TitleTap is a subscription-based cloud service for remote access to software, including proprietary software, all of which is required to be hosted by TitleTap in order for Customer to use and have access to TitleTap’s services. Nothing contained in this Agreement shall confer upon a user any right, title, interest in, or license to any software, written materials, or intellectual property owned by TitleTap or included on the Website. Customer acknowledges and agrees that there is no distribution of software included in Customer’s subscription services. Customer must maintain its own Internet access to use TitleTap 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 TitleTap or third parties. TitleTap does not grant Customer any right to use its trademarks, trade names, or logos. Customer may not sell or resell TitleTap services in whole or in part.
Customer further acknowledges and agrees that TitleTap is not engaged into providing legal, accounting, or other professional services to Customer. Customer is solely responsible for obtaining all necessary licenses, certifications, permits, or authorizations required by law applicable to Customer’s use of TitleTap services. Without limiting the foregoing, TitleTap services are not, and should not be construed as, a sufficient basis for underwriting title insurance policies. The relationship between TitleTap and Customer is strictly that of independent contractor.
Customer hereby agrees to be solely responsible for maintaining the confidentiality of all access credentials and passwords provided by TitleTap to access the remote software services, and that Customer is also solely responsible for informing TitleTap of any unauthorized use or breach of password security, as TitleTap does not and cannot monitor for unauthorized use of Customer’s subscription services. TitleTap does not and cannot monitor any content posted by users of a Customer’s Website, including whether such content includes personal information, and TitleTap is not responsible for any such content posted by users or notification of privacy violations associated with the same. Content submitted by your customers is your content to manage with your customers, and TitleTap has no role in those transactions. However, TitleTap reserves the right to delete, move or edit any content that it may determine, in its sole discretion, violates this Agreement or is inappropriate for posting.
Customer is solely responsible for maintaining back up copies of its content. Customer will not, and will not permit any third party to, use the TitleTap services or Website to upload, collect or store personally identifiable information or information otherwise protected by applicable privacy laws. All information supplied by Customer to TitleTap may be audited by governmental entity with requisite authorization, or disclosed as part of legal process.
Customer authorizes TitleTap to commence monthly billing for TitleTap subscription service 60 days from the date initial setup and first month of services are processed. Customer acknowledges that TitleTap’s subscription services are month-to-month, unless Customer has elected an annual or quarterly subscription service. TitleTap reserves the right to suspend or terminate this Agreement and the services offered by TitleTap and Customer’s access to the Website if Customer breaches this Agreement, or if the account associated with payment for Customer’s access falls into arrears. All subscription-based services offered by TitleTap are conditioned entirely on timely payment by Customer of all authorized charges in an amount separately established between TitleTap and Customer. TitleTap fees are exclusive of use or sales tax or the like, which are Customer’s sole responsibility.
Customer agrees to provide all the information requested by TitleTap within 7 days of the request so the Customer’s services can be configured and launched in a timely manner. Customer agrees that TitleTap is not responsible for any delays that may be caused due to Customer’s failure to provide requested and/or necessary information. Customer hereby acknowledges that services will be billed regardless of Customer delays. Customer hereby acknowledges that any time frames or estimates that are given by TitleTap are contingent upon Customer’s full cooperation and responsiveness.
What is included in the Setup price:
- Free Concierge setup for 30 days by one of our team members
- A beautiful Mobile Friendly Website design from TitleTap’s design library
- Adding Customer’s existing Logo to the Website
- Custom Colors to match Customer’s brand
- Images Customer provides or suggests
- Motto or tagline about Customer’s brand
- Light customizations to the homepage (remove a content block for example)
- Light site-wide customizations (Remove sidebar, reorder sidebar content, custom links or info in sidebar, custom footer content)
- Menu customizations (order, titles, and number of items in menu)
- Pages and text content on each page as provided by Customer
- SSL Certificate
Optional Add-ons for Setup:
- Map to Customer’s location (Free)
- Contact form (Free)
- Employee profiles (Free)
- Testimonial widget (Free)
- Testimonial Submission (Free)
- Blog (per plan)
- Order Title form (per plan)
- Calculators – net sheet and title premium (purchase transactions only) – (per plan/paid add-on)
- Email Marketing Newsletter (per plan/paid add-on)
- Video Marketing (per plan/paid add-on)
- Consumer Complaint Tracking, Resolution, and Review Promotion (paid add-on)
Common Changes Included Per Customer’s Subscription Plan:
- Replace or edit content on a page
- Adding/removing a new page and adding/removing a link in the menu
- Adding/removing an image
- Posting an already written article to Customer’s blog
- Adding/removing personnel from a page on Customer’s Website
- Uploading a new logo that Customer provides
- Adding/removing link in menu or footer
- Adding/removing a link from a page
Not Included In Setup or In Subscription Plans; Requests Subject To Additional Fees:
- More than two different website design configurations. Customer has up to 7 days to choose a different design from TitleTap’s design library if Customer is not satisfied with the first selection after the initial website design draft review. Beyond the second website design template request, additional setup fees will be required equal to the initial setup paid.
- Writing blog content for Customer
- Writing page content for Customer
- Social media posting (unless purchased with Enterprise Plan or A La Carte)
- Advertisement setup and management (unless purchased with Enterprise Plan or A La Carte)
- Custom Graphic design including but not limited to: •Existing Logo creation – Discount code through trusted partner
- Logo recreation / touch up from a scan, business card, or poor quality image – partner
- Flyers – Discount code through partner
- Custom Buttons – partner
- Editing of photos beyond cropping and/or resizing – partner
- Changing or redesigning Customer’s Website template/theme
- Homepage redesigns (moving blocks or content position)
- Domain names registration, renewal, or management
- Email addresses, email hosting, or management
- Custom photography
- Custom videography
TitleTap represents and warrants that: (a) it will provide the Services identified in the Customer’s plan in a professional and workmanlike manner; and (b) to the best of its knowledge, the work product will not violate the rights of any third parties. If Customer or third parties modify the scope of work or use the work product outside of the scope or purpose of these terms and conditions, all representations and warranties of TitleTap shall be void.
Customer represents and warrants to TitleTap that, for any content provided by Customer, or which Customer instructs TitleTap to incorporate into the Website, Customer remains solely responsible for such content, and Customer holds all right, title, license, or interest necessary to incorporate such content into the Website. Customer warrants that such content will not include destructive mechanisms, such as a virus or worm. Customer will supply any proprietary rights notices required for such content. Customer agrees to indemnify and hold TitleTap and its owners and agents harmless from any claim, penalty, or expense, including attorney fees, made by any third party due to or arising out of Customer’s supplied content, access to personal information supplied by Customer or by third parties associated with Customer, Customer’s violation of any rights of a third party, Customer’s violation of applicable law, or Customer’s breach of this Agreement. TitleTap shall control the defense and any settlement of such claim, and Customer shall cooperate in defending against such claim.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, TITLETAP MAKES NO WARRANTIES WHATSOEVER. TITLETAP EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. TITLETAP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, SECURE OR ERROR FREE, NOR DOES TITLETAP MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM CUSTOMER’S SUBSCRIPTION, OR CUSTOMER’S USE OF THE WEBSITE OR ITS CONTENT. THE WEBSITE AND ITS CONTENT, INCLUDING ALL SERVICES TO WHICH CUSTOMER MAY SUBSCRIBE, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
IN NO EVENT SHALL TITLETAP BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, OR COSTS ASSOCIATED WITH INVESTIGATION OR REMEDIATION OF DATA BREACHES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH CUSTOMER’S SUBSCRIPTION TO OUR SERVICES, CUSTOMER’S ACCESS OR USE OF THE WEBSITE, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM AND AGGREGATE LIABILITY, FOR ANY REASON, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO AN AMOUNT EQUAL TO 60 DAYS WORTH OF TITLETAP SERVICES AS PAID BY CUSTOMER PRECEDING ANY SUCH CLAIM BY CUSTOMER.
Customer may cancel Customer’s TitleTap subscription at anytime. However, please be advised that TitleTap will not transfer the design created pursuant to Customer’s plan since that is the property of TitleTap, nor the tools such as ClosingTap, LeadTap, SocialTap, VideoTap, and ConsumerTap.
TitleTap has 2 “exit” options to migrate Customer’s Website content and images to the host of Customer’s choice:
1) TitleTap offers a Website export at anytime for no additional charge as long as the Customer’s payments are up-to-date and the customer’s website domain has been live on our platform for at least 1 year. This will give the Customer a download or multiple downloads of Customer’s pages, content, and images such as photos, logos, and text but not the website design, website builder, calculator, videos, email marketing or other proprietary tools or content on the website. Then Customer can pay another developer to download WordPress, install it to the hosting plan of Customer’s choice, pick or build a new design template, and import Customer’s Website data that we exported. This option would require Customer to have another developer design a site for Customer, configure the menu, and make other adjustments, but all the non-proprietary pages, content, and images would be intact. If the product is offered a la carte by TitleTap, the calculators, widgets, and software add-ons shall be subject to additional subscription fees.
2) If a customer needs more help in migrating website providers such as importing the export file above into the new system, DNS changes, or any advice or recommendation then TitleTap requires a one-time fee of $799.00 to be paid upfront before migration help can be given. Please note that this payment does not include a website redesign, website design services or any help implementing the migration other than pointing the domain, help changing the nameservers, recommending alternatives, and importing the data to the new site. Also the window for engagement with this option closes 30 days after the payment has been made. No other assistance can be given beyond that point. If offered a la carte by TitleTap, the calculators, widgets, and software add-ons may be subject to additional subscription fees.
Upon cancellation, subscription based charges will be prorated to cover any ongoing use of the Website, and the migration options stated will be conditioned on immediate receipt of payment for final pro-rated charges. No refund of monthly service charges or other charges will be issued to Customer.
See separate terms and conditions for VideoTap video libraries here.
This Site is operated from the State of Florida, with all subscription based services remotely accessed in the State of Florida. Therefore, all matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
Waiver of Jury Trial; Dispute Resolution and Binding Arbitration.
CUSTOMER AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND US ARISING FROM OR RELATING IN ANY WAY TO CUSTOMER’S PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org.) Any in-person arbitration hearing shall be held in Tampa, Florida. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The prevailing party will be afforded prevailing party attorneys’ fees, under the standards for fee shifting provided by law.
Customer agrees to an arbitration on an individual basis, and not as a class action. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Assignment; No Third-Party Beneficiaries
Customer will not assign any of Customer’s rights or delegate any of Customer’s obligations under these Terms without TitleTap’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of Customer’s obligations under these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than Customer.
The failure by TitleTap to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by TitleTap’s duly authorized representative.
If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
This Agreement represents the final and integrated agreement between Customer and TitleTap as to the matters contained herein, and shall supersede all previous written or oral agreements between the parties with respect to such subject matter. There are no other agreements, written or oral, between the parties.
TitleTap reserves the right, in its sole discretion, to alter or modify all or any part of the TitleTap services, the Website, or this Agreement at any time, such modifications becoming immediately effective upon publication to the Website and Customer’s subsequent access or use of the Website or TitleTap services. Customer’s continued use of the Website constitutes Customer’s ongoing binding acceptance of these terms and conditions, as may be revised by TitleTap. If at any time, these terms and conditions become unacceptable to Customer, Customer’s sole remedy is to immediately cease all use of the Website thereby cancelling TitleTap’s services, for which any applicable pro-rated charge for subscription shall be due and payable to TitleTap at such time.