Terms of Service

Last Updated: November 30, 2019

Thank you for your interest in the Rift Title mobile application and web based service provided to you by Rift Title LLC., a Texas Limited Liability Corporation ("Rift Title", "us" or "we"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the mobile application and web based services. These Terms constitute a legal agreement between you and Rift Title. In order to use the Mobile Application you must agree to these Terms.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Mobile Application in any manner, and each of your heirs, assigns, and successors.

If you use the Mobile Application on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE MOBILE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE MOBILE APPLICATION.

No Legal Advice. The information provided by Rift Title along with the content on our Mobile Application related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

IF YOU NEED LEGAL ADVICE FOR A SPECIFIC PROBLEM, YOU SHOULD CONSULT WITH A LICENSED ATTORNEY. YOUR USE OF THE SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND RIFT TITLE, OR BETWEEN YOU AND ANY RIFT TITLE EMPLOYEE OR REPRESENTATIVE. UNLESS YOU ARE OTHERWISE REPRESENTED BY AN ATTORNEY, INCLUDING A PARTICIPATING ATTORNEY, YOU REPRESENT YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE THROUGH OUR SERVICES.

Service. Rift Title provides a mobile application service that provides real estate document generation, legal information, mobile deposit, and self-help. These documents may include but are not limited to Title disclosures, buyer or seller disclosures, agreements, title insurance policies etc. Customer must maintain its own Internet access to use Rift Title services. Customer agrees to comply with any guidelines or restrictions on use contained in any content available on or accessed through the Website, including software or content that is protected by copyright, trademark or other proprietary rights of Rift Title or third parties.  Rift Title does not grant Customer any right to use its trademarks, trade names, or logos. Customer may not sell or resell Rift Title services in whole or in part.

Ownership and Preservation of Your Documents. Rift Title does not claim ownership of any documents you either create or upload and store using our Services ("Documents"). You grant permission for Rift Title to use your Documents in connection with providing Services to you.

You acknowledge and agree that Rift Title may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasona bly necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Rift Title, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Rift Title has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

Minimum Age. To use the Service, you must be the legal age of majority or otherwise able to form a binding contract under applicable laws and regulations. 

Compliance with Electronic Signature Laws. You acknowledge and agree that you have exclusive control and responsibility for the content of documents signed using the Service. Some jurisdictions have rules prohibiting or limiting the use of electronic signatures in certain types of documents (e.g., estate planning laws, family planning laws, consumer protection laws, government contracting rules, etc.). Further, some jurisdictions outside the United States and European Union have not passed laws authorizing the use of electronic signatures. You agree that you (and not Rift Title) are solely responsible for determining whether your particular use of the Service complies with the applicable laws of your jurisdiction. Rift Title has no duty to monitor the contents or ensure the legality of documents signed using the Service. 

Retention Requirements. By using the Service, you agree that you are solely responsible for complying with all applicable document retention laws and regulations pertaining to your electronically signed documents. Rift Title has no obligation to determine how long any electronically signed documents are required to be retained under applicable laws and regulations. 

Security. You are responsible for the security of documents that are emailed to you and other users of the Service, downloaded from the Service or transferred to another system by API or other integration with the Service.

No Unlawful or Prohibited Use. You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Rift Title to access or use our Mobile Application or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Rift Title reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

The following are specifically excluded or prohibited:

License Grant. Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Rift Title user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Rift Title. You may not copy the content of Rift Title's forms or agreements for use or sale outside of Rift Title. Any rights not expressly granted in these Terms are reserved by Rift Title.

When you transmit user content on Rift Title, you hereby grant Rift Title and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Resale or unauthorized distribution of materials downloaded from the Rift Title Mobile Application is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Rift Title.

Payment Terms. Rift Title provides a mobile application and web based browser for which users can connect to Real Estate services, the payment for these services are due at closing. Additionally we sell and charge premiums. The Premium is charged to most Buyers who purchase a property through our services. The Premium is calculated based on the original property Bid and based off state promulgated rates. All payments for such services are final and non-refundable, and will be quoted in the local currency of the location where the order is being delivered or picked up. Rift Title has no obligation to provide refunds or credits.

Accounts and Registration. To access some features of the Web Browser or Mobile Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.

RIFT TITLE WILL NOT BE LIABLE AND YOU MAY BE LIABLE FOR LOSSES, DAMAGES, LIABILITY, EXPENSES, AND LAWYERS’ FEES INCURRED BY RIFT TITLE OR A THIRD PARTY ARISING FROM SOMEONE ELSE USING YOUR ACCOUNT DUE TO YOUR CONDUCT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. YOU UNDERSTAND AND AGREE THAT WE MAY REQUIRE YOU TO PROVIDE INFORMATION THAT MAY BE USED TO CONFIRM YOUR IDENTITY AND HELP ENSURE THE SECURITY OF YOUR ACCOUNT.

No Employment/Agent/ Relationship. Rift Title is not an employment service and does not serve as an employer of any Real Estate professional of the Rift Title Service. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, Rift Title is not acting and does not act as an agent or broker for any users of the Rift Title Service.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Rift Title, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Mobile Application, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3).

Third Party Interactions. During the use of the Rift Title Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, services from, participate in promotions of third parties. These links take you off the Rift Title Service and are beyond Rift Titles control.

During use of the Rift Title Service, you may enter into correspondence with, services from, or participate in promotions of third party, advertisers or sponsors showing their goods and/or services through a link on the Rift Title Service. These links take you off the Rift Title Service and are beyond Rift Titles control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Rift Title is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Termination of the Agreement. The agreement between Rift Title and you embodied by these User Terms may be terminated at any time. Rift Title is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the Rift Title Service). Rift Title is not obliged to give notice of the termination of the Agreement in advance. After termination Rift Title will give notice thereof if required by these User Terms.

Indemnification. By using the Rift Title Service, you agree that you shall defend, indemnify and hold Rift Title, its affiliates, its licensors, and each of their officers, directors, other users, 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: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;, or (b) your use or misuse of the Rift Title Service.

Disclaimer of Representations and Liability. The information, software, products, and services made available through Rift Title may include inaccuracies or typographical errors. Rift Title and/or its suppliers may at any time make improvements or changes to our Services. Information received via Rift Title should not be relied upon for personal, Real Estate, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, RIFT TITLE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE MOBILE APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, REAL ESTATE, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Restrictions. To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Rift Title Material nor will you utilize Rift Title Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.

Maximum Liability. Except as expressly provided in these Terms, the maximum liability of Rift Title is the amount paid to Rift Title by the customer. The maximum liability of Rift Title for any Rift Title Services is the portion of the amount paid to Rift Title by the customer specifically for the Rift Title Services as calculated by Rift Title.

Disputes. Rift Title is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Courier, or Merchant, or other third party. Disputes between you and Rift Title are subject to this Section. You and Rift Title agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.

Arbitration. In the interest of resolving Disputes between you and Rift Title in the most expedient and cost effective manner, you and Rift Title agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Mobile Application, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIFT TITLE ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Arbitration between you and Rift Title shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrarily.

No Class or Representative Actions. YOU AND RIFT TITLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Rift Title agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Modifications. Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Website, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Mobile Application following any such change constitutes your agreement to be bound by the modified Terms.

You acknowledge and agree that if Rift Title modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with Rift Title to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

Intellectual Property Ownership. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Mobile Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Mobile Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Mobile Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Mobile Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.

Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Rift Title agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Texas for the purpose of litigating any Dispute. We operate the Mobile Application from our offices in Texas, and we make no representation that materials included in the Mobile Application are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Rift Title or any third-party provider as a result of the Terms or use of the Mobile Application.

Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Rift Title to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rift Title in writing.

Fee and Refund Policy. Any fees that the Company may charge you for the Mobile Application or Service are due immediately and are non-refundable. The company does not have to refund you for any charges or fees you have paid no matter what the scenario. The company reserves the right to refund you if deemed necessary. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Mobile Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the Mobile Application may not reflect the prevailing pricing.

Entire Agreement. These Terms comprise the entire agreement between you and Rift Title and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.

Headings. All headings and numbering in the Agreement are for convenience of reference only and shall in no way be used in interpretation of any of the provisions in the Agreement.

Notice & Contact. Rift Title may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Mobile Application or via email to the email address listed on your Rift Title account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may reach us by U.S. postal mail or any other mail carrier service at the following address:

RIFT TITLE, LLC

1751 RIVER RUN #200

FORT WORTH, TX 76107

info@rifttitle.com

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