Terms of Services
Use of our website and the services provided Deeds on Demand,
P.C. constitute your and your agents', employees' agreement to
these Terms of Use and Service.
DEEDS ON DEMAND SERVICES
AGREEMENT
IMPORTANT NOTICE TO USERS - PLEASE
READ CAREFULLY
YOU (HEREINAFTER "YOU" OR
"SETTLEMENT AGENT") MAY NOT ACCESS THIS WEB SITE (THE "SITE") OR
USE OR REFER THE SERVICES PROVIDED BY DEEDS ON DEMAND P.C., A
VIRGINIA LIMITED LIABILITY ("DEEDS ON DEMAND P.C."), PROVIDED ON
THE SITE (THE "SERVICES") UNLESS YOU FIRST REVIEW AND ACCEPT THE
TERMS AND CONDITIONS OF THIS SERVICES AGREEMENT ("AGREEMENT") BY
CLICKING "I AGREE" ABOVE THIS FILE. BY CLICKING "I AGREE," YOU
REPRESENT AND WARRANT TO DEEDS ON DEMAND, P.C. THAT YOU ARE A
SETTLEMENT AGENT AND HAVE AGREED UPON THE SPECIFIC TERMS AND
CONDITIONS FOR RECEIPT OF SERVICES.
You agree to provide DEEDS ON
DEMAND, P.C. the following Title, Search, Contract, and other
relevant Information for each real estate document ("Document") for
which You order services via its Internet product, Deeds on Demand
Real Estate Legal Document Preparation. DEEDS ON DEMAND, P.C. is
not required to provide any Document Preparation Service for our
clients until all pertinent information is provided.
REQUIRED SETTLEMENT AGENT
INFORMATION:
Settlement Agent's name (corporate or individual as the case may
be) and street address.
Settlement Agent's e-mail address.
Settlement Agent's employees and agents permitted to access the
account information.
Name of individual ordering the Service, along with a telephone
number and fax number.
Settlement Agent File Number or Escrow Number.
REQUIRED SETTLEMENT AGENT
ACTIONS:
Settlement Agent shall comply with
all Statutory and Regulatory requirements for referring clients to
DEEDS ON DEMAND, P.C. for preparation of Legal Documents whether or
not the subject Documents are to be utilized in a residential or
commercial real estate secured transaction. Settlement Agent shall
present to Clients(s) the Invoice for document preparation services
containing the disclosure, terms of engagement and other relevant
terms necessary to establish sustain and terminate the attorney
client relationship between Client and DEEDS ON DEMAND, P.C..
Settlement agent agrees to act as fiduciary and agent for the
Client(s) and agree to abide by the terms herein on behalf of their
customers.
Settlement Agent acknowledges that
DEEDS ON DEMAND, P.C.. (hereinafter "DEEDS ON DEMAND, P.C.") is an
independent law firm purporting to provide legal document
preparation, and delivery services on behalf of referred
Clients.
Settlement Agent hereby acknowledges
that DEEDS ON DEMAND, P.C. is acting as an independent law firm
acting on behalf of and in the best interest of the Clients and
that Settlement Agent shall not influence, direct, guide or
otherwise advise Client on any matter related to the research,
consultation, preparation and delivery of legal documents prepared
by DEEDS ON DEMAND, P.C.. Nothing herein contained shall create an
Employer/Employee relationship between DEEDS ON DEMAND, P.C. and
Settlement Agent.
Settlement Agent agrees to provide
accurate and complete information requested by the system or
attorneys and employees of DEEDS ON DEMAND, P.C. to facilitate fast
and accurate preparation and delivery of legal documents.
Settlement Agent agrees to
accurately input all requested information relevant to the real
estate closing associated with the referral and engagement of
Client(s) for the preparation of legal documents.
Settlement Agent agrees to print and
present documents delivered and comply with any instructions from
DEEDS ON DEMAND, P.C., its staff or attorneys related to the
consultation, preparation and delivery of legal documents when
prompted by the Site or by communication from any automated
request, or employee or attorney of DEEDS ON DEMAND, P.C..
DEEDS ON DEMAND, P.C. is responsible
for the consultation with Client, Settlement Agent or other party
associated with the underlying real estate closing or transaction
related to the requested Documents. Settlement Agent shall
immediately respond to and comply with any requested document or
information requested by DEEDS ON DEMAND, P.C. necessary for the
preparation of the legal Documents.
DEEDS ON DEMAND, P.C. and Settlement
Agent mutually agree not to disclose the content of any documents
related to DEEDS ON DEMAND, P.C. services or Settlement Agent
escrow files to any third parties except as required to comply with
DEEDS ON DEMAND, P.C. requests or instructions related to the
representation of Client(s).
DEEDS ON DEMAND, P.C. and Settlement
Agent shall use the Order Number assigned by the system in all
correspondence and documentation regarding a Document Preparation
request.
Settlement Agent shall notify DEEDS
ON DEMAND, P.C. of any change (e.g. cancellation or rescission of
Real Estate Transaction, correction of information) affecting a
Document Preparation request.
FEES:
You agree to charge Client(s) on the
HUD-1 for services provided and invoiced by DEEDS ON DEMAND,
P.C..
Payment of Fees: Invoices are due
upon Receipt. The full amount of all legal fees earned by
consultation, preparation and delivery of legal documents shall be
due and payable by You upon submission of Your Document
Preparation request. You may remit payment to DEEDS ON DEMAND, P.C.
by mail or by wire. If the Client(s) communicate any dispute with
any specific charge, You shall promptly notify DEEDS ON DEMAND,
P.C. in writing under separate cover of details of the dispute.
The parties agree that any fee
imposed by DEEDS ON DEMAND, P.C. under this Agreement for a
particular Service will automatically increase in the event any
governmental authority imposes a charge on DEEDS ON DEMAND, P.C. in
connection with DEEDS ON DEMAND, P.C. rendering of that Service.
Such increase in any such fee will be in the amount necessary to
cover in full any such governmentally-imposed charge and shall take
effect as of the date such new government charge takes effect. Any
state or local sales tax which may be owed due to the purchase of a
DEEDS ON DEMAND, P.C. services in any state will be Your
responsibility to collect, report, and pay to the appropriate
taxing authority.
INDEMNIFICATION:
1. Indemnity. You hereby agree to indemnify,
defend and
holdDEEDS ON DEMAND,
P.C.harmless from and against any damages to You or
your agents, clients, or employees due to Your actions or omissions
under this Agreement, including, but not limited to, failure to
properly collect fees on behalf of DEEDS
ON DEMAND, P.C., failure to
notifyDEEDS ON DEMAND,
P.C.of changes in
information relevant to the preparation of the legal Documents,
providing incorrect or incomplete Title or Contract Information or
Your negligence in the use of the
Services.
2. Limitation of
Liability. You acknowledge
thatDEEDS ON DEMAND,
P.C.has not priced its Services to contemplate the
risks of reliance by You on the Services or to have or assume
substantial liability or responsibility for your decisions, other
than the Indemnification set forth expressly herein. ACCORDINGLY,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILLDEEDS ON DEMAND, P.C.
BE LIABLE TO YOU FOR ANY COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, LOST SAVINGS, BUSINESS PROFITS, BUSINESS INTERRUPTION, OR
ANY OTHER LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE
SERVICES (COLLECTIVELY "LOSSES"), EVEN IF A REPRESENTATIVE OF THE
DEEDS ON DEMAND, P.C. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER
LOSSES ARE SUFFERED BY YOU OR ANY OTHER THIRD PARTY. You agree that
the foregoing represents a fair allocation of risk hereunder and is
a material inducement for DEEDS ON DEMAND,
P.C. to enter into this
Agreement. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY JURISDICTION
WHERE THE EXCLUSION OF LIMITATIONS ON THE TYPE AND/OR AMOUNT OF
LOSSES DO NOT APPLY, DEEDS ON DEMAND,
P.C.'S LIABILITY FOR LOSSES SHALL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THAT JURISDICTION'S
APPLICABLE
LAW.
MISCELLANEOUS:
You may not assign
Your rights or obligations under this Agreement without the prior
written consent
of
DEEDS ON
DEMAND, P.C..DEEDS ON DEMAND,
P.C.'s Services hereunder
are provided for Your benefit only, and not for the benefit of any
third party, including any borrower. No amendment, modification or
waiver of any provision of this Agreement shall be effective unless
in writing and signed by duly authorized signatories of both
parties. The waiver by either party of a default under any
provision of this Agreement shall not be construed as a waiver of
any subsequent default under the same or any other provision of
this Agreement, nor shall any delay or omission on the part of
either party to exercise or avail itself of any right or remedy
that it has or may have hereunder operate as a waiver of any right
or remedy. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia, United
States of America, without reference to its conflicts of laws
provisions. The parties expressly agree that any action arising out
of or relating to this Agreement shall be filed and maintained only
in the courts of the Commonwealth of Virginia for Virginia Beach
County or the United States District Court for the Eastern District
of Virginia. This Agreement and the rights and obligations
hereunder may not be assigned or delegated by You, in whole or
part, whether voluntarily, by operation of law, change of control
or otherwise, without the prior written consent
of
DEEDS ON DEMAND,
P.C.. Subject to the foregoing, this Agreement shall
be binding upon and inure to the benefit of the parties and their
respective successors and permitted assigns. In the event that any
of the provisions of this Agreement shall be held by a court or
other tribunal of competent jurisdiction to be invalid or
unenforceable, the remaining portions hereof shall remain in full
force and effect the intent of the parties and shall be reformed to
the extent necessary to make such provision valid and
enforceable.