AGREEMENT BETWEEN USER AND TEXASFILE LLC 

This Agreement sets forth the terms applicable to the use of the website (the “Website”) provided by TexasFile, LLC, a Texas limited liability company (“TexasFile”). For purposes of this Agreement, any person or business using this website will be referred to as a “User”.

User understands that accessing information, registering or otherwise using the Website constitutes an unconditional acceptance of the terms and conditions of this Agreement.

 

MODIFICATION OF THESE TERMS OF USE

TexasFile reserves the right to change, modify or add to this Agreement without prior notice to User, including but not limited to the charges associated with the use of TexasFile data and services.

 

DOCUMENT AND DATA PURCHASES

Customer is responsible for downloading and/or storing information purchased from TexasFile. TexasFile has no obligation to store purchased information for customer for future use.

The content available through the Website is the property of TexasFile and may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User agrees that all content accessed through the Website is the sole property of TexasFile. User understands and agrees that the information in or derived from the Website may not be copied, republished, redistributed, transmitted, altered, edited or exploited in any manner for any purpose without notice to and prior written permission from TexasFile. TexasFile does not provide any representations or warranties that User’s use of the services, data, records or materials provided on the Website will not infringe on the rights of third parties.

 

PURCHASES AND REFUNDS

In order to run certain searches or view documents User is required to fund a TexasFile account. A debit or credit card number must be provided each time a purchase is made. Purchases and transactions are non-refundable.

 

LINKS TO THIRD PARTY SITES

The Website may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of TexasFile and TexasFile is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TexasFile is not responsible for webcasting or any other form of transmission received from any Linked Site. TexasFile is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by TexasFile of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of the Website, User warrants to TexasFile that it will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Website in any manner which could damage, disable, overburden, or impair TexasFile.com or interfere with any other party’s use of the Website. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by TexasFile. Information obtained from TexasFile may not be resold online or utilized for building title abstract plants as defined by the Texas Department of Insurance or any agency regulating the title industry.

Retrieving information by any automated means is specifically prohibited. The following are examples, which are not intended to be an exhaustive list, of prohibited actions: (1) screen scraping text data; (2) pulling images from the Website (in any format) to avoid charges; (3) bulk downloading images from the Website; and (4) framing of the Website by another site.

 

USE OF COMMUNICATION SERVICES

TexasFile.com may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable communication with the public at large or with a group (collectively, “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, User agree that when using a Communication Service, User will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity).

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

TexasFile has no obligation to monitor the Communication Services. However, TexasFile reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TexasFile reserves the right to terminate access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TexasFile reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TexasFile’s sole discretion.

TexasFile does not control or endorse the content, messages or information found in any Communication Service and, therefore, TexasFile specifically disclaims any liability with regard to the Communication Services and any actions resulting from participation in any Communication Service. Managers and hosts are not authorized TexasFile spokespersons, and their views do not necessarily reflect those of TexasFile.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for adhering to such limitations.

 

INFORMATION PROVIDED TO TEXASFILE

TexasFile claims no ownership of personally identifying information. TexasFile or its vendors may store credit card account numbers and/or expiration dates in order to facilitate your use of the Website. By using TexasFile.com, User acknowledges that non-personal data generated in the normal use of the Website is the property of TexasFile. By subscribing to the Website, User agrees that the provided email address may be used for delivery of a newsletter which User may opt out of receiving at any time.

Certain account information may be shared with third party service providers. By accessing the website, User consents to receipt of and use of your account information by such third parties. User further agrees to hold TexasFile harmless from and against any claims regarding third party service providers and their use of User’s information, including claims of negligence and misconduct.

By completing a registration on the Website, User represents that all information that User supplies in the registration process is current, truthful, and complete. TexasFile reserves the right to terminate User’s registration at any time for any reason, including in the event that the information provided by User is no longer current or accurate. User agrees to maintain only one active registration with the Website.

 

USER NAME AND PASSWORD

User will protect its user name and password and not share them with third parties. User shall be the only authorized user of the Website through its user name and password.

 

LIABILITY DISCLAIMER

THE WEBSITE, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE PROVIDED AS-IS AND WITHOUT WARRANTY AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRONGEMENT AND MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR CONTAIN GAPS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE WEBSITE. TEXASFILE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TEXASFILE DATA AND SERVICES AT ANY TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. INFORMATION OR ADVICE RECEIVED FROM TEXASFILE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, RESEARCH OR FINANCIAL DECISIONS AND USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO USER’S SITUATION.

IN NO EVENT SHALL TEXASFILE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR THE TEXASFILE DATA OR SERVICES, THE DELAY OR INABILITY TO USE THE WEBSITE OR TEXASFILE DATA OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR TEXASFILE DATA OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEXASFILE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF USER IS DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE TEXASFILE DATA OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE TEXASFILE DATA OR SERVICES.

USER AGREES TO INDEMNIFY AND HOLD HARMLESS TEXASFILE AND ITS LICENSORS FROM ANY CLAIM BY ITSELF OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO USER’S USE OF THE DATA OR THE DOCUMENTS OBTAINED FROM THE WEBSITE. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

USER IS HEREBY NOTIFIED THAT THE TEXASFILE DATA AND SERVICES MAY CONTAIN PERSONAL INFORMATION OF INDIVIDUALS (I.E. SOCIAL SECURITY NUMBERS). NEITHER TEXASFILE NOR ITS LICENSORS SHALL BE RESPONSIBLE FOR ANY ACTIONS, SUITS, CLAIMS, DAMAGES, OR COSTS OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PERSONAL INFORMATION CONTAINED ON THE WEBSITE OR IN TEXASFILE DATA AND SERVICES.

USER AGREES THAT IF THE CONTENT LOCATED ON THE WEBSITE CONTAINS IDENTIFYING INFORMATION OF ANOTHER PERSON, USER WILL NOT OBTAIN, POSSESS, TRANSFER OR USE SUCH IDENTIFYING INFORMATION WITH INTENT TO HARM OR DEFRAUD SAID PERSON, NOR SHALL SUCH PERSON’S INFORMATION BE USED WITHOUT THEIR CONSENT.

 

 

TERMINATION/ACCESS RESTRICTION

User agrees that TexasFile may, in its sole discretion, terminate or suspend access to all or part of the Website for any reason, including, without limitation: (i) breach of this Agreement or any subsequent modifications; or (ii) attempted assignment of User’s membership to another party. Any suspected fraudulent, abusive or illegal activity is grounds for termination of User membership and may be referred to appropriate law enforcement authorities or governmental regulatory body. TexasFile shall not be liable to User or any third party for any claims related to User’s termination of registration with or access to the Website.

 

ORIGINAL SOURCE DISCLAIMER

The original source of the content of the image and/or data collections available on the Website may be the appropriate government office responsible for this information, whether obtained directly from the government office or a third party provider of such data. The government offices, third party data providers, and TexasFile bear no responsibility for the integrity or accuracy of the data contained, either in its form initially provided or due to any documentation manipulation or reformatting of data that may occur. The use of trademarks, logos or any other identification of government offices or third party data providers does not imply that such party supports or endorses any use made by TexasFile of data provided or of any other activity of TexasFile.

 

GENERAL

This Agreement is governed by the laws of the State of Texas, USA and User hereby consents to the exclusive jurisdiction and venue of courts in Nueces County, Texas, USA in all disputes arising out of or relating to the use of TexasFile data and services and/or the Website. Use of TexasFile data and services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. User agrees that no joint venture, partnership, employment, or agency relationship exists between User and TexasFile as a result of this Agreement or use of the Website. Nothing contained in this Agreement shall be interpreted to prevent TexasFile’s compliance with governmental, court and law enforcement requests or requirements relating to User’s use of TexasFile data and services or the Website or information provided to or gathered by TexasFile with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and TexasFile with respect to the Webswite and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TexasFile with respect to TexasFile data and services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

 

Any rights not expressly granted herein are reserved.