Terms and Conditions

Terms of Service

Foundation Escrow Company, Inc. is an independent escrow company licensed by the California Department of Corporations, license number 963 1973, to process escrows. Foundation Escrow provides escrow services to buyers, sellers, lenders, borrowers, closing agents, and real estate agents.

SCOPE OF TERMS

These terms regard the use of the Foundation Escrow Web site only (“Web site”), not the obligations and commitment of any individual service offered/provided by Foundation Escrow or any other companies, service providers, advertisers, partners, licensors, and suppliers (collectively, “Foundation Escrow”). For the purposes of this Agreement, the use of the term “services” shall not include nor apply to escrow or closing services or products provided to a Customer via the Foundation Escrow Web site by Foundation Escrow. With respect to the provision of closing services to a Customer by Foundation Escrow, existing law governing the conduct of a licensed escrow company shall apply, and shall not be affected by this Terms of Service Agreement.

ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE. By accessing the Foundation Escrow Web site the Customer agrees to be bound by this Agreement. Foundation Escrow provides information and services to the Customer conditioned on the Customer’s acceptance, without modification, of the terms, conditions, and notices contained in this Terms of Service Agreement. By accessing and using this Web site the User/Customer agrees to all such terms, conditions, and notices contained in this Terms of Service Agreement.

PRIVACY AND SECURITY

Foundation Escrow knows privacy is paramount and has built its Web site with the highest levels of security to ensure the safety and privacy of all transaction data. All transaction data entered into the Web site is protected by ID and password protection. Transactions data does not reside on a server connected to the Foundation Escrow Web site. Foundation Escrow, nor any of its service providers will disclose information about a transaction to any party not directly involved in the transactions and authorized to access the information by this, or other agreements.

The following information is collected from all Users and Customers in an effort to provide the highest quality products and services in a timely and professional manner:

Customer’s IP address/OS/software,
IP or “Internet Protocol” address,
operating system (e.g., Windows 95),
browser software (e.g., Netscape Communicator), and
other site usage data is used to gather broad demographic information.
COOKIES

Foundation Escrow uses a technology called “cookies.” These are small files stored by the Customer’s browser on their computer to help keep track of a Customer’s user profile. Foundation Escrow’s cookies do not collect personally identifiable information, nor does Foundation Escrow share them with anyone or any entity.

The Foundation Escrow privacy policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of Foundation Escrow. The policy is not to be applied in any manner contrary to applicable law or governmental regulation. Foundation Escrow may disclose the Customer’s personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to:

conform to the requirements of the law or comply with governmental orders, court orders, or legal process served on Foundation Escrow; or
protect and defend the property or rights of Foundation Escrow, or the users of Foundation Escrow products and services.
PASSWORD

In connection with the establishment of a Customer’s account through the Web site, the Customer will be required to select a password and account name. The Customer is responsible for maintaining the confidentiality of their password and account name, and are fully responsible for all activities that occur under their account name. The Customer agrees to immediately notify Foundation Escrow of any unauthorized use of their account or any other breach of security. Foundation Escrow, its employees, directors, agents, representatives, etc. will not be liable for any loss or damage arising from the Customer’s failure to comply with this section.

NO UNLAWFUL OR PROHIBITED USE

As a condition of the Customer’s use of the Web site, Customer warrants to Foundation Escrow that Customer will not use the Web site for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. Customer agrees to comply with all local rules applicable to Customer using the Web site. Customer agrees not to reproduce, resell, or exploit for any commercial purposes, any portion of the Web site. If any of these terms and conditions are violated, Customer’s permission to use the Web site automatically terminates.

LIABILITY DISCLAIMER

CUSTOMER USES THE WEB SITE AND SERVICE AT CUSTOMER’S OWN RISK. If Customer’s use of the Web site, or the materials contained thereon or linked thereto (including the download of any content or software), results in the need for servicing or replacing property, material, equipment or data, Foundation Escrow will not be responsible for direct and/or indirect damages as a consequence of Customer’s use of the Web site.

Reasonable effort shall be made by Foundation Escrow to provide reliable service. Foundation Escrow provides service on the Internet and, as such, is subject to the operation of the Internet and telecommunications infrastructures as well as the operation of Customer’s Internet connection service, all of which are beyond the control of Foundation Escrow. Foundation Escrow shall make reasonable effort to provide back-up services such as fax and phone service in the event that the Internet-dependent services suffer outages beyond Foundation Escrow’s control. Users of the Foundation Escrow Web site and service are advised that they are conducting their transactions over the Internet. While Foundation Escrow has taken all reasonable steps to reduce risk by building systems with high levels of security to ensure the privacy of all transaction data and the safe transmission of account information, risks remain due to factors beyond the reasonable control of Foundation Escrow.

FOUNDATION ESCROW ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO, AND CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE WEB SITE.

In no event shall Foundation Escrow be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with:

the use of this Web site,
the delay or inability to use the Web site,
unauthorized third party access to Customer’s account, or
any costs of procurement of substitute goods or services, whether based on contract, tort, strict liability or otherwise, even if Foundation Escrow, its affiliates, or their employees, agents, licensors, or suppliers have been advised of the possibility of such 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 in a particular situation. Foundation Escrow does not make any representations or warranty that the information, software and content contained on or accessed via this Web site will:

meet the Customer’s requirements, or
be free from inaccuracies, mistakes, delays, interruptions or typographical errors.
Changes are periodically added to the information herein, although Foundation Escrow does not assume any obligation to make such changes. Foundation Escrow may make improvements and/or changes to the Web site at any time. Foundation Escrow is not responsible or liable for the content, quality and timeliness of online forms, report ordering, inspectors, inspection results, and similar items. USE OF THESE FORMS IS AT THE RISK OF THE CUSTOMER.

Foundation Escrow acts as a conduit for these items, and cannot be held liable for any content or services other than those directly related to Foundation Escrow services.

All information made available on or through the Web site is provided “AS IS” without warranty of any kind and Foundation Escrow expressly disclaims all implied warranties including warranties of merchantability or fitness for a particular purpose.

CUSTOMER’S REGISTRATION OBLIGATIONS

In consideration of Customer’s use of the Web site, Customer agrees to provide full and accurate information about Customer as requested in the Foundation Escrow registration form and to update the registration form in a timely manner as such information changes. If Customer provides any information that is untrue, inaccurate, or incomplete; or Foundation Escrow has reason to believe that such information is untrue, inaccurate, or incomplete, Foundation Escrow reserves the right to suspend or terminate Customer’s account and refuse any and all future use of the Web site.

INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Foundation Escrow from and against any liability, loss, claim, demand, and expense (including reasonable attorneys’ fees) due to, or arising out of, Customer’s violation of any of the terms or conditions of this Agreement, misuse of the Web site and service, or any violation or misappropriation of the rights of any third party.

TERMINATION

Customer agrees that Foundation Escrow, in its sole discretion, may terminate Customer’s password, account (or any part thereof), or use of the Web site, and remove and discard any information that Customer has provided to Foundation Escrow if Foundation Escrow believes that Customer has violated or acted inconsistently with the letter or spirit of this Agreement. Further, Customer agrees that Foundation Escrow shall not be liable to Customer or any third-party for any termination of Customer’s access to the Web site.

CHANGES TO WEB SITE

Foundation Escrow may make improvements or changes in the information and other materials on the Web site, or terminate the Web site (or any portion thereof), at any time without notice. Foundation Escrow may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, Customer agrees to review the Agreement periodically, and Customer’s continued access or use of the Web site shall be deemed Customer’s acceptance of the modified Agreement.

ADVERTISERS AND THIRD PARTY SITES

The Customer’s correspondence or business dealings with, or participation in promotions of, advertisers on the Web site, including payment and delivery of their goods or services, and any other terms, conditions, warranties or representations related to those dealings, are solely between the Customer and that advertiser or service provider. Customer agrees that Foundation Escrow shall not be responsible or liable for any loss or damage of any sort incurred as the result of Customer’s dealings with advertisers or as the result of the presence of such advertisers on the Web site.

Foundation Escrow has no control over the content and/or services made available by sites that may be linked to or accessed through the Web site and disclaims all responsibility and liability for such content and services.

PROPRIETARY RIGHTS

Customer acknowledges and agrees that the Web site, any necessary software used in connection with the service(s) provided on the Web site, and all content contained on the Web site (“Content”) is owned by Foundation Escrow and contains or consists of proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by Foundation Escrow, Customer agrees not to copy, modify, rent, lease, sell, distribute, or create derivative works based on the Web site, software, or any content contained on or accessed via the Web site, in whole or in part. Customer agrees not to reverse engineer, de-compile, reverse assemble, or otherwise attempt to discover the source code of the software (or permit or assist any third party in doing so).

The Foundation Escrow logos, trade names, and product and service names contained on the Web site are the trademarks or service marks of Foundation Escrow. Without the prior written permission of Foundation Escrow, Customer agrees not to display or use in any manner such logos, trade names, product names, or service names. All other trademarks and service marks are the property of their respective owners.

NO FRAMING

Unless Customer has received specific written permission from Foundation Escrow, Customer may not:

“frame” or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the Web site, or
alter or modify any content on the Web site.
PRIVACY POLICY NOTICE

Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about a Customer with a nonaffiliated third party unless the institution provides the Customer with a notice of its privacy policies and practices, such as the type of information that it collects about the Customer and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, Foundation Escrow is providing the Customer with this document, which notifies the Customer of the privacy policies and practices of Foundation Escrow, Inc.

Foundation Escrow may collect nonpublic personal information about the Customer from the following sources:

Information received from the Customer, their attorney, their agent and/or their representative such as on applications or other forms.
Information about the Customer’s transactions secured from Foundation Escrow’s files, or from it affiliates’ files.
Information received from a consumer reporting agency.
Information received from others involved in the Customer’s transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about the Customer.

Foundation Escrow may disclose any of the above information that Foundation Escrow collects about its Customers or former Customers to its affiliates or to nonaffiliated third parties as permitted by law.

Foundation Escrow also may disclose this information about its Customers or former Customers to the following types of nonaffiliated companies that perform marketing services on Foundation Escrow’s behalf or with whom Foundation Escrow has joint marketing agreements:

Financial service providers such as companies engaged in banking, Consumer finance, securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service providers.
FOUNDATION ESCROW DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT THE CUSTOMER WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.

Foundation Escrow restricts access to nonpublic personal information about the Customer to those employees who need to know that information in order to provide products or services to the Customer. Foundation Escrow maintains physical, electronic, and procedural safeguards that comply with federal regulations to guard the Customer’s nonpublic personal information.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Failure by Foundation Escrow to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between Customer and Foundation Escrow with respect to the subject matter herein, and it replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Web site.

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of this Agreement shall remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or relating to this Agreement. Any controversy, claim, or dispute that cannot be so resolved shall be settled by final binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in San Diego, California, or such other place as may be mutually agreed upon by the parties. Within fifteen (15) days after the commencement of the arbitration, each party shall select one person to act as arbitrator, and the two arbitrators so selected shall select a third arbitrator within ten (10) days of their appointment. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s expenses and administrative fees of arbitration.