Welcome to NextAce.com, which is owned by NextAce Corporation and will be referred to in this document as the “Site.” NextAce provides its services to you subject to the following conditions. In addition, when you use any current or future NextAce.com service or visit or purchase from any business affiliated with NextAce, whether or not included in the NextAce.com website, you also will be subject to the guidelines and conditions applicable to such service or business.
By accessing, using, viewing, reading, printing, purchasing, or downloading any material from the Site, 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 and a computer.
These Terms and Conditions are subject to change by the Site 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. Your continued use of the Site 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 the Site immediately, you may not use or access the Site, and you may not purchase any goods or services from the Site. Please consult these Terms and Conditions regularly and read them carefully before using the Site. 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 the Site 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 the Site.
Property Information and Dept reports (“the report”) are for your direct individual use only. Even searches you order at the request of third parties, such as your bank, attorney, or other entity, are still provided for your use only. You are solely responsible for ensuring that the report is suitable for any use.
It is up to the buyer of the report to only use the information provided by NextAce 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 Site and system is contingent upon your representation that you understand lawful usage in your area, and agree not to use the data for any unlawful or prohibited purposes. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. Investors, borrowers, and other persons should use the information provided by this Site in the same manner as any other educational medium and should not rely on the Site’s information or purchased products and/or services to the exclusion of their own professional judgment. There is no information from this Site, nor is any other written, oral, or other communication from NextAce or its officers, agents, representatives or employees intended as legal advice.
YOU AGREE AND WARRANT THAT YOU SHALL NOT USE ANY ELEMENT OR COMPONENT OF THE NEXTACE PRODUCT AND/OR SERVICES 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 do not call or email for solicitation, nor will we forward your information to outside companies for advertising.
2. ELECTRONIC COMMUNICATION
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Site, such as text, graphics, logos, button icons, images, audio, video, digital downloads, data compilations, and software, is the property of NextAce and may be protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of NextAce Corporation and protected by U.S. and international copyright laws. All software used on this Site is the property of NextAce Corporation or its software suppliers and protected by United States and international copyright laws.
4. COPYRIGHT COMPLAINTS
NextAce and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email email@example.com.
NextAce is a registered trademark and other NextAce graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of NextAce Corporation or its subsidiaries. NextAce Corporation trademarks and trade dress may not be used in connection with any product or service that is not from NextAce Corporation or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NextAce. All other trademarks not owned by NextAce Corporation or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NextAce or its subsidiaries.
LICENSE AND SITE ACCESS
NextAce grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NextAce. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NextAce Corporation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NextAce Corporation. You may not use any meta tags or any other hidden text utilizing NextAce’s name or trademarks without the express written consent of NextAce. Any unauthorized use terminates the permission or license granted by NextAce. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page NextAce.com so long as the link does not portray NextAce products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NextAce logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify NextAce of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. NextAce does not sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under the age of 18, you may use this Site only with involvement of a parent or guardian. NextAce and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. NextAce cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NextAce reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant NextAce a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NextAce and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NextAce or its affiliates for all claims resulting from content you supply. NextAce has the right but not the obligation to monitor and edit or remove any activity or content. NextAce takes no responsibility and assumes no liability for any content posted by you or any third party.
9. PRODUCT DESCRIPTIONS
NextAce attempts to be as accurate as possible. However, NextAce does not warrant that product and/or service descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
10. 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 email. 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. The Site may without liability cancel any accepted order before delivery of the product via email, 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.
Except where noted otherwise, the price displayed for products or services on the Site represents the full price listed for the product or service.
Prices for the Site’s products and services are prominently displayed on the Site prior to your purchase. All prices posted on this Site 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 payment, if applicable. The Site reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder.
All payments must be received by NextAce prior to emailing or otherwise delivery of your order. We accept payment by credit card: Visa, MasterCard, American Express, and Discover. All payments must be in United States dollars.
D. Billing Errors and Reinvestigation
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. In the event of a dispute over the accuracy of Information provided by us, we shall promptly reinvestigate such claims and provide any necessary corrections without additional cost to you. In the event such reinvestigation does not reveal inaccuracies, we reserve the right to invoice as an additional sale of equal fees for the additional research.
You understand that the Site 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 Site for the reconstruction of any lost data. NextAce does not assume any responsibility or risk for your use of the Internet.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE 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. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE PRODUCTS PURCHASED THEREIN. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SITE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PROPER PERFORMANCE OF SITE’S SERVICES, SITE’S PRODUCT SHOULD NOT BE EXCLUSIVELY RELIED ON IN A REAL ESTATE CLOSING, AND SITE’S PRODUCT IS NOT AN APPRAISAL. THE SITE’S PRODUCT REPORT IS COLLECTED FROM PUBLIC RECORDS AND THE SITE DISCLAIMS ALL LIABILITY AS TO THE ACCURACY OF THOSE PUBLIC RECORDS. THE SITE MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE, INCLUDING THE TERMS OF SERVICE. YOU, AND NOT THE SITE, 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 SITE OR ITS CONTENT. THE SITE 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.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE SITE (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 THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF THE SITE 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 THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE SITE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, 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 THE SITE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You agree to defend, indemnify, and hold harmless NextAce, the Site, its officers, directors, shareholders, 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 the Site 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 Site. 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.
14. LINKS AND LINKING
15. APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and NextAce or its affiliates.
Any dispute relating in any way to your visit to the Site or to products and/or services you purchase through NextAce.com shall be submitted to confidential arbitration in Orange, California, except that, to the extent you have in any manner violated or threatened to violate NextAce’s intellectual property rights, NextAce may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
17. NO WAIVER
No waiver of the Site 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.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
19. COMPLETE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Site and the Site’s products and/or 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.
20. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all policies posted on this Site. These policies govern your visit to NextAce.com. We reserve the right to make changes to our Site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
21. CONTACT INFORMATION
We value your business and would like to ensure your satisfaction. If you have any questions about the Site’s products and/or services, please contact Customer Service at 714-953.9300. Hours of operation are Monday through Friday from 9:00am – 5:00pm PST. Additionally, you can fax your request to 714.953.9310.