RealtyPact Terms & Conditions
WHO WE ARE
RealtyPact is a trade name of Standard Legal Network, Ltd., an Ohio limited liability company. You, the customer, are purchasing products and services from Standard Legal Network, Ltd., doing business as RealtyPact. All references to RealtyPact in these Terms and Conditions, as well as on the website, or any other document, advertisement or literature (whether paper, electronic, or otherwise) are to Standard Legal Network, Ltd., an Ohio limited liability company.
HOW THESE TERMS APPLY TO YOU
The following Terms & Conditions apply to your purchase and use of any RealtyPact product or service. As used in these terms and conditions, “you” or “your” refers to the person who purchased, used or received benefits from the RealtyPact products or services, as well as that person’s heirs, assigns and/or representatives of any and every kind. You can be a Buyer or a Seller in a Real Estate Purchase Agreement or transaction.
By purchasing or using any RealtyPact product or service, or participating in any transaction involving the use of any RealtyPact product or service, you are verifying your agreement to these Terms and Conditions. You agree that you shall hold RealtyPact harmless from any real estate transaction or any and all claims or damages (whether foreseeable or not foreseeable) that may arise in any way from the use of any product or services so purchased. You also agree not to bring any legal action, claim or arbitration, nor to assert any cause of action in any court, tribunal or administrative agency, against RealtyPact as a result of the purchase or use of any product or service produced or provided on the Web Site.
NO LEGAL OR FINANCIAL ADVICE IS PROVIDED IN ANY WAY
The information and documentation available from the Web Site are not substitutes for legal advice of an attorney who is a member of the bar of the state where you live or where the property that is the subject of the transaction is located. The information and documentation is not financial advice or a substitute for financial advice from a licensed adviser. The documents and services offered for sale by RealtyPact, whether through the Web Site or through other authorized distributors or any other source, are sold with the understanding that RealtyPact is not engaged in rendering legal or financial advice. No document offered for sale, nor any other information contained on the Web Site or in the documents or elsewhere, is intended to constitute legal, financial or other professional advice, and you should not rely solely on the services and/or documents, nor any other information contained on the Web Site, for making legal or financial decisions. You should consult with an attorney or financial adviser for specific advice tailored to your situation.
DOCUMENT PREPARATION
By and through your purchase, you are requesting that RealtyPact compile standard real estate transaction documents that you create with information that you provide. You understand that RealtyPact has or makes no input, suggestion, proposal or analysis of the information that you provide, other than reviewing the same for grammar, clarity and other formatting reasons or issues. You agree and understand that the RealtyPact service is a document assembly process only, for or into which you provide information to RealtyPact to be included or inserted into standard real estate transaction documents. You are purchasing from RealtyPact a product in the form of a template of a real estate transaction document that was created by licensed attorneys and for which you are requesting that RealtyPact insert the information or data that you provide – you are not purchasing any legal service or legal advice. The documents provided by RealtyPact may not, in some cases, be suitable for your use, especially where any particular transaction will require the documents to be amended or altered.
Again, RealtyPact does not offer legal advice and is not a law firm or law practice. The information provided by RealtyPact on its Web Site is similar to that provided by self-help law books and forms offered for sale through retail outlets. You understand that your situation may be unique, and that the information contained on the RealtyPact Web Site may not fit your particular circumstances, in which case seeking the advice of an attorney would be advisable.
You assume all responsibilities with respect to any or all information provided to RealtyPact, any decisions made concerning the documents provided by RealtyPact, or from the use of any form or document provided by RealtyPact. You understand that RealtyPact is not acting as your attorney in any way and that no attorney-client privilege is created by this relationship. You must decide whether the documents provided by RealtyPact meet your unique situation and circumstance.
You acknowledge and agree that you must, in order for RealtyPact to complete your documents, provide RealtyPact with all relevant information necessary to accomplish that purpose, as the same is requested by RealtyPact via its questionnaire or otherwise. You understand and acknowledge that RealtyPact shall not be obligated to prepare any document so purchased when you have failed, or are not able, to provide the necessary and required information to RealtyPact to accomplish this task. Should you fail or be unable to provide RealtyPact with any or all relevant and necessary information to permit RealtyPact to completely and accurately prepare the document so purchased, RealtyPact shall not be obligated to issue or provide you with any refund or reimbursement. It is your sole and exclusive obligation to provide the appropriate and necessary information to RealtyPact.
REALTYPACT DOES NOT HAVE OR ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF THE DOCUMENTS THAT YOU CREATE, EXCEPT TO THE EXTENT THAT THE INFORMATION THAT YOU PROVIDE IS ACCURATELY INSERTED INTO THE REAL ESTATE TRANSACTION DOCUMENT TEMPLATE. YOU ALONE ARE RESPONSIBLE FOR UNDERSTANDING THE RESULTS AND CONSEQUENCES OF THE INFORMATION AND DATA PROVIDED TO REALTYPACT FOR INCLUSION INTO THE DOCUMENTS. REALTYPACT SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY OF THE FOLLOWING: LOSS OR DAMAGE WHICH CONSISTS OF OR INCLUDES ANY EXPENDITURE, INDIRECT LOSS, LOSS OF PROFITS OR ANTICIPATED PROFITS OR GAINS OF ANY DESCRIPTION OR LOSS OF BUSINESS. IF A COURT OR ANY OTHER BODY HAVING THE POWER TO RULE ON DISPUTES DECIDES THAT ANY PART OF THIS DISCLAIMER IS NOT REASONABLE OR CANNOT BE ENFORCED FOR ANY REASON, THAT DECISION WILL NOT AFFECT THE VALIDITY OF THE OTHER PARTS OF THIS DISCLAIMER WHICH WILL CONTINUE TO BE IN FULL FORCE AND EFFECT.
OPTIONAL PRODUCTS AVAILABLE FOR PURCHASE
You understand that RealtyPact makes available to you certain optional products and services that are provided by third parties (for example, but not limited to, title and/or escrow services). These optional products and services are provided directly to you by the third party provider, and are not being sold to you by RealtyPact. You may choose to purchase these optional services, but you are not required to do so. Any such optional products or services that you wish to purchase must and shall be purchased directly from the third party provider. The price for any optional product or service you purchase must be paid for directly to the third party provider. RealtyPact makes no representation or warranty of any kind with regard to the optional products or services that you purchase from the third party sources. If any representation or warranty exists regarding these optional products, the same must come from the actual provider of such optional third party product or service. RealtyPact is merely providing you with possible references, materials, services or referrals source that you can evaluate and choose to purchase, the use of which is not mandatory for the purchase of RealtyPact products or services.
Because of the type and nature of the products and services offered, RealtyPact reserves the right to refuse to sell product or provide service to anyone, at its own discretion.
DISCLAIMER AS TO WARRANTIES
RealtyPact makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the its Web Site/services for any purpose. All such information, software, products, services and related graphics are provided “AS IS” without warranty of any kind. REALTYPACT HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL REALTYPACT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, MONETARY DAMAGES, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED FOR SALE ON THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALTYPACT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE DAMAGES AVAILABLE TO YOU ARE LIMITED TO THE REFUND OF THE PURCHASE PRICE PAID FOR THE SAME.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and RealtyPact with respect to the documents or services that you purchased and it supersedes any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RealtyPact with respect to the documents and services you purchased. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GUARANTEE OF DOCUMENT FORMATTING, CONTENT AND USABILITY
If any RealtyPact document or form you purchase is not accepted by the appropriate recorder, records office, agency, governmental entity, etc. because:
1) Improper information is contained on the document or form, or required information is absent from such document or form (provided “improper information” and “required information” does not include any information supplied by you or which you failed to provide to RealtyPact as requested, and/or that you have not made any modification to any standard document we provided); or
2) RealtyPact has improperly or inappropriately formatted any such document or form;
then RealtyPact will make any changes requested by the recorder, records office, agency, governmental entity, etc., without charge to you within two (2) full business days of the receipt of notice and verification of the rejection of the document or form. If within that two (2) full business day period, RealtyPact does not provide a revised and corrected form or document to you that is suitable for acceptance for filing by the appropriate recorder, records office, agency, governmental entity, etc., then a refund will be issued to the purchaser of the RealtyPact product for the full purchase price paid.
Verification of denial or rejection of any RealtyPact document form by any recorder, records office, agency, governmental entity, etc. may be required by RealtyPact, and the customer must provide such verification prior to the start of the two (2) full business day period described above. RealtyPact may, in its sole discretion, waive your requirement to provide verification of the denial or rejection of the document or form.
This guarantee is limited to issues or problems with the document or form purchased by you from RealtyPact. This guarantee does NOT apply to a rejection or denial of any filing resulting (either directly or indirectly) from information or data supplied by you (or any other source) or your failure to provide RealtyPact with any required information required to be included on or in the document or form that is submitted for filing. RealtyPact is not and cannot be responsible for the information provided on the document or form by you or any third party, and this guarantee shall not require RealtyPact to make any adjustments, corrections, suggestions or submissions of any kind for or on your behalf as the same pertains to the document or form prepared and submitted for filing if the rejection is based on information that you provided or failed to provide as requested.
Further, you are solely and exclusively responsible for any fees, charges or costs of filing the document that you purchased, and for complying with any local filing requirements or standards. The RealtyPact guarantee does not cover rejection or denial of filing for any of these reasons.
No other guarantees or warranties of any kind are issued by RealtyPact with regard to the forms or documents you purchased. This guarantee automatically terminates and is of no force and effect should you in any way alter, modify, amend, add to, delete information from or in any other way revise any part or portion of any form or document prior to submitting the same for filing with any recorder, records office, agency, governmental entity, etc. Further, this guarantee is effective for a period of ninety (90) days following your purchase.
RETURNS AND REFUNDS POLICY
Because the products and services sold by RealtyPact are unique and customized to your specifications, no returns can or will be accepted and no refunds will be granted under any circumstance once the legal documents are created. You understand and agree that once any document is created using your information, all purchases are considered final purchases for which absolutely no refunds will be given or provided, regardless of the nature of the request.
Any requests for a refund of the purchase price made prior to the time that RealtyPact begins the preparation of any document for you may be considered by RealtyPact. Any refund request that is granted in the sole discretion of RealtyPact shall be subject to a ten percent (10%) administrative and processing fee.
Further, you agree and acknowledges that you shall be solely responsible for and shall bear (and/or reimburse RealtyPact for) any charge back fees issued or assessed to RealtyPact by or from any credit card company, merchant service or other source of payment that is initiated at your request. Stated another way, should you request a refund or charge back from any credit card company, merchant service or other source of payment on the purchase of RealtyPact product or service, and should said card company, merchant or other source thereafter impose any fee or amount to RealtyPact at your request for or as a result of your actions, you shall reimburse RealtyPact for the refund amount plus the charge back fee or amount so imposed by the credit card company, merchant or other source.
By purchasing any product or service from RealtyPact, you expressly authorize RealtyPact to direct a payment/charge to made to your credit card account (the same being the credit card account used in the initial purchase of said software/product) in the amount of the refund and charge back fee (or amount charged to RealtyPact for such refund) plus a ten percent (10%) administrative fee.
COPYRIGHT OWNERSHIP
The services provided and documents sold to you have been produced by RealtyPact and are protected by international copyright and trademark laws. RealtyPact retains all rights and interests in this intellectual property. RealtyPact grants you a personal, non-transferable and non-exclusive right and license to use any document purchased (and fully paid for) from the RealtyPact.com web site (the “Web Site”) or any other authorized source or location. However, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, transfer, or distribute in any way any software or document(s) that you have purchased from RealtyPact. You may download and use the purchased documents so long as that use is for non-commercial purposes, and provided that you keep intact all copyright and other proprietary notices.
PRICES, CHARGES, AND PAYMENTS
All prices are in U.S. Dollars. All credit card charges must be paid in U.S. dollars; mailed payments must be sent in the form of U.S. money order, international money order, or check. All international money orders must be drawn from U.S. funds. RealtyPact reserves the right to change the prices of products and services sold on this Web Site at any time.
RETURNED PAYMENTS AND CHARGE BACKS
Any checks being returned due to insufficient funds or any other reason will be submitted for collection immediately. Each returned check will result in a twenty-five dollar ($25.00) service charge to you.
INTERNATIONAL DUTIES/TAXES
While the online shopping systems are set up so as to only accept orders from customers residing in the United States of America, RealtyPact is not responsible for any duties or value-added taxes that may be assessed by your local Customs office.
CUSTOMER DATA AND PRIVACY
During the transaction process, your contact information and purchase records are collected by our systems. RealtyPact reserves the right to send relevant offers to you via email and postal mail using this contact data.
DISCLOSURE OF INFORMATION AND SECURITY
Unless stated otherwise in the company’s privacy policy, RealtyPact will not provide any personally identifying information to any third party without your consent (which consent may be obtained electronically via e-mail or form fill in on the Web Site); provided however that you are advised that in the event RealtyPact determines in its reasonable discretion that disclosure of personal identifying information is necessary to comply with any law, rule order, subpoena, civil investigative request or demand, discovery request or any other legal requirement, RealtyPact may disclose your personally identifying information to comply with such request, and it may be disclosed without prior notice to you. RealtyPact agrees to take reasonable efforts to protect your personally identifying information in the event of such disclosure, provided however, that you agree that RealtyPact shall not be liable to you for any claim by you that RealtyPact failed to exercise reasonable care in protecting your personally identifying information. You also acknowledges that, despite efforts of RealtyPact to keep your personal information secure, information exchanged via the internet is can be compromised and third parties may attempt to connect to or intercept information from RealtyPact’s computer systems, and that despite RealtyPact’s efforts to prevent such occurrence, such third persons may be able to obtain copies of your personally identifying information. You agree that RealtyPact is not responsible to you for any inadvertent disclosure or unauthorized access by any third party of you personally identifying information.
