DISPUTES ABOUT THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
1. Acceptance of the Terms of Use
These Terms of Use are entered into by and between You and Settlor, Inc. (“Settlor,” “we,” “us,” or “our”). The following terms and conditions (“Terms of Use”) govern your access to and use of settlor.com, including any content, functionality and services offered on or through associated URLs (collectively, the “Site”), whether as a customer, customer agent, guest, or a user and whether you obtain access individually or through your association with a company that is our customer and facilitates you access.
Please read the Terms of Use carefully before you start to use the Site. By using the Site by clicking a box indicating your acceptance or using the Site, you accept and agree to be bound and abide by these Terms of Use and consent to the use of your data as set forth in our Privacy Notice, found at <https://settlor.com/privacy-notice> (the “Privacy Notice”), which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Notice, you must not access or use the Site.
If you are accessing this Site as the employee of an organization that has a separate written agreement with Settlor, the terms of that written agreement may also impose other obligations and give Settlor certain rights with respect to your use of the Site. To the extent that there is a conflict between this Agreement and such separate written agreement, the other agreement will control only to the extent of such conflict.
Your agreement to these Terms of Use binds you individually as well any organization on whose behalf you are accepting or otherwise agreeing to these Terms of Use.
2. Eligibility. This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Settlor and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
3. Changes to these Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
4. Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or all of the Site, to some or all users.
You are responsible for (i) making all arrangements necessary for you to have access to the Site; and (ii) ensuring that all persons who access the Site on your behalf are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register for access to the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice and all actions otherwise permitted by law.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We retain right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including but not limited to a situation in which we determine, in our sole discretion, that you have violated any provision of these Terms of Use or engage in conduct that is otherwise inconsistent with continued access, provided such termination is in accordance with law.[1]
You acknowledge and agree that Settlor may in its sole discretion deny you access through Settlor to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Settlor, and Settlor shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
5. Intellectual Property Rights. Settlor is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Site, and is the copyright owner or licensee of the content and/or information on this Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Use, for any purpose. Settlor does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site.
The Site enables you to upload, view, transfer, and sign real estate closing documents and other information relating to real estate transactions. Some of this information will identify you or enable you to be identified and as such constitutes personal data or personal information as defined by applicable law. Subject to these Terms of Use, you grant us a non-exclusive, sublicensable, transferable, irrevocable and royalty-free license to store, access, reproduce, distribute, and otherwise use and display your content, including personal information, and perform all acts with respect to your personal information as may be necessary or appropriate for us to provide the Site and support use of the Site by our customers and by you and other users. This includes the right to collect and create information regarding your use of the Site which may include personal information to support use of the Site by our customers and by you. We also may create and distribute reports and statistical and performance information related to the provision and operation of features of our Site.
You acknowledge and agree that Settlor has the right but not the obligation to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or its customers, or to improve its products and services. Settlor reserves the right to refuse to permit the posting or upload of any information or materials, in whole or in part, that, in
its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use or for any other reason.
Settlor is free to use, disclose, and distribute any suggestions, ideas, concepts, know-how or techniques you submit to us or transmit through the Site (“Feedback”) for any purpose including, but not limited to, developing and marketing products without compensation or obligation to you. Such Feedback will be treated as non-confidential and non-proprietary to you and by submitting Feedback to us, you transfer all of your right, title, and interest in such Feedback to us.
6. User Responsibilities.
In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration page, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) consent to uses of your information consistent with our <https://settlor.com/privacy-notice> and all applicable laws.
YOU ALSO UNDERSTAND YOUR DIGITAL SIGNATURE IS LEGALLY BINDING AND ANY DOCUMENTS YOU SIGN ON THE SETTLOR PLATFORM ARE LEGALLY BINDING DOCUMENTS. YOU WILL BE RESPONSIBLE FOR THE OBLIGATIONS OR COMMITMENTS MADE IN ANY DOCUMENTS YOU SIGN ON THE SITE.
DO NOT SIGN ANY DOCUMENTS WITHOUT CAREFULLY READING AND UNDERSTANDING YOUR RIGHTS AND OBLIGATIONS. YOU ARE URGED TO CONSULT LEGAL COUNSEL.
YOU AGREE SETTLOR MAY DISCLOSE INFORMATION PERTAINING TO THE ENFORCEABILITY OR VALIDITY OF YOUR SIGNATURE IF CALLED UPON TO PROVIDE EVIDENCE, WHICH MAY INCLUDE INTERNET RECORDS, HISTORY, AND TRACKING INFORMATION. YOU SHOULD NOT SIGN ANYTHING, DIGITALLY OR OTHERWISE, WHICH YOU DO NOT INTEND TO HONOR OR DO NOT EXPECT TO BE ENFORCED AGAINST YOU.
If any information provided by you is untrue, inaccurate, not current, or incomplete, Settlor has the right to terminate your account and refuse any and all current or future use of the Site.
You must not take, and shall cause all of your agents or representatives not to take, any of the following actions:
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Settlor) or engage in spamming or flooding;
- Post or transmit via the Site any information or code which contains a virus, trojan horse, worm or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining our permission or the permission of the copyright owner or rightholder;
- Use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws; or
- Use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
7. Disclaimer of Warranties.
By using our Site, including any applets, services, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, SETTLOR DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
8. Indemnification.
You agree to defend, indemnify, and hold harmless Settlor, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of the Site, including your placement or transmission of any message, information (including Personal Information), software, or other materials through the Site by you or users of your account, (c) your violation of any applicable laws, statutes, ordinances, and/or regulations, including the failure to provide adequate notice to and obtain consent from persons regarding the use, processing, and/or sharing of personal data, or (d) your use of the electronic signature functionality of the Site, including without limitation, the sufficiency or enforceability of an electronic signature.
9. Limitation of Liability.
In addition, you understand and agree that Settlor is not a party to any real estate transactions. THEREFORE, SETTLOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION PROVIDED BY, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN, OR AMONG USERS THROUGH THE SITE.
You are responsible for how you use the Site, and for exercising sound judgment when entering into property transactions. IN THE EVENT THAT YOU HAVE A DISPUTE REGARDING A REAL ESTATE TRANSACTION, YOU AGREE TO HOLD HARMLESS AND RELEASE SETTLOR FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
NEITHER SETTLOR NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE , HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY UPON WHICH SUCH DAMAGES ARE SOUGHT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF SETTLOR, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SITE, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO $100.00.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
10. Links From and To This Site.
You acknowledge and agree that Settlor has no responsibility for the accuracy or availability of information provided by other parties, including other customers or users. We have no responsibility for information on third-party websites or applications linked to or available from our Site (“Third-Party Sites”). Links to Third-Party Sites or any provision of access to or integrations with Third-Party Sites do not constitute an endorsement by Settlor of the sponsors of such Third-Party Sites or the content, products, advertising or other materials presented on such Third-Party Sites. The use of a Third-Party Site or any information or other content found on Third-Party Sites is subject to and governed by the terms and conditions of such Third-Party Sites. We encourage you to review the terms and privacy notices posted on such Third-Party Sites.
11. Miscellaneous
Electronic Signatures. If you choose to use the electronic signature functionality of Settlor, you understand, acknowledge and agree that you have carefully reviewed the following disclosure:
By registering for the Site or using the electronic signature function, I am agreeing to sign documents electronically. I agree that my electronic signature is the legal equivalent of my manual/handwritten signature on any document and that my signature evidences my intent to be legally bound by the terms and conditions of the applicable document(s). I further agree that my signature is as valid as if I signed the document on paper.
I may decline to electronically sign this document and withdraw my consent to sign this document electronically prior to signing by contacting the signature requestor directly, which may delay transactions. I may contact the signature requestor separately to request to sign this document on paper or to receive a paper copy of the signed document. Any fees for such paper copy may be charged then by the signature requestor.
I understand there may be required hardware and software requirements and cookies required to use the e-signature functionality, including those below:
■ Operating Systems and Browser: Device enabled with Mac OS, Linux, Windows, Android or iOS and browser that supports HTML5
■ Email: Any valid email account
■ Security Settings: Must allow per-session cookies
I understand that the electronically stored copy of my signature, any written instruction or authorization, and any other document to which I have indicated my agreement via the Settlor platform is considered to be the true, accurate, and complete record, legally enforceable in any proceeding to the same extent as if such record were originally generated and maintained in paper or printed form. I agree not to contest the admissibility or enforceability of the electronically stored copy of such document and any other documents signed by me.
By registering for the Services, I have read, understood, and agree to the foregoing disclosure and voluntarily give my consent to use and be legally bound by my electronic signature.
Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability. No waiver of by Settlor of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Settlor to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION 12 ONLY APPLIES WHERE YOU EITHER RESIDE WITHIN, OR ACCESS OUR SERVICES FROM, THE UNITED STATES OF AMERICA. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Application. You and Settlor agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 12 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms of Use. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@settlor.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Settlor, and good faith attempts at negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of Settlor shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use including but not limited to any claim that all or any part of these Terms of Use is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Settlor will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Settlor will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own legal fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SETTLOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at info@settlor.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty days of your first use of the Site. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs If you opt out of these arbitration provisions, Settlor also will not be bound by them.
Changes to This Section: Settlor will provide thirty (30) days’ notice of any changes to this section by posting on the Site. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section will apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Site.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Site.
13. Comments and Questions
This Site is operated by Settlor, Inc. You may write to us at info@settlor.com with any comments or questions regarding these Terms of Use or the Site.
Last updated July 2023
