Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at titlewarehouses.com (the "Website") and the title insurance, escrow, settlement, and closing services (collectively, the "Services") provided by Title Warehouses of America ("Title Warehouses," "we," "us," or "our"). Please read these Terms carefully. By accessing the Website or engaging the Services, you agree to be bound by these Terms. If you do not agree, do not use the Website or the Services.

1. Definitions

• "Affiliated Business" means a business arrangement subject to disclosure under the federal Real Estate Settlement Procedures Act (RESPA) and related regulations.
• "Closing" means the consummation of a real estate transaction for which Title Warehouses serves as the settlement agent, escrow agent, or title agent.
• "Content" means text, images, graphics, documents, forms, software, and other materials available on or through the Website.
• "Customer" means a person or entity who engages Title Warehouses to provide one or more of the Services.
• "Underwriter" means a title insurance company for which Title Warehouses serves as a duly appointed agent.
• "You" means the person accessing the Website or engaging the Services.

2. Eligibility

You must be at least eighteen years old and legally capable of entering into a binding contract to use the Website or to engage the Services in your own capacity. By using the Website or engaging the Services, you represent and warrant that you meet these requirements. If you are using the Website on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

3. Description of Services

Title Warehouses is a licensed title insurance agency and settlement services provider operating principally in the State of Florida. Subject to applicable underwriter approval, state law, and the specific facts of your transaction, the Services may include:

• examination of title and preparation of title insurance commitments and policies issued by Underwriters;
• escrow and settlement services in connection with the purchase, sale, or refinance of real property;
• preparation, execution coordination, and recording of closing documents;
• coordination with lenders, real estate professionals, surveyors, and other parties;
• receipt and disbursement of closing funds;
• post-closing services, including delivery of recorded documents and final policies.

Title Warehouses does not provide legal advice, tax advice, investment advice, or real estate brokerage services. Information provided through the Website or in connection with the Services is for general informational purposes only and is not a substitute for advice from a licensed attorney, accountant, or other professional advisor.

4. Engagement of Services; Underwriter Approval

Your engagement of the Services is subject to (a) acceptance by Title Warehouses, (b) the underwriting requirements and guidelines of the applicable Underwriter, (c) satisfactory completion of identity verification, anti-money-laundering, and fraud screening, and (d) the terms of any separate written engagement letter, escrow instructions, or closing instructions you sign with us. In the event of a conflict between these Terms and a separate written engagement document signed by you, the engagement document controls with respect to the subject of the conflict.

Quotes and fee estimates provided through the Website are estimates only and are not offers to provide services at a fixed price. Final fees are determined at the time the file is opened and may change based on the transaction structure, Underwriter requirements, and statutory or regulatory changes.

5. Fees and Payment

Title insurance premiums in the State of Florida are promulgated by the state regulator and are not negotiable. Other fees, including settlement, escrow, recording, courier, and similar charges, are set forth in our fee schedule or in your closing disclosure or settlement statement.

By engaging the Services, you authorize Title Warehouses to apply funds delivered to us for closing, including funds received by wire or other electronic transfer, against the fees, taxes, payoffs, and other disbursements identified in the closing instructions and settlement statement.

If you cancel a transaction after work has been performed, you may be responsible for fees actually incurred up to the point of cancellation, including title search and examination fees, even if no Closing occurs. Cancellation fees, if any, will be disclosed before they are charged.

6. Electronic Communications and E-SIGN Consent

By accessing the Website or engaging the Services, you consent to receive communications from us electronically, including by email, by text message (where you have opted in to SMS), through the Website, and through electronic signature and document delivery platforms we use. 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. This consent is provided under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA) as adopted in Florida.

Your rights regarding electronic communications.

• Right to receive paper copies. You may request a paper copy of any electronic record we have provided to you by contacting us using the information in Section 23. A reasonable fee may apply.
• Right to withdraw consent. You may withdraw your consent to receive electronic communications at any time by contacting us using the information in Section 23. Withdrawal of consent will not affect the legal effectiveness of electronic communications already delivered. If you withdraw consent, we may not be able to continue providing some or all of the Services electronically, and additional fees or delays may result.
• Updating contact information. You are responsible for keeping your email address, mailing address, and telephone numbers current. You may update your contact information by contacting us.
• System requirements. To access and retain electronic communications, you need a device with internet access, a current web browser, an email account, and the ability to view and save PDF files. For electronic signature platforms, additional requirements may apply and will be disclosed at the time of use.

7. User Obligations and Acceptable Use

You agree that you will:

• provide accurate, current, and complete information to us;
• update your information promptly if it changes;
• comply with all applicable laws and regulations in your use of the Website and the Services;
• use the Website and the Services only for lawful purposes and only as permitted by these Terms;
• maintain the confidentiality of any login credentials or access codes we provide to you;
• verify wire and disbursement instructions through a known telephone number before sending or directing funds.

You agree that you will not:

• impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• interfere with or disrupt the Website, our servers, or networks connected to the Website;
• attempt to gain unauthorized access to any part of the Website or any related system;
• introduce viruses, malware, or other harmful code;
• scrape, harvest, or otherwise collect information from the Website by automated means;
• reverse engineer, decompile, or attempt to extract the source code of the Website or any related software;
• use the Website or the Services to commit or facilitate fraud, money laundering, terrorism financing, or other illegal activity;
• frame the Website, mirror it, or use it in connection with a competing service.

We may suspend or terminate your access to the Website or the Services at any time for any violation of these Terms or for any other reason at our discretion.

8. Wire Fraud and Funds Transfer Warning

We will not be responsible for losses resulting from your failure to verify wire instructions in accordance with this Section 8, or from your reliance on instructions communicated by any method other than a verified telephone call with our office.

9. Intellectual Property

The Website and its Content, including the design, layout, text, graphics, logos, trademarks, and software, are the property of Title Warehouses or our licensors and are protected by United States and international intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes related to engaging or evaluating the Services. This license does not include the right to (a) reproduce, distribute, modify, or create derivative works of the Content; (b) use the Content for commercial purposes; (c) use any data mining, robots, or similar data gathering tools; or (d) use any meta tags or other hidden text using our name or trademarks.

The trademarks, service marks, and logos of Title Warehouses (the "Marks") are the property of Title Warehouses. Nothing in these Terms grants you any right to use the Marks without our prior written consent. All other trademarks appearing on the Website are the property of their respective owners.

10. User Submissions

Any feedback, suggestions, ideas, or other materials you submit to us through the Website or otherwise (other than personal information governed by our Privacy Policy, and other than transaction information governed by your engagement documents) are not confidential, and you grant Title Warehouses a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and distribute such submissions for any purpose, without compensation to you. You represent that any submissions you make are your original work and do not infringe the rights of any third party.

11. Copyright Complaints

If you believe that material on the Website infringes a copyright you own or control, please send a notice that complies with the Digital Millennium Copyright Act (17 U.S.C. section 512) to the email address in Section 23 with "DMCA Notice" in the subject line. The notice must include (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and its location on the Website; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner; and (f) your physical or electronic signature. We may, in appropriate circumstances, terminate the access of users who are repeat infringers.

12. Privacy

Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. Our SMS-specific practices are described in our SMS Privacy Policy and SMS Terms of Service.

13. Third-Party Services and Links

The Website may contain links to third-party websites, services, or resources, including Underwriter portals, lender portals, government recording offices, and mapping services. We provide these links for convenience only. We do not control and are not responsible for the content, accuracy, privacy practices, or availability of any third-party site or service. Your use of any third-party site or service is at your own risk and is subject to the terms and policies of that third party.

14. RESPA Compliance and Affiliated Business Arrangements

We comply with the federal Real Estate Settlement Procedures Act and related regulations. If we have an Affiliated Business relationship that requires disclosure, you will receive an Affiliated Business Arrangement Disclosure separately, as required by law. You are never required to use the services of a particular settlement service provider as a condition of obtaining a mortgage loan, and you may shop for the settlement service provider of your choice.

15. Disclaimers

The Website and the Content are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, Title Warehouses disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the foregoing, Title Warehouses does not warrant that the Website will be uninterrupted, secure, or free of errors, viruses, or other harmful components, or that defects will be corrected. Information on the Website is provided for general informational purposes only and is not a substitute for professional advice.

Nothing in this Section 15 affects any warranty that cannot be excluded under applicable law. This Section 15 governs your use of the Website. The Services themselves are governed by the separate engagement letter, escrow instructions, closing instructions, title commitment, and title insurance policy applicable to your transaction. Title insurance coverage is defined in the title insurance policy issued by the Underwriter and is subject to its terms, conditions, exclusions, and exceptions.

16. Limitation of Liability

To the fullest extent permitted by law, in no event will Title Warehouses, its affiliates, or its or their directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business interruption, arising out of or relating to your use of the Website, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability arising out of or relating to your use of the Website will not exceed one hundred U.S. dollars (USD 100).

Nothing in this Section 16 limits liability under a title insurance policy issued in connection with your transaction, our obligations as escrow agent under your signed escrow instructions, or any liability that cannot be limited or excluded under applicable law, including under the Florida Title Insurance Code.

17. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Title Warehouses, its affiliates, and its and their directors, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; (c) any information you provide to us being inaccurate or misleading; or (d) your misuse of the Website or the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will not settle any matter without our prior written consent. You will cooperate with our defense of any claim.

18. Dispute Resolution; Arbitration; Class Action Waiver

Informal resolution. Before initiating any formal proceeding, you agree to first contact us at the address in Section 23 and describe the dispute, the relief you are seeking, and your contact information. We will attempt in good faith to resolve the dispute informally within sixty days.

Binding arbitration. If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website, except as expressly excluded below, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated. The arbitration will be conducted by a single arbitrator. The seat of the arbitration will be a county in the State of Florida selected by the party initiating arbitration, and hearings may be conducted by telephone or video conference where permitted by the rules. The arbitrator's award is final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class action waiver. You and Title Warehouses 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, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding.

Exclusions from arbitration. The following matters are not subject to mandatory arbitration: (a) claims for injunctive or equitable relief relating to intellectual property; (b) small claims court actions brought on an individual basis; and (c) any matter that cannot be required to be arbitrated under applicable law, including coverage disputes under a title insurance policy that are governed by the dispute resolution provisions of that policy, and any escrow interpleader filed in a court of competent jurisdiction.

Opt out. You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to the address in Section 23 within thirty days of the date you first agreed to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration under these Terms. Opting out will not affect any other provision of these Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Subject to Section 18, any judicial proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in the State of Florida, and you consent to the personal jurisdiction of those courts. This Section 19 does not displace any mandatory governing law or venue rules that apply to a title insurance policy, escrow agreement, or other regulated instrument issued in connection with your transaction.

20. Termination

We may terminate or suspend your access to the Website or the Services at any time, with or without notice, for any reason, including any violation of these Terms. You may stop using the Website at any time. Termination of these Terms does not affect rights and obligations that, by their nature, are intended to survive termination, including Sections 9, 10, 11, 15, 16, 17, 18, 19, and 23.

21. Modifications

We may modify these Terms at any time by posting the revised Terms on the Website and updating the Last Updated date. Material changes will take effect upon posting unless we indicate a later effective date or are required by law to provide additional notice. Your continued use of the Website after the effective date of a modification constitutes your acceptance of the modified Terms. If you do not agree to the modifications, you must stop using the Website. We may modify or discontinue the Website, in whole or in part, at any time, with or without notice. We are not liable to you or any third party for any modification or discontinuation of the Website.

22. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, the SMS Privacy Policy, the SMS Terms of Service, and any engagement letter, escrow instructions, closing instructions, or title insurance commitment or policy applicable to your transaction, constitute the entire agreement between you and Title Warehouses regarding the subject matter of these Terms and supersede all prior or contemporaneous understandings.
• Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to make it enforceable.
• No waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of that term or any other term. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment. You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this clause is void.
• Notices to you. We may provide notices to you by email, by posting on the Website, or by mail to the address on file.
• Force majeure. We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, power or telecommunications failure, and outages of third-party service providers.
• Headings. Headings in these Terms are for convenience only and do not affect interpretation.
• No agency or partnership. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Title Warehouses, except for any agency relationship expressly created by a signed engagement letter, escrow instructions, or closing instructions.
• Survival. Provisions of these Terms that by their nature should survive termination will survive termination.

23. Contact Us

For any question or notice required or permitted under these Terms, contact us at: