USER LICENSE AGREEMENT FOR
TierraAmerica Information Services, Inc. USER SITE
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1.
DEFINITIONS
1.
Party
Definitions
1.
TierraAmerica Information Services, Inc. - The term
“TierraAmerica Information Services, Inc.” means: TierraAmerica Information Services, Inc.. a
Texas Corporation
2.
You,
Your - The term “You or Your”
means the User
3.
Us,
We - The terms “Us or We” means
TierraAmerica Information Services, Inc.
2.
E-Commerce Related
Definitions
1.
Site - The term
“Site” means CountyResearch.com
2.
CountyResearch.com - The term
“CountyResearch.com” means the location on the World Wide Web owned by TierraAmerica Information Services, Inc. and made
available to the User under the terms of this License
Agreement.
3.
User - The term
“User” means the natural person using the Site. Solely for purposes of enforcement of
the terms of this License Agreement, the term “User” also includes any Business
Affiliate of the User
3.
Title Insurance Statutory and
Regulatory Related Definitions
1.
Attorney - “Attorney” means a person licensed to
practice law and a member of the State Bar of Texas and includes a Texas
professional corporation organized for the purpose of rendering professional
legal services.
2.
Business
of Title Insurance - The “business of title
insurance” shall be deemed to be (1) the making as insurer, guarantor or surety,
or proposing to make as insurer, guarantor or surety, of any contract or policy
of title insurance or any equivalent thereof; (2) the transacting or proposing
to transact, any phase of title insurance, including solicitation, title
examination, except when conducted by an attorney, closing the transaction,
except when conducted by an attorney, execution of a contract of title
insurance, insuring and transacting matters subsequent to the execution of the
contract and arising out of it, including reinsurance; (3) the making of a
guaranty or warranty of a title search, a title examination, or any component
thereof by a person other than the one performing the search or examination; or
(4) the doing, or proposing to do, any business in substance equivalent to any
of the foregoing whether or not designed to evade the provisions of this
Act.
3.
Closing
The Transaction - “Closing the Transaction”
means the investigation made on behalf of a title insurance company, title
insurance agent, or direct operation before the actual issuance of the title
policy to determine proper execution, acknowledgment, and delivery of all
conveyances, mortgage papers, and other title instruments which may be necessary
to the consummation of the transaction and includes the determination that all
delinquent taxes are paid, all current taxes, based on the latest available
information, have been properly prorated between the purchaser and seller in the
case of an owner policy, the consideration has been passed, all proceeds have
been properly disbursed, a final search of the title has been made, and all
necessary papers have been filed for record.
4.
Direct
Operation - “Direct Operation” means
the operations of a title insurance company under the authority of a license
issued under Article 9.36A of this Code. Whenever the term “title insurance
agent” is used in this Chapter, it shall be construed to include “direct
operation” unless the context indicates to the
contrary.
5.
Escrow
Officer - “Escrow Officer” means an
attorney, or bona fide employee of either an attorney licensed as an escrow
officer, bona fide employee of a direct operation, or bona fide employee of a
title insurance agent whose duties include any or all of the following: (1)
countersigning title insurance forms; or (2) supervising the preparation and
supervising the delivery of title insurance forms; or (3) signing escrow checks;
or (4) closing the transaction.
6.
Title
Examination - “Title Examination” means
the search and examination of a title to determine the conditions of the title
to be insured and to evaluate the risk to be undertaken in the issuance of a
title insurance policy or other title insurance
form.
7.
Title
Insurance - “Title Insurance” means
insuring, guaranteeing or indemnifying owners of real property or others
interested therein against loss or damage suffered by reason of liens,
encumbrances upon, or defects in the title to said property, and the invalidity
or impairment of liens thereon, or doing any business in substance equivalent to
any of the foregoing in a manner designed to evade the provisions of this
Act.
8.
Title
Insurance Agent - “Title Insurance Agent”
means a person, firm, association, or corporation owning or leasing and
controlling an abstract plant as defined by the Board, or as a participant in a
bona fide joint abstract plant operation as defined by the Board, and authorized
in writing by a title insurance company to solicit insurance and collect
premiums and to issue or countersign policies in its
behalf.
9.
Title
Insurance Company - “Title Insurance Company”
means any domestic company organized under the provisions of this Act for the
purpose of conducting the business of title insurance, any title insurance
company organized under the laws of another state or foreign government meeting
the requirements of this Act and holding a certificate of authority to transact
business in Texas and any domestic or foreign company having a certificate of
authority to insure titles to real estate within this state and which meet the
requirements of this Act.
4.
Other Title Insurance Related
Definitions
1.
Abstract
Plant - An Abstract Plant used as
the basis for issuance of title insurance policies in the State of Texas shall
consist of fully indexed records showing all instruments of record affecting
lands within the county for a period of at least 25 years immediately prior to
the date of search. The indices
pertaining to land shall be arranged in geographic order (i.e. lot and block or
subdivided lands, and survey or section number for acreage tracts). To be a qualified Abstract Plant, the
Abstract Plant must contain all of the indices as set forth in Procedural Rule
P-12.
2.
Administrative
Regulations - The regulations adopted by
the Texas Insurance Commissioner and found in Title 28 Official Texas
Administrative Code Section 9.1 et. seq. including the Basic Manual for Title
Insurance.
3.
Article
9.30(B) - (set forth text
later)
4.
Article
9.30(B)(2) - (set forth text
later)
5.
Business
Affiliation - Shall have the same
meaning as “Business Affiliate” set forth below.
6.
Individual
Account Only - The term “Individual
Account Only” means that the use is for a natural person’s individual use and
not for use in a business context by a business
affiliate.
7.
Issuance
of Title Insurance - The “Issuance of Title
Insurance” means that a portion of the business of title insurance leading up to
and including the delivery of the policy of title insurance to the
insured.
8.
Policy or
Policies of Title Insurance - (import text
later)
9.
Procedural
Rule P-25 - (import text
later)
10.
Services - The term
“Services” includes, but is not limited to, the following elements: (i) closing
the transaction; (ii) title examination.
11.
Texas
Title Insurance Act - The term “Texas Title
Insurance Act” means Article 9.01 et. seq. of the Texas Insurance
Code.
12.
Texas
Title Insurance Basic Manual - The “Texas Title Insurance
Basic Manual” means the .
13.
Title
Evidence - The term “Title Evidence”
means the information regarding instruments affecting title to a tract of land,
going back not less than 25 years or such greater period of time as is necessary
to determine the ownership and appropriate liens, encumbrances upon or defects
in title. Title Evidence must
include, at a minimum, the following: (i) the grantor of each instrument; (ii)
the grantee of each instrument; (iii) the type of each instrument; (iv) the
recording information for each instrument; and, (v) copies of each instrument
necessary for an examiner to examine the title and prepare a title report or
commitment for title insurance.
14.
Your
Business Affiliation - The term “Your Business
Affiliation” means Business Affiliate as defined
below.
5.
Other
Definitions
1.
Business
Affiliate - The term “Business
Affiliate” shall mean, with respect to a User, the entity {as defined herein}
with which the user is in a business relationship, including, but not limited
to: (i) employer/employee; (ii) principal/agent; (iii) independent
contractor/client; (iv) franchisor/franchisee. The term “entity,” within the context of the term Business
Affiliate, includes, but is not limited to: (i) sole proprietorship; (ii)
corporation; (iii) partnership; (iv) limited partnership; (v) joint venture;
(vi) limited liability company; (vii) business trusts; (viii) fiduciaries of all
types; (ix) all forms of financial and banking institutions; and, (x) federal,
state and local governmental units
2.
License
Agreement - The term “License
Agreement” means all of the terms set forth on this “User License Agreement for
CountyResearch.com User Site” document.
3.
Loss - The term
“Loss” shall mean the sums paid or to be paid by a user or a Business Affiliate,
in cash or otherwise, to settle or compromise: (i) claims of any nature arising
under information derived from the site; or, (ii) liability or perceived
liability, of the user or Business Affiliate for materials derived from the
site. Loss shall include, but not
be limited to, expenses, costs and attorney’s fees actually paid or incurred in
connection with the investigation, negotiation, litigation or settlement of any
manner. Loss includes, but is not
limited to, lost profits, indirect damages, consequential damages, special
damages, punitive damages or otherwise.
4.
Person - “Person”
means a natural person or a Business Affiliate.
2.
PURPOSE
TierraAmerica Information Services, Inc. is providing this
License Agreement to you to set forth the terms applicable to your use of the
Site. PLEASE READ ALL THE
TERMS AND PROVISIONS OF THIS LICENSE AGREEMENT VERY
CAREFULLY.
3.
ACCEPTANCE OF LICENSE
TERMS
1.
Unconditional
Acceptance
You understand that accessing
or transmitting information, registering or otherwise participating in CountyResearch.com
constitutes and shall be deemed an unconditional acceptance by you of all the
terms of this License Agreement. If you do not agree with all the terms of this
License Agreement, you must not use or participate in
CountyResearch.com.
2.
Owner Right to
Modify
TierraAmerica Information Services, Inc. reserves the right, at
its sole discretion, to change, modify or add to this License Agreement, at any
time, and without prior notice to you.
3.
Minimum
Age
You must be at least 18 years
of age to register with CountyResearch.com.
4.
Information and
Registration
By completing a registration
for CountyResearch.com, you agree that any and all information that you supply in the
registration process and other information that TierraAmerica Information Services, Inc. may require from time to
time, is current, truthful, and complete.
TierraAmerica Information Services, Inc. reserves the right to terminate your registration with CountyResearch.com at
any time or in the event that the information provided by you, including your
e-mail address, is no longer current or accurate. You agree to maintain only one active
registration with CountyResearch.com at all times and you certify that you currently have no
other registration(s) with CountyResearch.com.
4.
CONTENT AND PROPERTY RIGHT
PROTECTIONS
The content available through
CountyResearch.com is the property of TierraAmerica Information Services, Inc. or its licensors and is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. You agree that all content
located at CountyResearch.com is the sole property of TierraAmerica Information Services, Inc.. You understand and agree that the
information in, or derived from CountyResearch.com, including communications, photos, video,
graphics and other material may not be copied, republished, redistributed,
transmitted, altered, edited or exploited in any manner for any purpose, without
notice to TierraAmerica Information Services, Inc. and the prior express written permission of TierraAmerica Information Services, Inc.. TierraAmerica Information Services, Inc. neither warrants nor represents
that your use of materials displayed on the Site will not infringe rights of third
parties not owned by or affiliated with TierraAmerica Information Services, Inc..
5.
ACCURACY
While TierraAmerica Information Services, Inc. uses reasonable
efforts to include accurate and up to date information in the Site, TierraAmerica Information Services, Inc. makes
no warranties or representations as to its accuracy. TierraAmerica Information Services, Inc. assumes no liability or
responsibility for any errors or omissions in the content of the Site. TierraAmerica Information Services, Inc.
will not be responsible to you for any Loss suffered by you or your Business
Affiliate.
6.
USER NAME AND
PASSWORD
You shall be the only
authorized user of CountyResearch.com through your User Name and
Password.
7.
TRADEMARKS
The trademarks, logos, and
service marks (collectively the “Trademarks”) displayed on the Site are
Trademarks of TierraAmerica Information Services, Inc. and others.
Nothing contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the Site without the written permission of TierraAmerica Information Services, Inc. or such third
party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on
the Site, or any other content on the Site, except as provided in this License
Agreement, is strictly prohibited.
You are also advised that TierraAmerica Information Services, Inc. will aggressively enforce its
intellectual property rights to the fullest extent of the law, including the
seeking of criminal prosecution.
8.
TRANSMISSIONS TO
SITE
Any communication or material
you transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions or the list is, and will be treated as,
nonconfidential and nonproprietary.
Anything you transmit or post becomes the property of TierraAmerica Information Services, Inc. or its
affiliates and may be used for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, TierraAmerica Information Services, Inc. is free to use any
ideas, concepts, know-how, or techniques contained in any communication you send
to the Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing using such information. Through your usage of this Site, you may
submit and/or TierraAmerica Information Services, Inc. may gather certain limited information about you and your
web site usage. TierraAmerica Information Services, Inc. is free to
use such information for any purpose it deems appropriate, including, but not
limited to: (i) creating customized web pages; (ii) marketing purposes; (iii)
reporting to regulators and law enforcement
agencies.
9.
SITE
LINKS
TierraAmerica Information Services, Inc. has not reviewed any
or all of the sites linked to the Site and is not responsible for the content of
any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages
or other sites is at your own risk and without the permission of
TierraAmerica Information Services, Inc..
10.
TECHNOLOGICAL INFORMATION
RETRIEVAL TECHNIQUES
Retrieving information with
robots or by any automated means, or by any other method of accessing or using
the data and services provided on this Site other than through the methods
provided on the Site are 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 Site (in any format) to avoid
the charge for a PDF version of the same image; and, (3) framing of the Site by
another site; are all specifically prohibited without prior written notice to
TierraAmerica Information Services, Inc. and the prior written consent of TierraAmerica Information Services, Inc..
11.
RISK OF
LOSS
Your use of and browsing in
the Site are at your risk. Neither
TierraAmerica Information Services, Inc., any of its agencies, nor any other party involved in creating,
producing, or delivering the Site is liable for any direct, incidental,
consequential, indirect, special or punitive damages arising out of your access
to, or use of, the Site. Without
limiting the foregoing, TierraAmerica Information Services, Inc. also
assumes no responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property on account of
your access to, use of, or browsing in the Site on your downloading of any
materials, data, text, images, video, or audio from the
Site.
12.
LIMITATIONS OF
LIABILITY
1.
General
Limitations
TierraAmerica Information Services, Inc. SHALL NOT HAVE ANY
LIABILITY OR OBLIGATION TO YOU OR ANY THIRD PARTY (WHETHER CAUSED DIRECTLY OR
INDIRECTLY) RELATING TO TierraAmerica Information Services, Inc., INCLUDING, BUT NOT LIMITED TO, (I) THE MATERIALS
AND OTHER INFORMATION MADE AVAILABLE VIA TierraAmerica Information Services, Inc. OR (II) THE INTERRUPTION, DELAY
OR FAILURE IN THE TRANSMISSION, DELIVERY OR DISTRIBUTION OF THE SERVICES OR
MATERIALS.
2.
Sole
Liability
TierraAmerica Information Services, Inc.’s SOLE LIABILITY TO YOU FOR ANY
CLAIMS, NOTWITHSTANDING THE FORM OF SUCH CLAIMS (I.E. CONTRACT, NEGLIGENCE OR
OTHERWISE), ARISING OUT OF YOUR USE OF TierraAmerica Information Services, Inc., SHALL BE TO USE TierraAmerica Information Services, Inc.’s
REASONABLE EFFORTS TO RESUME THE SERVICES AS PROMPTLY AS REASONABLY
PRACTICABLE.
3.
Limitation on
Remedies
IN NO EVENT SHALL TierraAmerica Information Services, Inc. HAVE
ANY LIABILITY FOR LOST PROFITS, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
4.
Liquidated
Damages
IN NO EVENT SHALL TierraAmerica Information Services, Inc.’s
AGGREGATE LIABILITY ARISING OUT OF RELATING TO THIS AGREEMENT EXCEED FIVE
THOUSAND DOLLARS ($5,000).
13.
WARRANTIES
Everything on the Site is
provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you.
14.
ORIGINAL SOURCE
DISCLAIMER
The original source of the
content of the image and/or data collections available on this Site is the
appropriate government office responsible for this information, whether
purchased directly from the government office or a third party provider of such
data. The government offices, third
party data providers, and TierraAmerica Information Services, Inc. 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 TierraAmerica Information Services, Inc. of data
provided or of any other activity of TierraAmerica Information Services, Inc..
15.
TITLE INSURANCE SPECIFIC
PROVISIONS
1.
Regulation of Title
Insurance
In Texas, the Business of
Title Insurance is in all respects totally regulated by the State of Texas in
accordance with: (i) Article 9.01 et. seq. of the Texas Insurance Code; and,
(ii) the Basic Manual of Rules, Rates and Forms for the Writing of Title
Insurance in the State of Texas (hereinafter the “Basic Manual for Title
Insurance”). The Texas Insurance
Code and the Basic Manual for Title Insurance set forth all of the statutory and
regulatory requirements applicable to the Business of Title Insurance. Pursuant to Article 9.01 of the Texas
Insurance Code, the legislature of the State of Texas found that the Business of
Title Insurance, both the direct issuance of policies and the reinsurance of
assumed risk, of every type, should in all respects be totally regulated by the
State of Texas. The Texas
Department of Insurance, acting pursuant to the delegation of authority
contained in the Texas Insurance Code, has promulgated the Basic Manual for
Title Insurance which contains: (i) all insuring forms and endorsements; (ii)
rate rules for insurance coverage’s; (iii) procedural rules for insurance
coverage’s; (iv) administrative rules for dealing with the Texas Department of
Insurance; (v) non-policy coverage forms required to be used; (vi) claims
procedures; and (vii) Texas Department of Insurance bulletins. Accordingly, all
title insurance policies, and endorsements thereto, are issued on forms
promulgated by the State of Texas.
The Basic Manual for Title Insurance, as adopted and enforced by the
Texas Department of Insurance, specifically delineates the available title
insurance coverage’s, and rates,
for Texas real estate transactions which must be insured in accordance
with the Texas Title Insurance Act.
2.
CountyResearch.com Use Under the
Title Insurance Regulations
Using the CountyResearch.com site
does not excuse the user from full and complete compliance with the Texas
Insurance Code and the Basic Manual for Title Insurance. If a user is not authorized to perform a
function under the Texas Insurance Code or the Basic Manual for Title Insurance,
the user cannot make use of the site to circumvent compliance with the Basic
Manual for Title Insurance and the Texas Insurance
Code.
3.
Requirements for Examination
of Title from Title Evidence From a Qualified Abstract
Plant
It is illegal to write a
policy or contract of title insurance unless the requirements of Article 9.34 of
the Texas Insurance Code are satisfied.
Article 9.34 of the Texas Insurance Code requires four
elements:
(1)
First Element - There must be compliance with the provisions of Article
9.30(B) of the Texas Insurance Code.
(2)
Second Element - The policy or contract of title insurance must be based
on an examination of title made from title evidence prepared from an abstract
plant owned, or leased and operated by a licensed Texas title insurance agent or
direct operation for the county in which the real property is
located.
(3)
Third Element - There must be a determination of insurability of title in
accordance with sound title underwriting
practices.
(4)
Fourth Element - The title evidence must be preserved and retained in the
files of the title insurance company, direct operation or title insurance agent
for a period of not less than fifteen (15) years after the policy or contract of
title insurance has been issued.
The only circumstances where
a title insurance company may directly issue its policy of title insurance based
on OTHER THAN an examination of title made from title evidence prepared from an
abstract plant owned, or leased and operated by a licensed Texas title insurance
agent or direct operation for the county in which the real property is located
is when the following elements have been satisfied:
(1)
First Element - No licensed Texas title insurance agent or direct
operation exists for a county in which the real property is located;
or
(2)
Second Element - If all licensed title insurance agents and direct
operation for the county refuse to provide the title evidence within such
reasonable time as determined by the Texas Department of Insurance and in
compliance with the provisions of Article
9.30(B)(2).
4.
Very Limited Circumstances
When CountyResearch.com Site May be Used to Produce Title
Evidence
The CountyResearch.com site may be
used to produce title evidence for the issuance of a policy or policies of title
insurance under the following limited
circumstances:
(1)
The user has complied with Article 9.34 of the Texas Insurance
Code.
(2)
The user maintains for fifteen (15) years, in a form readily available to
TierraAmerica Information Services, Inc. upon TierraAmerica Information Services, Inc.’s request to the user, the following original written
evidence:
(a)
a letter from an officer of a Texas title insurance company authorizing
the user to obtain the “best title evidence available” pursuant to Article 9.34
of the Texas Insurance Code, by using the CountyResearch.com site;
and,
(b)
the user’s original signed certification to TierraAmerica Information Services, Inc. that
either:
(i)
no licensed title insurance agent or direct operation exists for the
county in which the real property is located; or
(ii)
all licensed title insurance agents and direct operations for the county
refused to provide the title evidence within the timeframe established by
Procedural Rule P-25 of the Basic Manual for Title Insurance as promulgated by
the Texas Insurance Commissioner.
5.
Circumstances Where Site May
be Used by Title Companies Involving Matters Other Than Preparing Title Evidence
for Issuance of Title Insurance
There are a number of
circumstances where a title company may make use of the CountyResearch.com site and not
violate this license agreement or the Texas Insurance Code. The following examples are a
non-exclusive list:
(1)
Title evidence has already been obtained from a title insurance agent or
direct operation in compliance with Article 9.34 and the user is obtaining
copies of the documents contained on the title evidence so
provided.
(2)
The title insurance company is working a claim under a policy or policies
of title insurance and it needs to gather title evidence concerning
administration of the claim.
(3)
Where the title evidence will not be used, directly or indirectly, for
the issuance of a policy or policies of title insurance or an endorsement
thereto.
6.
Penalties Under Texas
Insurance Code for Wrongful Use of CountyResearch.com Site
16.
TERMINATION
You agree that we may, in our
sole discretion, terminate or suspend your access to all or part of CountyResearch.com for
any reason, including, without limitation: (i) breach of this License Agreement
or any subsequent modifications; or, (ii)
attempted assignment of your membership by you. Any suspected fraudulent, abusive or
illegal activity is grounds for termination of your membership and may be
referred to appropriate law enforcement authorities or governmental regulatory
body. TierraAmerica Information Services, Inc. shall not be liable to
you or any third party for any claims related to your termination from
CountyResearch.com.
17.
GENERAL PROVISIONS &
CONSTRUCTION OF LICENSE AGREEMENT
A.
Assignment.
This License Agreement is not
assignable by you or any Business Affiliate.
B.
Counterparts.
This License Agreement may be
accepted electronically in as many counterparts as may be required and it shall
not be necessary that the signature of, or in behalf of, any party appear on any electronically
accepted counterpart.
C.
Severability.
If any one or more of the
terms of this License Agreement shall to any extent be adjudged invalid,
unenforceable, void, or voidable for any reason, each and all of the remaining
terms of this License Agreement shall not be affected thereby and shall be valid
and enforceable to the full extent permitted by
law.
D.
Headings.
The subject headings of the
paragraphs and subparagraphs of this License Agreement are included for the
purpose of convenience only, and shall not affect the construction or
interpretation of any of their provisions.
E.
Construction.
Any ambiguities in this
agreement shall be construed in favor of TierraAmerica Information Services, Inc..
F.
Capitalization.
Generally, defined terms in
this agreement begin with a capital letter. However, where the context requires, a
term which is not capitalized may also be construed as a defined
term.
G.
Time of the Essence.
Time shall be of the essence
with respect to each and every term of this
Agreement.
H.
Tense.
Where the context requires, the singular
shall include the plural and the plural shall include the singular.
I.
General Terms.
The use of specific terms
shall not be construed to limit the construction or meaning of general
terms.
J.
Entire Agreement.
This License Agreement
constitutes the entire agreement
between the Parties and supersedes all prior discussions, understandings or
agreements. This Agreement shall
not be amended or modified except by a subsequent written License Agreement
posted to the Site by TierraAmerica Information Services, Inc. or by separate written agreement executed by
TierraAmerica Information Services, Inc..
K.
Attorney Fees.
If TierraAmerica Information Services, Inc. shall institute an action
against a User and/or Business Affiliate
for breach of this License Agreement, title X shall be entitled to
collect from the User all charges, expenses, fees, court costs and actual attorney fees to incurred by TierraAmerica Information Services, Inc..
L.
Governing Law.
To the extent necessary, all
aspects of this License Agreement
shall be construed, enforced, and governed according to and by the laws of the
United States of America, and, where state law is necessary to the
implementation of this License Agreement the laws of the State of
Texas.
M.
No Third Party Beneficiary.
This License Agreement is for
the sole benefit of TierraAmerica Information Services, Inc. and the User and shall not be construed or deemed to
be made for the benefit of any third party or
parties.
N.
Waiver and Future Compliance.
A waiver of any provision of
this License Agreement by TierraAmerica Information Services, Inc. shall not be construed to be a waiver of
compliance with such provision in the future.
O.
General Law Compliance.
User agrees to comply with
all federal, state and local laws applicable to: (i) the use
of the Site; and, (ii) the
use of the data and/or materials obtained from the Site in any transaction or
transactions where the data or materials are used.
P.
Notices.
All notices permitted or
required to be given under this License Agreement shall be in writing, addressed
as shown below, and may be: (i) personally delivered; or, (ii) delivered by
express courier service; or, (iii) mailed by certified or registered United
States Mail. The effective date of
notice shall be: (i) the date of delivery, for personal or express courier
deliveries {which date of delivery may be evidenced by a receipt signed by
an officer of the company being
noticed}; (ii) the date shown on the "return card" for certified or registered
mail if delivery is by certified or registered mail. Said notices shall be addressed as
follows:
TierraAmerica Information Services, Inc., a Texas
Corporation
918 Astin Street
Hempstead, Texas 77445