CROWN USER AND ONLINE SALE TERMS AND CONDITIONS

These Terms and Conditions govern your use of, access to, and purchases from the following Web CROWN: www.Crownsearchservicesohio.com (“CROWN”, “we”, or “us.”). References to the user of CROWN or purchaser of any service or product shall be by the terms client, “you” or “your.”

IMPORTANT! By accessing, using, viewing, reading, printing, purchasing, or downloading any material from CROWN, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer™ or Netscape™ and a computer.

These Terms and Conditions are subject to change by CROWN without prior notice, at any time, in its discretion. Notification of any changes will be posted on this page. You agree to review this page periodically to be aware of such changes. If these changes are unacceptable to you, you must exit CROWN. Your continued use of CROWN following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes.

If you do not agree to be bound by these Terms and Conditions, you must exit CROWN immediately, you may not use or access CROWN, and you may not purchase any goods or services from CROWN. Please consult these Terms and Conditions regularly and read them carefully before using CROWN. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.

You are solely responsible for obtaining access to CROWN and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including the fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access CROWN.

It is up to the buyer of the CROWN product(s) to only use the information provided by CROWN for lawful purposes. Please review your local laws, as well as Federal legislation such as the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, Patriot Act, and other privacy regulations. Since we do not know your intended usage from your order form, your use of our system is contingent upon your representation that you understand lawful usage in your area, and agree not to use the data for any unlawful purposes.

YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF CROWN OR CROWNSEARCHSERVICES.COM TO CREATE, REPLACE, SUPPLEMENT OR ENHANCE ANY TITLE, LEGAL, VESTING, OWNERSHIP OR ENCUMBRANCE REPORT, NOR AS AN ALTERNATIVE INSURANCE PRODUCT OR APPROACH. THE SERVICES DO NOT REPRESENT LEGAL ADVICE, INSURANCE, OR REAL ESTATE TRANSACTION SERVICES. WHERE REGULATED BY LAW, THE SERVICE AND/OR DATA PROVIDED ARE NOT PROVIDED FOR ANY PROHIBITED USE.

We value your business and would like to ensure your satisfaction. If you ever have questions about the service, please contact customer service or you can call Customer Service at (614) 224-4040. Hours of operation are Mon-Fri: 9am – 5pm Eastern. Additionally, you can fax your request to (614) 224-4343.

1. Privacy Policy

We collect information from you for the purpose of transacting your order only. We do not sell, lease, or give any of your information to third parties for marketing. Sensitive information, such as credit card numbers, are transmitted to the bank using encryption, and are not stored on our system.

We will normally contact you by email or phone, shortly after your order is complete, to follow up and ensure your satisfaction. We do not call or email for solicitation, nor will we forward your information to outside companies for advertising.

2. Products, Services & Notices

CROWN will provide basic real estate information such as legal description, ownership status, valuation, and parcel identification that CROWN collects from public records. We will locate as much additional background information on the property you are seeking as is reasonably available. However, we are limited by the amount and accuracy of the information that is provided by third party and governmental sources. Most data sources, county and governments report on a consistent basis to electronic databases. Since variations on timing of property record updates exist, it is possible that some data, such as very recent transactions or judgment liens, may not be available. Your report will capture all data currently available to our electronic database sources, but it is possible that some items will not be non-reported. Reports do not always contain all details or exhaustive information. Moreover, we access records controlled by third parties, and report the results to you. The records contained in public files occasionally contain errors or omissions, and user specifically holds CROWN harmless from any and all claims, counts, debts, allegations or causes of action relating to any reliance on the information provided by third parties or the CROWN. This release and hold harmless agreement shall be binding on all successors and assigns. Please note that some county and state records may not be available to CROWN due to the scope of information released by those jurisdictions. Also, down time by third party systems might result in delayed responses to the search inquiry. Changes in the law may affect the scope of the results provided, or even the accuracy of the records delivered.

You are paying for our research services, not particular results. Reports are provided “as is” and refunds will not be provided for incomplete or inaccurate reports. CROWN specifically disclaims any and all warrantees and guarantees relating to the information provided, and you hereby release CROWN from any claims relating to such warrantees or guarantees. CROWN’s product does not include a physical property inspection, an appraisal, property valuation, or an analysis of market conditions. CROWN specifically disclaims any effort to practice law or real estate in OHIO, or any other state, and emphasizes that CROWN’s services is not a substitute for services of an attorney, appraiser or real estate broker. The operators of CROWN are not licensed professionals. It is up to the buyer of the report to use the information provided by CROWN only for lawful purposes. Please review your local, state and federal laws, including the Fair Credit and Reporting Act (15 U.S.C. §1681) as well as laws relating to consumer rights, before purchasing services from CROWN. Your use of our system is contingent upon your representation that you understand lawful usage in your area, and agree not to use the data for any unlawful purposes. Additionally, you must obtain all necessary licenses, permits, and/or authorizations required by local, state or federal law prior to purchasing or using the information provided by the CROWN. CROWN disclaims all liability for the use of CROWN’s product or services, as well as the legality of using CROWN’s product in user’s jurisdiction. For a complete, legally accurate property title status, you should contact a local attorney or title insurance company.

CROWN performs data research services only, and does not offer an opinion of title or property. Our title search services retrieves data from publicly available property records, not including local Municipal courts and/or Federal Court records. Client should determine if Municipal and Federal Court records affect property title. CROWN does not accept liability for errors in records or other indexes used to compile data. All liability for CROWN is limited to price paid for search by customer.

3. Access to, and Interference with, CROWN

A. Access

To access CROWN or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition precedent to your use of this CROWN that all information you provide will be correct, current, and complete. If CROWN believes the information you provide is not correct, current, or complete, CROWN has the right to refuse you access to CROWN or any of its resources, and to terminate or suspend your access at any time.

B. Interference

Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make derivative works from CROWN’s product, services, content or information (hereinafter, “Materials”). User hereby agrees not to use any automatic device or manual process to monitor or reproduce CROWN or its materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage CROWN or any communications on it.

4. Restrictions on Use of CROWN

You may use CROWN only for purposes expressly permitted by these Terms and Conditions of the CROWN. You may not use CROWN for any other purpose, including any commercial purpose, without CROWN’s express prior written consent. Without the express prior written authorization of CROWN, you may not: (a) duplicate CROWN, its products or services, or any of the Materials contained therein (except as expressly provided in this Agreement); (b) create derivative works based on CROWN or any of the Materials contained therein; (c) use CROWN or any of the Materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the products or services purchased on CROWN or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from CROWN or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with CROWN or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using CROWN’s name or marks; (h) “deep-link” to any page of CROWN(including the homepage); (i) circumvent any encryption or other security tools used anywhere on the CROWN; (j) use any data mining, robots or similar data gathering and extraction tools on the CROWN; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in above; or (m) bookmark any page of CROWN beyond the home page. You agree to cooperate with CROWN in causing any unauthorized use to cease immediately. You acknowledge that the Materials are copyrighted by CROWN or third parties. The goods and/or services purchased on CROWN shall be for the user’s personal use and shall not be used for professional or entrepreneurial purposes. You shall not purchase the CROWN’s services to replace, supplement or create any legal title, ownership, insurance, or encumbrance report. You hereby agree that you have been notified that all communications submitted to CROWN can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

5. Terms of Sale

A. Binding Purchases

All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation letter and/or forwarding the products specified in your order by fax, email or United States mail. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions. No other terms or conditions will apply. All sales are final. CROWN may without liability cancel any accepted order before delivery of the product via fax, email or mail, if our credit department does not approve your credit or if there are other problems with your payment. All product reports shall only be used in the United States, unless user receives prior written approval by CROWN.

B. Prices

Prices for the CROWN’s goods and services are prominently displayed on CROWN prior to your purchase. All prices posted on this CROWN are subject to change without notice. Prices prevailing at time of order apply. Posted prices do not include taxes or charges for shipping and handling. All applicable taxes and shipping charges will be added to your invoice. CROWN reserves the right to contract with a third party to process all payments.

C. Payment

All payments must be received by us prior to emailing, faxing, and/or shipping your order. We accept payment by check, money order and the following credit cards: Visa & MasterCard. All payments must be in United States dollars.

D. Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

E. Shipping and Handling

We will arrange for shipment of the products to you, if that is your desired method of receiving the product. Title, risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6. Disclaimer

You understand that CROWN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this CROWN for the reconstruction of any lost data. CROWN does not assume any responsibility or risk for your use of the Internet.

YOU EXPRESSLY AGREE THAT USE OF CROWN OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. CROWN AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CROWN MAKES NO REPRESENTATIONS OR WARRANTIES THAT CROWN OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CROWN MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF CROWN OR ANY OF THE PRODUCTS PURCHASED THEREIN. CROWN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH CROWN OR ANY TRANSACTION ENTERED INTO THROUGH CROWN AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. CROWN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PROPER PERFORMANCE OF CROWN’S SERVICES, CROWN’S PRODUCT SHOULD NOT BE EXCLUSIVELY RELIED ON IN A REAL ESTATE CLOSING, AND CROWN’S PRODUCT IS NOT AN APPRAISAL. THE CROWN’S PRODUCT REPORT IS COLLECTED FROM PUBLIC RECORDS AND CROWN DISCLAIMS ALL LIABILITY AS TO THE ACCURACY OF THOSE PUBLIC RECORDS. CROWN MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS CROWN AT ANY TIME WITHOUT NOTICE, INCLUDING THE TERMS OF SERVICE. YOU, AND NOT CROWN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS CROWN OR ITS CONTENT. CROWN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability

IN NO EVENT SHALL CROWN (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, GOODWILL, OR SIMILAR DAMAGES, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE CROWN OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF CROWN HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF CROWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CROWN AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO CROWN FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

8. Indemnity

You agree to defend, indemnify, and hold harmless CROWN, its officers, directors, shareholders, members, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use CROWN or any of the Materials contained therein, or your breach of any of these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this CROWN. We reserve the right to participate in the defense of such claim at your expense, and to choose our own legal counsel, but are not obligated to do so.

9. Governing Law

Any disputes resulting from a visitor’s use of this or any Crown server or site shall be construed and enforced under the laws of the State of Ohio. Visitors hereby submit to the jurisdiction of the courts of Franklin County, Ohio and waive any objection to venue with respect to actions brought in such courts. In any dispute, the prevailing party shall be entitled to recover its reasonable attorney’s fees and cost from the non-prevailing party. If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.

10. No Waiver

No waiver of CROWN shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

11. Complete Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of CROWN and CROWN’s services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

12. Contact Information

We value your business and would like to ensure your satisfaction. If you have any questions about CROWN’s products and services, please contact Customer Service at (614) 224-4040. Hours of operation are Mon-Fri: 9am – 5pm Eastern. Additionally, you can fax your request to (614) 224-4343.

DISCLAIMER: The information provided in this search reflects data furnished by the public record system of above property’s county records. These records can generally be deemed reliable, however cannot be guaranteed. In no event shall Crown Search Services LLC, or any of the employees of Crown Search Services, be held liable for damage of any nature, direct or indirect, arising from the use of the county records; including loss of profits, loss of savings, or other incidental or consequential damages. Crown Search Services makes no warranties, express or implied, concerning the accuracy, reliability or suitability of this data. This is not a certificate of title nor a report or opinion as to the marketability of title. Such a certificate, report or opinion can only be rendered by an attorney or by a duly licensed title insurance company. In the event that Crown Search Services inaccurately reports, omits, or is in any other way negligent in reporting information properly indexed in the public record that are required to be searched in accordance with the Ohio State Bar Association search standards, Crown’s liability for any loss sustained by its customer is expressly limited to a refund of the search fee actually paid to Crown for the search that caused the loss. Bankruptcy checked upon request only for a minimal fee.