Require Real Estate Solutions, LLC (“reQuire”)
This Website Standard Terms and Conditions of Service Agreement (these “Terms” or “Terms of Service Agreement”) contained on this webpage, shall govern your use of this website, including all pages withing this website (collectively referred to as this “Website”). Use of the reQuire Website, or use of any services provided by reQuire, or use of any documents provided by reQuire, constitutes agreement by you (the Closing Attorney, Settlement Agent, or Client), and each of your agents, directors, employees, managers, members, officers, and shareholders to the terms, conditions, and provisions set forth in this Terms of Service Agreement.
IMPORTANT NOTICE TO ANYONE USING THE SERVICES OR DOCUMENTS OF REQUIRE REAL ESTATE SOLUTIONS, LLC — PLEASE READ CAREFULLY
1. Definitions. When used in this Terms of Service Agreement, any reQuire Documents, the reQuire Website, and/or any and all other materials provided by reQuire, the following terms, when capitalized, shall, unless the context dictates a different meaning, have the meanings set forth in this Section:
1.1. “Business Entity” means a corporation, family limited partnership, general partnership, joint venture, limited liability company, limited partnership, limited liability partnership, trust, or any other entity of any type formed, incorporated, or organized by one or more Persons for some profitable or charitable purpose.
1.2. “Client” means any of the following:
1.2.1. A Person, Trust, or Business Entity who is participating in a closing as a Seller, Purchaser, or Borrower involving one or more pieces of real estate and for whom reQuire is providing Services (as defined below) and either has received compensation or will receive compensation for such Services; or,
1.2.2. A closing attorney, closing company, financial institution, lender, Person, private lender, Realtor, settlement agent, title agent, title insurance company, underwriter, or Business Entity that utilizes any Services.
1.3. “Defects” means:
1.3.1. Any discrepancies (from an originally recorded trust/mortgage document) of:
1.3.1.1. Recorded source information—Instrument Number/Book/Page/Volume;
1.3.1.2. Borrower’s/Obligor’s spelling of names;
1.3.1.3. Original loan amount, if listed;
1.3.1.4. Original document/recording date, if listed; and,
1.3.1.5. Property address, if listed.
1.3.2. If release was recorded in the wrong land records office.
1.4. “Document Services” means the preparation of closing documents to include but not limited to: Deeds, Assignments, Lien Releases, Substitutions of Trustee, Specific Powers of Attorney, Subordinations, and Deeds of Trust. Document Services do not include execution or recordation of the prepared document(s). Document Retrieval Services is limited to only documents recorded in land records.
1.5. “Dodd Frank” means the Federal Statute commonly referred to as The Dodd-Frank Wall Street Reform and Consumer Protection Act, as amended.
1.6. “GLBA” means the Federal Statute commonly referred to as the Gramm-Leach-Bliley Act, as amended.
1.7. “Non-Public Personal Information (NPI)” means personally identifiable information such as information provided to the Company on a form or application, information about a transaction, or any other information about a customer that is otherwise unavailable to the general public. Social Security Numbers, Driver License Numbers, and Financial Account Numbers are always considered NPI. NPI includes, but is not limited to, information defined as NPI under one or more of the following: Dodd Frank, the GLBA, RESPA, any applicable Federal Statute, or any applicable State Statute.
1.8. “Person” means one or more human beings.
1.9. “Recording Services” means recording documents in the land records independently or in conjunction with Services provided by reQuire. Governmental recording fees are not included within reQuire service fees.
1.10. “Release Tracking Services” means any of the Release Tracking product offerings, to include:
1.10.1. “Release Tracking” means the tracking of a lien release in conjunction with a closing on real estate. Release Tracking does not include any of the following: drafting of the lien release; execution of the lien release; recording of the lien release; review of any release for defects; or, commencement of any claim against any lender, mortgage company, or servicer should any of them fail or refuse to execute and record such lien release.
1.10.2. “Release Tracking Plus” means Services provided in conjunction with the Release Tracking, providing release tracking services for more than one (1) lien, review of any release document obtained for Defects, reporting to the Settlement Agent any Defects discovered or observed in a release document, requesting a corrective release document, and searching for the corrective release document at some specified point in time after the corrective release document has been requested. Release Tracking Plus will also provide You with access to a copy of the recorded lien release.
1.11. “reQuire” means reQuire Real Estate Solutions, LLC, a Delaware Limited Liability Company, and its successors or assigns.
1.12. “RESPA” means a Federal statute commonly known as the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq., as amended.
1.13. “Services” means any services (including, but not limited to, Release Tracking Services, Title Curative Services, Document Services, and/or Recording Services) of any type rendered by reQuire under any agreement or contract, express or implied, between a Client or Settlement Agent and reQuire.
1.14. “Settlement Agent” means a law firm, closing attorney, closing company, or settlement agent.
1.15. “Site” or “Website” means the website of reQuire, portal of reQuire, or documents on a reQuire website accessed through the use of the Internet.
1.16. “TCS” means Title Curative Services. The terms of service applicable to TCS files or orders shall control when reQuire provides title curative services to any Client or Settlement Agent. If there is a conflict between the TCS Terms of Service and the Standard Terms and Conditions of Service Agreement, the TCS Terms of Service shall control. TCS Terms of Service can be found below, after the conclusion of the Standard Terms and Conditions of Service Agreement.
1.17. “Terms of Service Agreement” or “Terms of Use” or “Terms of Use Agreement” means this document and any other documents incorporated by reference into it.
1.18. “You” or “Your” means a Client or Settlement Agent.
2. Agreement with Terms of Service Agreement.
2.1. You understand and agree as follows:
2.1.1. Any and all Services provided by reQuire to You are subject to this Terms of Service Agreement; and/or,
2.1.3. Any Borrower’s Authorization, contract, or agreement (express or implied) between reQuire and You is subject to this Terms of Service Agreement; and/or,
2.1.4. Any documents provided by reQuire to You are subject to this Terms of Service Agreement.
2.2. You agree to be bound to this Terms of Service Agreement by:
2.2.1. Using, signing, or executing a document provided by reQuire; or,
2.2.2. Using any of the Services.
3. Required Information Provided by Settlement Agent. To the maximum extent possible, when You place an order for any Service, You agree to provide reQuire with the following information:
3.1. For any Service provided by reQuire:
3.1.1. Your name, Your Business Entity’s legal name, and Your contact information, including, street address, telephone number, facsimile number, and e-mail address;
3.1.2. Names of any and all persons employed by You with access to Your account;
3.1.3. File number or escrow number for each order for Services that You place with reQuire;
3.1.4. Name of each person employed by You or Your Business Entity responsible for ordering or placing an order with reQuire for any Services;
3.1.5. Names and contact information for the person responsible for paying the fee for the Service ordered by You from reQuire;
3.1.6. Name and contact information for the bank, financial institution, lender, mortgage company, private lender, or servicing agent associated with the Service being provided by reQuire;
3.1.7. Information about the deed of trust, loan, mortgage, or note involved if such information is needed by reQuire to provide the Service ordered;
3.1.8. Address of the real estate involved in transaction, including legal description, if available; and,
3.1.9. Any additional information requested by reQuire on an individual file or order.
3.2. Information to be Supplied for Release Tracking Services:
3.2.1. All of the information described in Section 3.1 and its subsections of this Terms of Use Agreement, as applicable;
3.2.2. A Borrowers Authorization (previously referred to as an “Opt-In Agreement”) signed by the Person who is responsible for the fee to be paid to reQuire (with the exception of Florida where a Borrowers Authorization or Opt-In Agreement is not to be signed); and,
3.2.3. A copy of the Settlement Statement, HUD-1, Combined Disclosure form, or the equivalent document signed at the closing.
3.3. Information to be Supplied for TCS:
3.3.1. All of the information described in Section 3.1 and its subsections of this Terms of Use Agreement, as applicable;
3.3.2. A current copy of the title evidence with subject lien(s) and title defect clearly identified;
3.3.3 Copies of all pages of the recorded security instrument and any related recorded documents;
3.3.4 Additional supporting information such as proof of full payment, signed Borrower’s Authorization, loan numbers, and social security numbers will improve the success rate and turnaround time of obtaining curative documents, and may be required by some lenders.
3.4 Information to be Supplied for Document Services:
3.4.1. All of the information described in Section 3.1 and its subsections of this Terms of Use Agreement, as applicable;
3.4.2. A current copy of the title evidence;
3.4.3 A copy of the recorded source deed or lien document.
3.5 Information to be Supplied for Recording Services:
3.5.1. All of the information described in Section 3.1 and its subsections of this Terms of Use Agreement, as applicable;
3.5.2. A high-resolution digital copy of the executed document to be recorded, in addition to the original executed document;
3.5.3. Additional forms that the recording jurisdiction may require, including but not limited to any transfer of ownership forms, coversheets, etc.
4. Required Settlement Agent Actions.
4.1. Compliance with Laws. Settlement Agent shall comply with all Federal, State, and local statutes, laws, ordinances, rules, and regulations concerning or touching:
4.1.1. The disclosure, transmission, or use of NPI;
4.1.2. The use of any documents provided by reQuire to the Settlement Agent;
4.1.3. Entry into a contract or agreement between reQuire and Client;
4.1.4. Collection and payment of fees for Services rendered by reQuire for Settlement Agent and/or Client; and/or,
4.1.5. Referral of any Client to reQuire for any Services to be provided by reQuire to such Client.
4.2. Compliance with Dodd Frank, GLBA, and RESPA. In ordering Services from reQuire or referring Clients to reQuire, You represent and warrant that You have complied with all of the requirements of Dodd Frank, the GLBA, RESPA, any law or statute applicable to NPI, and/or any other applicable Federal, State, and/or local laws, statutes, rules, and/or regulations.
4.3. Collection and Payment of Fees. If the fee to be paid to reQuire is collected by a Settlement Agent at a closing on real estate, that Settlement Agent shall collect that fee from the Client and remit the fee to reQuire within Five (5) business days from and after the date on which the closing occurred. That Settlement Agent may remit payment to reQuire by mail or by wire transfer. If there is a dispute over a specific charge by reQuire for a Service, the Settlement Agent and/or Client disputing the charge shall promptly pay the remainder of the invoice and immediately notify reQuire, in writing, under separate cover of the reason the Settlement Agent and/or Client is disputing the charge. Should the Settlement Agent pay less than the full amount of any of the invoice or invoices issued by reQuire to or through that Settlement Agent, it is the Settlement Agent’s responsibility to identify the exact invoices that are being paid. If one or more invoices are not paid in full and Settlement Agent fails to identify the exact invoices to which partial payment relates, credits for payments will be applied first to the invoices that have been outstanding the longest. Settlement Agent may not set-off amounts on one invoice because of or as a result of a dispute concerning another invoice. As a Settlement Agent transmitting an order for Services to reQuire, that Settlement understands and agrees as follows:
4.3.1. The Settlement Agent is bound to the terms and conditions of payment for such Services as set forth in this Terms of Service Agreement (including, but not limited to, Section 4.4 of this Terms of Service Agreement); and,
4.3.2. Once the funds for the Services are collected from the Client at the closing, the Settlement Agent is acting as an escrow agent holding funds that are the property of reQuire.
4.4. Late Fees. Unless Settlement Agent has disputed an amount in the manner required above, all amounts not paid within thirty (30) calendar days of Settlement Agent’s of the earlier of the following two events: receipt of the funds to be paid to reQuire at a closing; or, receipt of each invoice, will be assessed a late charge of one percent (1.0%) per month or the maximum charge permitted by the law of the state of Delaware, whichever is less, until paid in full. The Settlement Agent, not the Client, is responsible for this interest. If reQuire is forced to bring an action (arbitration or litigation) arising out of a fee dispute under this Agreement and it prevails, reQuire shall be entitled to recover from the Settlement Agent holding the funds and/or Client (if no funds were collected from the Client at a closing) all reasonable costs and expenses of collection, including, but not limited to, actual arbitration and/or litigation costs (whether or not considered taxable by the court); actual costs reasonably related to the investigation and collection of the debt; and, reasonable attorneys’ fees.
4.5. Governmentally Imposed Fees. Client understands and agrees that any fee imposed by reQuire for a particular Service or preparation of a document will automatically increase should any governmental authority impose a charge on reQuire in connection with reQuire’s rendering of that Service or preparation of such document. Such increase will be in the amount necessary to cover, in full, any such governmentally-imposed charge and shall take effect as of the date such new government charge takes effect. The increased fee shall be the responsibility of the Settlement Agent regardless of whether it was collected by that Settlement Agent at the closing. Any State or local sales tax which may be owed due to the purchase of reQuire’s Services in any State will be the responsibility of the Settlement Agent to collect, report, and pay to the appropriate taxing authority.
5. Settlement Agent Acts as Fiduciary and Agent for Obligor. For purposes of ordering either Services or any reQuire Documents, Settlement Agent agrees to, and does, act as an agent for Client. Settlement Agent also agrees to abide by the terms contained within this Terms of Service Agreement for itself and on its Client’s behalf. Nothing contained in this Agreement shall supersede or otherwise modify or cancel any of the Settlement Agent’s duties, obligations, or performances, regardless of their origin (e.g., Statutory, Regulatory, or Contractual) associated with the issuance of a Title Policy or the conducting of the closing associated with an order of Services or any reQuire Documents.
6. reQuire is an Independent Agent. Settlement Agent acknowledges and agrees that reQuire is an independent agent acting on behalf of either the Settlement Agent or Client. Nothing contained in this Terms of Service Agreement or any other contract or agreement, express or implied, between reQuire and Settlement Agent or between reQuire and Client shall create an Employer/Employee relationship between reQuire and either Settlement Agent or Client. Neither Settlement Agent nor Client has any authority to bind reQuire to any agreement or contract.
7. reQuire Not Acting as Settlement Agent or Fiduciary. Settlement Agent acknowledges and agrees that reQuire is not acting in any capacity as a Settlement Agent or fiduciary with regard to the performance of the closing and/or the underwriting and issuance of any Title Policy associated with that closing.
8. Settlement Agent to Provide Accurate and Complete Information.
8.1. reQuire Justifiably Relies on Information from Settlement Agent or Client. Settlement Agent and Client each understands that reQuire justifiably relies on the information provided to it by Settlement Agent and/or Client in providing Services to such Settlement Agent and/or Client. By providing such information to reQuire, the Person or Business Entity providing the information warrants and represents that the information is accurate. Should the Person or Business Entity providing the information find that any of such information is false or inaccurate, it is his responsibility to notify reQuire, in writing, that the information supplied is false or inaccurate and detail what portion of the information provided is false or inaccurate.
8.2. Documents Prepared Using Information Provided by Settlement Agent or Client. Settlement Agent and Client each understands that all reQuire Documents ordered by Settlement Agent or Client are prepared by reQuire solely based on the information provided by Settlement Agent or Client. The information provided by Settlement Agent or Client is not independently verified by reQuire personnel, unless such verification is requested, in writing, by Settlement Agent or Client and the appropriate fee for that service accompanies the written request for verification.
8.3. reQuire Not Liable for Inaccuracies. Settlement Agent and Client each understands and agrees that reQuire is not liable for any inaccuracies in the information provided to it by Settlement Agent and/or Client. Settlement Agent and Client each also understands and agrees that reQuire is not liable for any inaccuracies in any of the reQuire Documents prepared by reQuire if the inaccuracies were the result of inaccurate information being provided to reQuire by a Settlement Agent and/or Client.
9. Indemnification.
9.1. Indemnification of reQuire by Settlement Agent. Settlement Agent agrees to indemnify, defend, and hold reQuire (and its directors, employees, members, officers, shareholders, or servants) harmless from and against any damages, costs, losses, and/or attorneys’ fees incurred by reQuire as a result of any of the following:
9.1.1. Any claim or threatened claim against reQuire arising out of or in connection with any act or omission of Settlement Agent or its directors, employees, members, officers, shareholders, or servants; and/or,
9.1.2. Any claim or threatened claim against reQuire arising out of or in connection with any breach by Settlement Agent of any of its duties, representations, or warranties as contained in this Terms of Service Agreement; and/or,
9.1.3. Any claim or threatened claim against reQuire arising out of or in connection with of any inaccurate information provided by Settlement Agent to reQuire; and/or,
9.1.4. Any claim or threatened claim against reQuire arising out of or in connection with the failure of Settlement Agent to comply with any of the following: Dodd Frank, the GLBA, RESPA, any Federal or State law applicable to NPS, or any other applicable Federal, State, or local statute, law, ordinance, rule, or regulation.
9.2. Indemnification of reQuire by Client. Client agrees to indemnify, defend, and hold reQuire (and its directors, employees, members, officers, shareholders, or servants) harmless from and against any damages, costs, losses, and/or attorneys’ fees incurred by reQuire as a result of any of the following:
9.2.1. Any claim or threatened claim against reQuire arising out of or in connection with any act or omission of Client or anyone acting on behalf of Client; and/or,
9.2.2. Any claim or threatened claim against reQuire arising out of or in connection with any breach by Client of any of its duties, representations, or warranties as contained in this Terms of Service Agreement; and/or,
9.2.3. Any claim or threatened claim against reQuire as a result of or in connection with inaccurate information provided to reQuire by Client or anyone acting on behalf of the Client; and/or,
9.2.4. If the closing involves a Home Equity Line of Credit (“HELOC”), any claim or threatened claim against reQuire resulting from the Client continuing to draw on the HELOC after the closing from which the funds were dispersed to pay that HELOC; and/or,
9.2.5. Any claim or threatened claim against reQuire as a result of or in connection with the failure of the Client or anyone acting on behalf of the Client to comply with any of the following: Dodd Frank, the GLBA, RESPA, any Federal or State law applicable to NPI, or any other applicable Federal, State, or local statute, law, ordinance, rule, or regulation.
9.3. Indemnification by reQuire. reQuire agrees to indemnify, defend, and hold Settlement Agent (and its directors, employees, members, officers, shareholders, or servants) and/or Client harmless from and against any damages, costs, losses, and/or attorneys’ fees incurred solely as a result of the acts or omissions of reQuire; however, reQuire will not indemnify, defend, and hold Settlement Agent or Client harmless from any claim based on a document being inaccurate if the claim, issue, or matter arose out of or was caused because Settlement Agent, Client, or someone acting on behalf of Settlement Agent or Client provided reQuire with inaccurate information that was used by reQuire in preparing the document in question.
10. Limitation of Liability.
10.1. No Independent Verification of Information by reQuire. In most cases, reQuire will not independently verify the information provided to it in rendering Services. Notwithstanding anything contained in this Terms of Service Agreement or any contract or agreement between reQuire and any Settlement Agent or between reQuire and any Client, reQuire is not required to, and shall not, indemnify, defend, or hold harmless the Settlement Agent, Client, or any other Person or Business Entity for any losses or claims based on the fact that the information provided to reQuire was inaccurate or that Services rendered based on that information is inaccurate or faulty.
10.2. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING CONTAINED IN THIS TERMS OF SERVICE AGREEMENT OR IN ANY AGREEMENT OR CONTRACT, EXPRESS OR IMPLIED, BETWEEN REQUIRE, LLC, AND EITHER SETTLEMENT AGENT OR CLIENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REQUIRE, LLC, BE LIABLE TO SETTLEMENT AGENT, CLIENT, OR ANY OTHER PERSON OR BUSINESS ENTITY FOR ANY COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, DIRECT DAMAGES, INDIRECT DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, BUSINESS PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF SERVICES, ANY DELAY IN REQUIRE, LLC, PROVIDING SERVICES, ANY DELAY IN THE TRANSMISSION OF DOCUMENTS TO CLIENT, SETTLEMENT AGENT, OR ANY OTHER PERSON OR BUSINESS ENTITY, INABILITY TO USE THE SERVICES, OR THE USE OF ANY DOCUMENTS PROVIDED TO SETTLEMENT AGENT, CLIENT, OR ANY OTHER PERSON OR BUSINESS ENTITY BY REQUIRE, LLC, EITHER DIRECTLY OR THROUGH THE WEBSITE (COLLECTIVELY “LOSSES”), EVEN IF SETTLEMENT AGENT, CLIENT, AND/OR ANY PERSON OR BUSINESS ENTITY ADVISED A REPRESENTATIVE OF REQUIRE, LLC, OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARE SUFFERED BY SETTLEMENT AGENT, CLIENT, OR ANY OTHER PERSON OR BUSINESS ENTITY. ANY SUCH DAMAGES OR LOSSES ARE LIMITED TO THE AMOUNT OF MONEY PAID TO REQUIRE, LLC, FOR THE INDIVIDUAL SERVICE THAT GIVES RISE TO THE LOSSES, DAMAGES, OR COSTS.
10.3. LIMITATION OF LABILITY—SAVINGS CLAUSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME SETTLEMENT AGENTS, CLIENTS, AND/OR OTHER PERSONS OR BUSINESS ENTITIES. IN ANY JURISDICTION WHERE THE EXCLUSION OF LIMITATIONS ON THE TYPE AND/OR AMOUNT OF LOSSES DO NOT APPLY, REQUIRE, LLC’S LIABILITY FOR LOSSES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THAT JURISDICTION’S APPLICABLE LAW. IN OTHER WORDS, THE LIABILITY OF REQUIRE, LLC, UNDER THAT LAW SHALL BE THE MINIMUM AMOUNT OF LIABILITY FOR WHICH THAT LAW PROVIDES.
10.4. Fair Allocation of Risk. Settlement Agent and Client each agrees that the foregoing limitation on damages (Sections 10.2 and 10.3 of this Terms of Service Agreement) represents a fair allocation of risk under this Agreement and is a material inducement for reQuire to enter into this Terms of Service Agreement and any other agreement or contract into which this Terms of Service Agreement is incorporated by reference.
10.5. No Modification of Section 10. No employee or agent of reQuire (other than reQuire’s President/CEO) has the authority to modify this Section 10 and its subsections. This Section 10 and its subsections may be modified or amended only in one of the following ways: by an upload by reQuire to its website of a new or amended version of this Terms of Service Agreement (which shall be considered to be authorized by reQuire’s President/CEO); or, by a written document that is signed by both the President/CEO of reQuire and the applicable Client or Settlement Agent.
10.6. Possible Delays in Transmission of Information. reQuire makes no representation, warranty, or guaranty that information submitted to it through the Website, any application that it might develop, or via email will be communicated, directed to, or received by, reQuire in a timely manner. As with all Internet communications (including, but not limited to, emails), there is a risk that the communication will either be delayed in transmission or not received at all by reQuire. It is the responsibility of Settlement Agent or Client to verify that reQuire has received the information and is processing, compiling, or in the process of providing the Services or reQuire Documents requested in such communications from such Settlement Agent or Client.
11. Severability. This Terms of Service Agreement and the rights and obligations under this Terms of Service Agreement may not be assigned or delegated by Settlement Agent and/or Client, in whole or part, whether voluntarily, by operation of law, change of control or otherwise, without the prior written consent of reQuire. Such consent shall not be unreasonably withheld. Subject to the foregoing, this Terms of Service Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. If any of the provisions of this Terms of Service Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Terms of Service Agreement shall remain in full force and effect. The intent of the parties is that this Terms of Service Agreement shall be reformed to the extent necessary to make such provision valid and enforceable.
12. Amendment. Any amendment or modification of any provision of this Terms of Service Agreement shall be effective when uploaded by reQuire to the Website or upon execution of a written amendment by and between a Settlement Agent or Client and reQuire provided such written amendment is signed by both an authorized representative of the Settlement Agent or Client and the President/CEO of reQuire. reQuire shall not be required to provide any prior notice to any Client or Settlement Agent prior to, or after, such amendment or modification which occurs because of any upload to the reQuire Website. Additionally, reQuire shall not be required to provide any Business Entity, Client, Person, or Settlement Agent with any notice of any such amendment or modification and the amendment or modification shall be effective when the upload to the reQuire Website is completed.
13. Waiver. The waiver by any party of a default under any provision of this Terms of Service Agreement shall not be construed as a waiver of any subsequent default under the same or any other provision of this Terms of Service Agreement, nor shall any delay or omission on the part of any party to exercise or avail itself of any right or remedy that it has or may have under this Terms of Service Agreement operate as a waiver of any right or remedy.
14. Governing Law, Venue, and Notice of Claim.
14.1. Governing Law. This Terms of Service Agreement shall be governed by and construed in accordance with the laws of Delaware, United States of America, without reference to its conflicts of laws provisions.
14.2. Venue. The parties expressly agree that any action arising out of or relating to this Terms of Service Agreement or any contract or agreement in which this Terms of Service Agreement is incorporated shall be filed and maintained only in the State court of general jurisdiction located in the county or city where the defendant’s principal place of business is located. The venue shall not alter the governing law that is applicable as stated in Section 14.1 of this Terms of Service Agreement.
14.3. Notice of Claim.
14.3.1. Definition of “Claim”. As used in this Section 11, “Claim” shall mean any claim or cause of action that:
14.3.2. Arises out of any Service provided by reQuire;
14.3.3. Arises out of the use of any document provided by reQuire;
14.3.4. Arises out of any filing or recording attempted or completed by reQuire;
14.3.5. Involves the construction or interpretation of any contract or agreement between reQuire and any Business Entity or Person;
14.3.6. Involves the construction or interpretation of a Borrowers’ Authorization or Opt-In Agreement;
14.3.7. Asserts a claim under Dodd Frank, GLBA, or RESPA;
14.3.8. Asserts a claim arises under Federal, State, or local law, statute, rule, or regulation;
14.3.9. Asserts a claim based in contract, quasi-contract, or tort; or,
14.3.10. Touches on or concerns any section, term, or provision of this Terms of Service Agreement or any contract or agreement to which reQuire is a party.
14.3.11. Any Business Entity or Person who intends to bring any Claim against reQuire shall provide written notice of such Claim to reQuire prior to the commencement of any such claim.
14.3.12. No Claim may be brought against reQuire until thirty (30) days from and after the date on which reQuire receives notice of such claim or intent to bring a claim (“Notice of Intent to Bring Claim”). Such notice is a condition precedent to the commencement of any such claim.
14.4. Notice of Intent to Bring Claim. The Notice of Intent to Bring Claim must set forth the following:
14.4.1. The date of the Service giving rise to the claim;
14.4.2. The Section numbers of this Terms of Service Agreement applicable to the Claim, if any;
14.4.3. The name and contact information of the Client for whom the Service was rendered;
14.4.4. A detailed description of the Claim (including the exact laws or statutes that the claimant believes may have been violated) and the facts surrounding the alleged Claim; and,
14.4.5. A reasonable estimate of the amount of monetary damages sustained by the Business Entity or Person who intends to bring the Claim against reQuire.
14.4.6. Statute of Limitations. Any Claim must be brought against reQuire within one (1) year from and after the date of the Service giving rise to the claim. If the Claim involves filing or recording, the Claim must be brought within one (1) year of the date on which the filing or recording occurred. If the claim involves the use of a document provided by reQuire, the Claim must be brought within one (1) year of the date on which the claimant used the document giving rise to the Claim. If none of these are applicable, the Claim must be brought, at the latest, one (1) year from and after the date of the last service rendered by reQuire for or on behalf of the claimant.
15. Survival of Terms of Service Agreement. The conditions, terms and provisions of this Terms of Service Agreement shall survive the termination of any contract or agreement between reQuire and either Settlement Agent or Client into which this Terms of Service Agreement is incorporated by reference.
16. Construction and Interpretation. Whenever the singular number is used in this Terms of Service Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. This Terms of Service Agreement shall not be construed or interpreted for or against a party to this Agreement merely because that party or that party’s legal representative drafted this Agreement.
17. Notice to reQuire. Any notice to reQuire required or permitted by any contract or agreement between reQuire and either Settlement Agent or Client, including under this Terms of Service Agreement, must be provided by a delivery method that requires a signature to effectuate delivery and delivered to: President/CEO, Covius Services, LLC, at the address of reQuire as listed on its website found at gorequire.com; and, General Counsel, Covius Services, LLC, at the address of reQuire as listed on its website found at gorequire.com. No such notice is effective unless and until received by reQuire.
18. Conflict of Documents. If this Terms of Service Agreement is incorporated by reference into an agreement or contract between reQuire and any other Person or Business Entity, the documents shall, to the maximum extent possible, be read to be consistent with each other. Should there be an unavoidable conflict between any language in that contract or agreement and this Terms of Service Agreement, the language, terms, and provisions of that contract or agreement shall control.
19. Survival. The terms and provisions of this Terms of Service Agreement shall survive the termination of any business dealing, agreement, or contract by or between any Settlement Agent or Client and reQuire. The terms and provisions of this Terms of Service Agreement shall also survive the culmination of any Service provided by reQuire to any such Settlement Agent or Client.
20. Headings of Sections. The headings of the sections or paragraphs of this Terms of Service Agreement are for convenience only and are not to be used in the construction or interpretation of this Terms of Service Agreement.
21. Entire Agreement. This Terms of Service Agreement along with any contract or agreement in which this Terms of Service Agreement is incorporated, if any, constitute the entire agreement concerning Services rendered by and documents provided by reQuire. Settlement Agent shall have no authority to modify any term or provision of this Terms of Service Agreement. This Terms of Service Agreement may be modified only by an upload by reQuire of a new or amended version of this Terms of Service Agreement to the reQuire Website; or, by a writing authorized by or signed by the President/CEO of reQuire and an authorized representative of the Settlement Agent or Client to which the amendment is applicable. Should a new version be uploaded to the Website, the new version was authorized by the President/CEO of reQuire and shall be considered to be a modification authorized by the President/CEO of reQuire.
22. Intellectual Property Rights. Other than content you own, which you may opted to include when utilizing this Website, under these Terms, reQuire and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and utilizing the Services.
TITLE CURATIVE SERVICES
Terms & Conditions
reQuire Real Estate Solutions, LLC (“reQuire”) provides Title Curative Services (“TCS”) on a per lien basis. Title Curative Services include but are not limited to the following: identification of the proper party to execute a release of lien or assignment; contacting the responsible party; requesting for signature on the lien release or assignment; processing documents; and the delivery of the fully executed instrument to the person or entity who placed the TCS order. If a lien payoff is requested, a valid borrower’s authorization will be required.
NOTE: By submitting a TCS Order, you agree to cease all curative actions (by submitter or other third parties) and acknowledge that a successful resolution of the file was due to the efforts of reQuire Real Estate Solutions. Request for refunds will NOT be accepted.
Upon receipt of an order and required documentation, reQuire will research the lien. Once the order is accepted, fees are due prior to beginning curative work. We will provide an Order Item number so the requestor can track the file’s progress at request.gorequire.com. For all orders, we will strive to obtain the appropriate document(s) within 90 business days from the date we accept the order; however, completion times vary and are often dependent upon the lender.
If we receive an original document, or a copy of the executed document that has been sent for recording, we will send to you an email notification with a copy of the document. Original documents will be mailed by USPS to the address on record for the account unless otherwise requested. A trackable courier label may be requested for an additional fee. If the original document is misplaced after being sent from reQuire, additional fees may be required to obtain a duplicate document.
If we are unable to obtain the requested curative document(s), reQuire will issue a Closure Report containing a list of actions performed and contact information for the identified authorized representative, which will be needed for Quiet Title legal action to clear the title defect. Fee for the Closure Report will be assessed, and any remainder of the service fee paid will be refunded.