Terms and Conditions

1. Introduction

Welcome to AtoZ Title & Settlement  govern your access to and use of our website, services, and any agreements you enter into with us (collectively, the “Services”). By using our Services or contracting with us, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use or access our Services.

2. Definitions

In these Terms, unless context requires otherwise:

• Client means any person, entity, trust, or estate engaging us to provide title, escrow, closing or related services.

• Services means the title, settlement, escrow, closing, title insurance or related services offered by us.

• Property means the real estate or interest in real estate that is the subject of the transaction.

• Title Documents means deeds, title commitments, surveys, liens, encumbrances, or any documentation relevant to the title and ownership of the Property.

• Fees means the charges, premiums, costs, and expenses we bill you for providing the Services.

3. Scope of Services

3.1 We agree to provide title, settlement, escrow, closing, and related services as described in the engagement agreement between you and us (the “Engagement Agreement”).
3.2 Our Services may include, without limitation:

• Title search and examination

• Preparation of title commitments or reports

• Escrow / handling of funds

• Document preparation, coordination, and recording

• Title insurance issuance (subject to underwriting and policy terms)

• Closing coordination and settlement services
  3.3 We do not provide legal advice (unless separately agreed in writing). Any communication made does not create an attorney-client relationship except where expressly provided.
  3.4 You agree to provide us with all information, documentation, cooperation, and authorization required for us to deliver the Services in a timely manner.

4. Client Obligations & Representations

4.1 You represent and warrant that all information you provide to us is accurate, complete, and truthful.
4.2 You will promptly respond to requests from us for signatures, documents, consents, payoffs, affidavits, certificates, or other items needed to complete our Services.
4.3 You authorize us to obtain payoffs, lien releases, title search reports, tax certificates or other third-party reports on your behalf.
4.4 You will comply with all applicable laws, rules, and regulations relating to the Property and the transaction.

5. Fees, Payments & Billing

5.1 Our fees, premiums, and costs shall be as set forth in the Engagement Agreement or as otherwise agreed in writing.
5.2 You must pay all fees, premiums, and costs in full by the due date (or at closing, as applicable).
5.3 If you fail to timely pay, we may suspend or terminate the provision of Services. You remain liable for all unpaid amounts, plus any collection costs or interest permitted by law.
5.4 In the event of cancellation or termination, you may still be responsible for costs already incurred (e.g. title searches, third party reports).
5.5 All fees are nonrefundable unless explicitly stated otherwise.

6. Title Insurance / Underwriting Conditions

6.1 Any title insurance coverage we arrange is subject to the terms, conditions, exceptions, and exclusions of the underlying insurance policy.
6.2 We (or the underwriter) reserve the right to impose additional requirements (conditions, exceptions, corrections) before issuing the title insurance.
6.3 We do not guarantee that every title defect or issue will be resolvable. Matters outside the public record or not disclosed may not be covered.
6.4 The liability of the underwriter and/or us with respect to title insurance is limited to the coverage amount stated in the policy, subject to policy terms, conditions, and exclusions.

7. Disclaimer & Limitation of Liability

7.1 DISCLAIMER: To the fullest extent allowed by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or noninfringement of third-party rights.
7.2 LIMITATION OF LIABILITY: In no event shall our liability (whether in contract, tort, negligence, strict liability, or otherwise) exceed the total fees paid to us under the particular transaction giving rise to liability.
7.3 IN NO EVENT shall we be liable for indirect, incidental, consequential, special, punitive, or exemplary damages (such as lost profits, loss of opportunity, damages from delays) even if advised of the possibility of such damages.
7.4 Some jurisdictions do not allow the exclusion or limitation of certain implied warranties or damages; so some of the above limitations may not fully apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless AtoZ Title & Settlement, its affiliates, employees, agents, and subcontractors from and against any claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising from:

• Your breach of these Terms

• Your negligent or intentional acts or omissions

• Misrepresentation, fraud, or incorrect information you provide

• Claims from third parties related to your use of our Services or the Property.

9. Confidentiality & Privacy

9.1 We shall maintain the confidentiality of nonpublic information you provide to us, except as required by law or as necessary to perform the Services (e.g. disclosures to lenders, underwriters, public record filings).
9.2 We may collect, use, and disclose certain personal data in accordance with our Privacy Policy (which is incorporated by reference).
9.3 You consent to such uses consistent with the Privacy Policy.

10. Term, Termination & Suspension

10.1 These Terms remain in effect during your engagement with us and until all obligations are fulfilled.
10.2 We may suspend or terminate providing Services (in whole or part) if:

• You fail to timely pay fees or costs

• You materially breach these Terms

• You fail to cooperate or provide necessary documentation
  10.3 Upon termination, you must pay all outstanding fees, costs, and expenses incurred up to the termination date. We may deliver to you all work product in our possession (subject to retention rights for fees).

11. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website or providing notice to you. The modified Terms will apply to future use of the Services after the effective date of the change.

12. Governing Law & Dispute Resolution

12.1 These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the jurisdiction in which the Property is located (or another jurisdiction, if agreed).
12.2 To the extent permitted by applicable law, any dispute or claim arising out of or relating to these Terms or the Services shall be resolved by (choose one or more):

• Arbitration (e.g. under ALTA Title Insurance Arbitration Rules)

• Mediation / alternative dispute resolution

• Court proceedings in the appropriate state or federal courts
  12.3 The parties waive any right to a jury trial to the extent permitted by law.

13. Notices

All notices required or permitted under these Terms shall be in writing and delivered via email, certified mail, or otherwise as agreed. Notices to you shall be sent to the contact information you provide; notices to us shall be sent to our principal address or as otherwise designated.

14. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision (or portion) will be severed, and the remainder of the Terms will remain in full force and effect.

15. Waiver

No waiver by either party of any default or breach under these Terms shall operate as a waiver of any subsequent default or breach.

16. Entire Agreement

These Terms (together with the Engagement Agreement and any other documents expressly incorporated) constitute the entire agreement between you and us with respect to the subject matter herein, superseding any prior or contemporaneous agreements, whether oral or written.