Terms & Conditions

Terms & Conditions

TERMS OF USE

September 13,2019 

WHAT YOU SHOULD KNOW

Welcome to the WWW.GREATERPHILLYABSTRACT.COM web site (the "Web Site").Please read our Terms of Use (the "Terms") carefully beforecontinuing on with your use of this Web Site. These Terms shall govern the useof the Web Site and apply to all Internet traffic visiting the Web Site. Byaccessing or using this Web Site, you agree to the Terms. The Terms are meantto protect all of our Web Site visitors and your use of this Web Site signifiesyour agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DONOT USE THIS WEB SITE.

 

GREATER PHILLYABSTRACT, LLC ("We", "Us", "Our") reservesthe right, in its sole discretion, to modify, alter or otherwise update theseTerms at any time. Such modifications shall be effective immediately uponposting. By using this Web Site after we have posted notice of such modifications,alterations or updates you agree to be bound by such revised Terms. IF YOUDO NOT AGREE WITH THE REVISED TERMS, YOU MUST STOP USING THIS WEB SITE.

 

This Web Site willpermit you to link to many other web sites (Linked Sites), that may or maynot be affiliated with this Web Site and/or Greater Philly Abstract, LLC,and that may have terms of use that differ from, or contain terms in additionto, the terms specified here. Your access to such Linked Sites through linksprovided on this Web Site is governed by the terms of use and policies of thosesites, not this Web Site. Please review those Linked Sites terms of use andpolicies when using such links.

 

PRIVACY

Registration data andcertain other information about you are subject to our Privacy Policy. For moreinformation, please review our full Privacy Policy at https://www.greaterphillyabstract.com

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Web Site iscontrolled and operated by Greater Philly Abstract, LLC, 107 S. 2ndStreet, Suite 200A, Philadelphia, PA 19106. All content on this Web Site,including, but not limited to text, images, illustrations, audio clips, andvideo clips, is protected by copyrights, trademarks, service marks, and/orother intellectual property rights (which are governed by U.S. and worldwidecopyright laws and treaty provisions, privacy and publicity laws, andcommunication regulations and statutes), and are owned and controlled by GreaterPhilly Abstract, LLC or its affiliates, or by third party content providers,merchants, sponsors and licensors (collectively "Providers") thathave licensed their content or the right to market their products and/orservices to Greater Philly Abstract, LLC. Content on this Web Site or anyweb site owned, operated, licensed or controlled by the Providers is solely foryour personal, non-commercial use. You may print a copy of the Content and/orinformation contained herein for your personal, non-commercial use only, butyou may not copy, reproduce, republish, upload, post, transmit, distribute,and/or exploit the Content or information in any way (including by e-mail orother electronic means) for commercial use without the prior written consentof Greater Philly Abstract, LLC or the Providers.

 

Without the priorwritten consent of Greater Philly Abstract, LLC or the Providers, yourmodification of the Content, use of the Content on any other web site ornetworked computer environment, or use of the Content for any purpose otherthan personal, non-commercial use, violates the rights of the owners GreaterPhilly Abstract, LLC and/or the Provider copyrights, trademarks or servicemarks and other proprietary rights, and is prohibited. As a condition to youruse of this Web Site, you warrant to Greater Philly Abstract, LLC thatyou will not use our Web Site for any purpose that is unlawful or prohibited bythese Terms, including without limitation the posting or transmitting anythreatening, libelous, defamatory, obscene, scandalous, inflammatory,pornographic, or profane material, nor in violation of the Acceptable UsePolicy of the Web Site hosting service provider,. If you violate any of theseTerms, your permission to use our Web Site immediately terminates without thenecessity of any notice.

 

Greater PhillyAbstract, LLC retains the right to deny access to anyone at its discretion forany reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on thisWeb Site, including but not limited to any logos or characters, without theexpress written consent of the owner of the mark or copyright. You may notframe or otherwise incorporate into another web site any of the Content orother materials on this Web Site without prior written consent of GreaterPhilly Abstract, LLC.

 

PROHIBITED ACTIVITIES

You are specifically prohibitedfrom any use of this Web Site, and You agree not to use or permit others to usethis Web Site, to: (a) take any action that imposes an unreasonable ordisproportionately large load on the Web Site's infrastructure, including butnot limited to "spam" or other such unsolicited mass e-mailingtechniques; (b) disclose or share the assigned confirmation numbers and/orpasswords with any unauthorized third parties or use the assigned confirmationnumbers and/or passwords for any unauthorized purpose; (c) attempt to decipher,decompile, disassemble or reverse engineer any of the software or HTML codecomprising or in any way making up a part of this Web Site; (d) upload, post,email or otherwise transmit any information, Content, or proprietary rights thatYou do not have a right to transmit under any law or under contractual orfiduciary relationships; (e) violate any applicable local, state, national orinternational law, including, but not limited to, any regulations having theforce of law; or (f) use any robot, spider, intelligent agent, other automaticdevice, or manual process to search, monitor or copy our Web pages, or theContent without our prior written permission, provided that generally availablethird party Web browser such as Firefox Microsoft Internet Explorer may beused without such permission.

 

LINKS

This Web Site maycontain links to other web sites ("Linked Sites"). The Linked Sitesare provided for your convenience and information only and, as such, you accessthem at your own risk. The content of any Linked Sites is not under the controlof Greater Philly Abstract, LLC, and Greater Philly Abstract, LLC doesnot endorse, such content, whether or not Greater Philly Abstract, LLC isaffiliated with the owners of such Linked Sites. You may not establish ahyperlink to this Web Site or provide any links that state or imply anysponsorship or endorsement of your web site by Greater Philly Abstract,LLC, or its affiliates or Providers.

 

DISCLAIMER OF WARRANTIES

ALL CONTENT ON THISWEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDEITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S.LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OFEXCLUSION, RESTRICTION, OR MODIFICATION, GREATERPHILLY ABSTRACT, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GREATER PHILLY ABSTRACT, LLC, ITS AFFILIATED OR RELATEDENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THISWEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS.

 

THE CONTENT THAT YOUACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATIONONLY. GREATER PHILLY ABSTRACT, LLC DOESNOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY ORCURRENCY OF ANY INFORMATION CONTENT, AND/OR SERVICE PURSUANT TO YOUR USE OFTHIS WEB SITE.

 

DISCLAIMER OF LIABILITY

YOU EXPRESSLY AGREETHAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT GREATER PHILLY ABSTRACT, LLC) ASSUMETHE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOURSYSTEM. YOU EXPRESSLY AGREE THAT NEITHER GREATERPHILLY ABSTRACT, LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDINGITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NORANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVEDIN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THISWEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANYLOSS, DAMAGE (WHETHER ACTUAL OR CONSEQUENTIAL), CLAIM, LIABILITY OR OTHER CAUSEOF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE ORATTEMPTED USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESSTO ANY RELATED SOFTWARE OR HARDWARE).

 

BY WAY OF EXAMPLE, ANDWITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GREATER PHILLY ABSTRACT, LLC AND RELATED PERSONS ANDENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISINGFROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TOOR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA,INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLYACKNOWLEDGE AND AGREE THAT GREATERPHILLY ABSTRACT, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANYDEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

 

INDEMNIFICATION

You agree toindemnify, defend, and hold harmless Greater Philly Abstract, LLC, the Providers,and Web Site hosting service providers, and its and their officers, directors,employees, affiliates, agents, licensors, and suppliers from and against alllosses, expenses, damages and costs, including reasonable attorneys' fees,resulting from any violation by you of these Terms or misuse of the Web Site.

 

THIRD PARTY RIGHTS

These Terms are forthe benefit of Greater Philly Abstract, LLC, its Providers, and Web Sitehosting service providers, and its and their officers, directors, employees,affiliates, agents, licensors, and suppliers. Each of these individuals orentities shall have the right to assert and enforce these Terms directlyagainst you on its or their own behalf.

 

JURISDICTIONAL ISSUES

Unless otherwisespecified, the Content contained in this Web Site is presented solely for yourconvenience and/or information. This Web Site is controlled and operatedby Greater Philly Abstract, LLC from Philadelphia, PA. Greater PhillyAbstract, LLC makes no representation that Content in its Web Site isappropriate or available for use in other locations. Those who choose to accessthis Web Site from other locations do so on their own initiative and areresponsible for compliance with local laws, if and to the extent local laws areapplicable. You may not use or export the materials in this Web Site inviolation of U.S. export laws and regulations.

 

RESOLVING DISPUTES

If a dispute shouldarise between you and Greater Philly Abstract, LLC, we want to provide youwith a resolution that is efficient and cost effective by using our customer serviceteam. Almost all customer service disputes can be resolved to the customerssatisfaction by using our customer service, reachable by calling 267-886-9501 orby sending an email through the Contact Us section of our website.

 

If your dispute cannotbe resolved using our customer service team, these Terms describe how we shallproceed with the resolution of the dispute.

 

AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THISSECTION CAREFULLY IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOURRIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ITCONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTIONWAIVER.

IF YOU ARE A U.S.RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

  1. WE BOTH AGREE TO ARBITRATE: You and Greater Philly Abstract, LLC agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Greater Philly Abstract, LLCs intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Greater Philly Abstract, LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
  2. WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
  3. ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Greater Philly Abstract, LLC must do the following things:
    1. (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus theappropriate filing fee to your local JAMS office.

(3) Send one copy of the Demand for Arbitration to the otherparty.

  1. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, Greater Philly Abstract, LLC will pay all administrative costs and fees provided, however, if Greater Philly Abstract, LLC prevails you will reimburse us for all such administrative costs and fees. Arbitration under this agreement shall be held in the United States county where you live or work, Pennsylvania, or any other location we mutually agree to, subject to Pennsylvania law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  2. AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Greater Philly Abstract, LLC, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Greater Philly Abstract, LLC.
  3. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
  4. WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Greater Philly Abstract, LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GREATER PHILLY ABSTRACT, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
  5. OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Greater Philly Abstract, LLC at contact@greaterphillyabstract.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.


CHOICE OF LAW/FORUM SELECTION

In any circumstanceswhere the Agreement to Arbitrate Disputes permits the parties to litigate incourt, these Terms shall be governed by and construed in accordance with thelaws of the State of New Jersey, excluding its conflict of law rules. You furtherexpressly consent and agree to submit to the exclusive jurisdiction and venueof a court of competent jurisdiction located in Philadelphia County, Pennsylvaniaor the District Court of Pennsylvania.


ENTIRE AGREEMENT

The provisions andconditions of these Terms, and each obligation referenced herein, represent theentire Agreement between Greater Philly Abstract, LLC, its affiliated orrelated entities, and you, and supersede any prior agreements or understandingsnot incorporated herein. In the event that any inconsistencies exist betweenthese Terms and any future published terms of use or understanding the lastpublished Terms of Use shall prevail.