
12. Copyright Information
The Materials accessible from the SITE, and any other World Wide Web Site
owned, operated, licensed, or controlled by SITE, is the proprietary information
and valuable intellectual property of SITE or the party that provided the
Materials to SITE, and SITE or the party that provided the Materials to SITE
retains all right, title, and interest in the Materials. Accordingly, the
Materials may not be copied, distributed, republished, modified, uploaded,
posted, or transmitted in any way without the prior written consent of SITE,
except that you may print out a copy of the Materials solely for your personal
use. In doing so, you may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the Materials. Modification or
use of the Content except as expressly provided in these Terms and Conditions
violates the SITE’s intellectual property rights. Neither title nor intellectual
property rights are transferred to you by access to the SITE. All Materials
included on the SITE, such as text, graphics, photographs, video and audio
clips, button icons, streaming data, images, downloadable materials, data
compilations and software is the property of the SITE or its content suppliers
and is protected by United States and international copyright laws. The
compilation of all Materials on the SITE is the exclusive property of the SITE
or its content suppliers and protected by United States and international
copyright laws, as well as other laws and regulations.
13. Copyright Notice
A. Notice Procedure
Any notice required to be given under this Agreement may be provided by email
to a functioning email address of the party to be noticed, by a general posting
on the SITE, or personal delivery by commercial carrier such as FedEx or
Airborne. Notices by customers to SITE shall be given by electronic messages
unless otherwise specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent by written
notice to the other party pursuant to this provision of the Agreement.
14. Force Majeure
SITE shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; war, riot, arson, embargoes, acts of civil or
military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or any
failure of a computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay the SITE’s performance.
15. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise
relating to these Terms and Conditions shall be governed by the laws of the
State of Georgia, excluding its conflict of law provisions. The parties agree
that the United Nations Convention on Contracts for the International Sale of
Goods is specifically excluded from application to these Terms and Conditions.
The parties hereby submit to the personal jurisdiction of the state and federal
courts of the State of Georgia. Exclusive venue for any litigation or
arbitration permitted under this Agreement shall be with the state and federal
courts located in Dawson County, Georgia.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other party’s breach,
and that an aggrieved party shall therefore be entitled to seek injunctive
relief in the event of any such breach, in addition to seeking all other
remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of or otherwise
relating to these Terms and Conditions, the parties shall meet and negotiate in
good faith to attempt to resolve the dispute. If the parties are unable to
resolve the dispute through direct negotiations, then, except as otherwise
provided herein, either party may submit the issue to binding arbitration in
accordance with the then-existing Commercial Arbitration Rules of the American
Arbitration Association. Arbitral Claims shall include, but are not limited to,
contract and tort claims of all kinds, and all claims based on any federal,
state or local law, statute, or regulation, excepting only claims under
applicable worker’s compensation law, actions for injunctions, attachment,
garnishment and other equitable relief, or unemployment insurance claims. The
arbitration shall be conducted in Dawson County, Georgia, and conducted by a
single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing
the action shall be responsible for paying all costs for arbitration, including
the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if
the matter is for the collection of a debt owed in which case the prevailing
party shall be awarded its attorneys fees, all arbitration costs and the
arbitrator fees (if applicable), in addition to all other applicable remedies).
The arbitrator shall have no authority to award any punitive or exemplary
damages; certify a class action; add any parties; vary or ignore the provisions
of these Terms and Conditions; and shall be bound by governing and applicable
law. The arbitrator shall render a written opinion setting forth all material
facts and the basis of his or her decision within thirty (30) days of the
conclusion of the arbitration proceeding. This Section shall not apply to any
breach (or any allegation which if true would constitute a breach) of any matter
relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY
HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the
benefit of their respective assignees, successors, executors, and
administrators, as the case may be. Neither these Terms and Conditions nor any
rights granted hereunder may be sold, leased, assigned or otherwise transferred,
in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds
any provision of these Terms and Conditions, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent permissible
and the remainder of these Terms and Conditions will continue in full force and
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the prevailing
party shall be entitled to attorney’s fees, including attorney’s fees incurred
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent default of the
same provision of these Terms and Conditions. If any term, clause or provision
hereof is held invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed
to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect
the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the
parties with respect to your access and use of the SITE and the SITE’s services,
and supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to or
modification of these Terms and Conditions will be binding unless in writing and
signed by a duly authorized representative of both parties.
SITE reserves the right to change any of the provisions posted herein and you
agree to review these Terms and Conditions each time you visit the SITE. Your
continued use of the SITE following the SITE’s posting of any changes to these
Terms and Conditions constitutes your acceptance of such changes. The SITE does
not and will not assume any obligation to provide you with notice of any change
to these Terms and Conditions. Unless accepted by SITE in writing, these Terms
and Conditions may not be amended by you.
16. Contact Information
We value your business and would like to ensure your satisfaction. If you
have any questions about the SITE’s products and services, please contact
Customer Service at 706-867-6794. Hours of operation are Monday through Friday
from 9:00am – 6:00pm EST. Additionally, you can fax your request to (800)
17. COMPLAINTS – CALIFORNIA RESIDENTS
The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
This document was prepared by Lawrence G. Walters, Esq.,