"Greenfolders has helped us transition to a paperless workflow, while maintaining our current processes. The transition was painless and rewarding."
- Clint McTomick, Partner, Watkins Law Firm
"It's truly amazing. We honestly haven't created a paper file in a year, and we're seeing monthly savings of over $10,000 in paper and copy costs alone. The processes stayed pretty much the same; it's just the medium that changed."
- Scott Halverson, Partner, Integrated Title Services
"Most programs require you to change the way you do business to conform to the program. Greenfolders is the only program that I have found that is 100% configurable to the way I do business. Since I have implemented Greenfolders, I never have to look for a missing file, I have reduced my paper consumption by 90% and my actual cost per file dropped by 30%."
- Brett Matsuura, Principal Broker, Liberty One Real Estate
"The most exciting benefit is that it has made my real estate brokerage more efficient; what used to take a full time staff of five now only takes three. Thanks, Greenfolders!"
- Brett Matsuura, Principal Broker, Liberty One Real Estate
"Green Folders delivers on everything that was promised: 'reduced costs - increased productivity' - the added bonus is that it's; Great; Fun!; Easy to use - our staff loves it!"
- Susanne Jerome, Systems Manager, Olympic Peninsula Title Company
"Greenfolders has increased our productivity so much it is like having an extra employee in the office. Its true with GreenFolders, 'Do More with Less'."
- Troy Ayres, Chief Operations Officer, Investors Title Insurance Agency, Inc.
"The best thing about GreenFolders is having all of my information available in one place, and the ability to access and share information across our business. Since adopting the GreenFolders system we've seen a massive improvement in overall organization, information availability and accessibility. We all love it!"
- Boyd Anderson, The Staker Company
"GreenFolders has given me the tools necessary to help transition our company from the old paradigm of paper into the electronic era of building. In order for our company to thrive in the years to come, we must become comfortable with new technologies and their ability to increase our efficiency. GreenFolders has helped me immensly in keeping organized and with sharing information more effectively and efficiently. The simplicity of the software makes it easy to train new users and the forms help keep everyone up-to-date on current projects."
- John Wheeler, Gough Homes
"GreenFolders has made us more efficient and and less paper-dependent, which saves us money. I also expect it to reduce fuel costs and drive time spent making trips to and from the office to retrieve documents, information, and so on."
- John Wheeler, Gough Homes
"I have really enjoyed working with your product. It assists me greatly in my day to day operations. Technical support has also been great to work with and always responds to any questions I may have in a very timely manner."
- John Wheeler, Gough Homes
"It is very useful, having GreenFolders has made my job easier. My favorite is being able to merge documents and publish them into GreenFolders. All the options GreenFolders offers you to help you create shortcuts are awesome."
- Orchid Vizcarra, Mid Valley Escrow
"GreenFolder's is an absolute must- I do not know what my office would do without it! The best part about GreenFolder's is that it works within Streamline so it pulls in information with a push of a button. You can scan non streamline documents into your GreenFolder file as well, and it's very easy to use. I highly recommend GreenFolders!”
- Loretta DiPuma, Mid Valley Escrow Corp
"One of the best things about GreenFolders is their customer service-it so amazing! The program is user-friendly and it is so easy to train a new employee on the program, it makes working in our files so much easier! GreenFolders has been a perfect fit for our busy title company and has become a partner in our success!"
- Roxanne Danielsen, Consumer's Title Company of Southern CA
"GreenFolders has made our life so much easier! No more tracking down paper files or pulling files from archives. We are much more efficient, saving both time and money. We love GreenFolders!"
- Christy Fratta, Maryland Title Works Unlimited, Inc.
"Advantage Title Company has always prided itself for an emphasis on improving services through cutting edge technology. GreenFolders has proven to be an essential component in our array of technological advancements."
- Steve Potler, Advantage Title Company
"With our implementation of GreenFolders, we have transferred all of Advantage Title Company's operations into a completely customized and streamlined paperless system. GreenFolders has allowed us to benefit from significant advancements such as developing a more refined workflow, creating additional checks and balances, and enabling multiple office locations to work together seamlessly."
- Steve Potler, Advantage Title Company
"GreenFolders has been awesome! Everyone from sales and implementation thru training and support has been very pleasant and very knowledgeable. Actually using GreenFolders has also been great - super intuitive and easy to figure out. When I couldn't figure a couple of things out, Support was right there to walk me through it!; We are loving GreenFolders!"
- Jonette Crabtree, First Capital Title Services, Inc
"I love how efficiently this system is set up to run. It makes the escrow file a tamable beast by improving productivity, cutting down paper waste, and cutting out unnecessary steps. Overall this system gives you the freedom to conduct business in the most efficient manner possible. Did i mention it's efficient?"
- Alex Hoyo, Escrow Concepts, Inc.
"WE LOVE GF!!! We starting using GreenFolders about six months ago. We are a small company, and we have been around since the 1940's so we were a little nervous to start something so new and different than what we are used to. It didn't take us long at all to get used to it. We recommend GreenFolders for any company, not only Title and Escrow. We can't imagine going back to hard files and folders. It has made our work so much faster and easier."
- Lori Vest, Security Title of Davis County, Inc.
"GreenFolders has been a great tool for our Company, it has eliminated wasted time searching the office for lost or misplaced files because everything is right at your fingertips. GreenFolders has helped us to increase productivity, as well as save on the cost of paper and toner."
- Brian Drew, Benchmark Title Insurance Agency
"GreenFolders is the best software investment we have made relating to our practice! Prior to investing in GreenFolders, our office unsuccessfully tried to go paperless for last five (5) years. In fact, rather going paperless we ended up creating more work for our staff, looking for documents all over the place while still maintaining our old paper system. Now, GreenFolders has not only reduced our paperwork but has also increased out company's production. It is very user friendly and customizable. Their customer and technical support staff are OUTSTANDING. We only wish we'd known about GreenFolders sooner!"
- Joshua Pompilus, OneBoston Title & Closing Services, P.C.
END-USER
LICENSE AGREEMENT
IMPORTANT!
READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal
agreement between You (either an individual person or entity, including any
company or organization) (“You” or "Your") and, Title Holdings, Inc.,
a Utah corporation operating through its GreenFolders
division (including its heirs, subsidiaries, or assigns) (“GreenFolders”)
for the materials that accompany this EULA, which include certain computer
software and corresponding documentation for the installation and use of an
electronic document system (“Materials”). An amendment or addendum to
this EULA may accompany any portion of the Materials.
1.
EFFECTIVE DATE OF THIS AGREEMENT. YOU AGREE TO BE BOUND BY THE TERMS OF
THIS EULA UPON THE EARLIER OF INSTALLATION OF ANY OF THE “MATERIALS” NOTED OR
ACKNOWLEDGING THAT YOU HAVE READ THIS EULA AND CLICKING BELOW TO ACCEPT THE
TERMS OF THE EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT
INSTALL, COPY, OR USE THE MATERIALS, AND DO NOT CLICK TO INDICATE ACCEPTANCE OF
THIS EULA.
2.
GRANT OF LICENSE. “Services” means the software applications, and any
applicable user manuals and any other services provided by GreenFolders
to You as specified in this EULA. The Services include any corrections,
bug fixes, enhancements, updates, or other modifications to the Services.
GreenFolders grants to You a non-exclusive,
non-transferable, limited license under GreenFolders
intellectual property rights in the Services to use the Services set forth in
this EULA. There are no implied licenses under this EULA, and any rights
not expressly granted to You are reserved by GreenFolders
for its own use and benefit. This EULA is personal to You, and GreenFolders grants to You and only You the following
rights, provided that You comply with all terms and
conditions of this EULA:
2.1 Installation and Use. You may
use, access, display, install or run, one copy of the Materials, which may
include a single application for a single computer system, remote access of the
single application from another terminal, or a separate server application
program and one or more client application programs. To the extent
applicable, any such included Application of the Materials may be used,
installed and run on a single device, such as a computer, workstation, terminal
or other device (“Computer”). If accessing the Materials from a separate
terminal via one or more remote application access protocols (e.g., RDP), the
Materials may still only be installed on a single computer system. In the event that the Materials comprise a separate server
and client application, only one copy of each included server application
and/or client application may be installed and run on a corresponding server or
client computer system, as applicable.
2.2 Storage. You may also
store or install a copy of the Materials on a storage device, such as a network
server for backup purposes only.
2.3 Remote Access. You may access
the Materials using a remote application access protocol (such as but not
limited to RDP) from a different computer system terminal via a single user
profile account. In such case, the license for the computer system on
which the Materials are installed shall be applicable to the single user
profile account and to a single user associated with the user profile account.
You agree that access to the Materials may not be shared or used
concurrently on different Computers at the same time, or by more than one user,
even if multiple users are sharing the applicable user profile account.
2.4
Restrictions
on License. You shall not: (i) disclose, use, disseminate, reproduce or
publish any portion of the Services in any manner or permit the same; (ii)
process or combine any portion of the Services or permit any portion of the
Services to be processed or combined with other data or software from any other
source; (iii) allow access to the Services through any terminals located
outside of Your operations or facilities; (iv) use the Services to create,
enhance or structure any database for resale or distribution; (v) redistribute
the Services or Your products over the Internet; or (vi) use the Services to
create derivative products.
3.
GREENFOLDERS HOSTING SERVICES. If You select and pay GreenFolders to provide hosted services, You
understand and agree that the hosted services may be provided by a third party
vender (“GreenFolders Hosting Services”). Upon
completion of setting up the Services, GreenFolders
will provide You with: (i) non-exclusive electronic access to the digital
information processing, transmission and storage systems (“Hosting Systems”)
located at the computer facilities operated by GreenFolders
or a GreenFolders third party vendor (“Host
Location”); and (ii) access, via a unique username, password or other access
credentials that GreenFolders provides to the You, to
the GreenFolders Hosting Services from Your computer
or other network device (each such computer or device, a “Customer Seat”) by
Your personnel and other persons permitted use of Your account by You as
designated from time to time in writing to GreenFolders
(“Authorized Users”) in accordance with Section 2. (the foregoing services, “GreenFolders Hosting Services”).
3.1
GreenFolders Hosting Services Term and
Termination.
The initial term of the GreenFolders Hosting Services
is twelve (12) months commencing on the date You enter into
this EULA. Thereafter, the term shall automatically renew for additional
successive twelve (12) month terms, unless terminated by giving the other party
not less than thirty (30) calendar days written notice of termination prior to
the expiration of the then-current term. If either party breaches any
provision of this GreenFolders Hosting Services under
this EULA, the non-breaching party shall, upon providing written notice of such
breach, be entitled to immediately terminate the GreenFolders
Hosting Services, provided such breach is not cured within five (5) days
following such notice. Without prejudice to any other rights, GreenFolders may terminate the GreenFolders
Hosting Services if You fail to comply with the terms and conditions of this
EULA or if You fail to pay GreenFolders for the
Hosting Services, GreenFolders may terminate without
cause by providing thirty (30) days advance notice.
4.
THIRD PARTY SOFTWARE AND SERVICES.
4.1
Acquisition of Third Party Software and Services. GreenFolders may offer third party software and services,
which will be reflected on the Product, Service and Fee Summary Agreement.
Any acquisition or use by You of third party products or services,
including third party software, services, hosting services, and implementation,
customization and other consulting services, and any exchange of data between
You and any third party provider, is solely between You and the applicable
third party provider. GreenFolders does not
warrant or support third party software and services, except as specified in
the applicable Product, Service and Fee Summary Agreement.
4.2
Third Party Software and Services and Your Data. If You
order third party software and services for use with the GreenFolders
Services, You acknowledge that GreenFolders
may allow providers of the third party software and services to access Your
Data as required for the interoperation of the third party software and
services. GreenFolders will not be responsible
for any disclosure, modification or deletion of Your Data resulting from any
such access by third party software and services providers.
5.
FEES.
In consideration of the rights granted to You, You
shall pay to GreenFolders the fees stated within the
Product, Service and Fee Summary Agreement sent to You under separate
cover. In the event You, for any reason or cause (regardless of fault),
continue to access and use the Services after the expiration or other
termination of this EULA, You shall immediately pay to GreenFolders
the fees for such access and use of the Services at the rates set forth in the
Product, Service and Fee Summary Agreement. Fees are exclusive of use, ad
valorem, personal property, and other taxes, which are the responsibility of
You. GreenFolders shall charge You applicable
sales tax, and You shall be responsible for filing all other taxes. GreenFolders reserves the right to change the fees for the
Services at any time. Additional charges may apply for training users at
Your locations. You shall provide all Internet connectivity, hardware and
software necessary to access the Services.
5.1
Fees for Hosting Services. If You
choose the GreenFolders Hosting Services, You agree
to pay all fees for the GreenFolders Hosting Services
at the applicable rate set forth on Product, Service
and Fee Summary Agreement. In our discretion, GreenFolders
may charge Your credit card once per month or more frequently if GreenFolders determines it is warranted by the fees You
incur. In its sole discretion, GreenFolders may
also place an authorization hold on Your credit card at any time for fees that
You have already incurred. The calculation of all fees for GreenFolders
Hosting Services shall be based solely on our records and data. All
computing overheads, including storage and bandwidth, shall be included in the
calculation of Your fees. Fees for a particular GreenFolders Hosting server shall begin to accrue
when the GreenFolders Hosting server is associated
with Your GreenFolders Hosting Services account. You
are solely responsible for all fees relating to GreenFolders
Hosting servers that are associated with Your GreenFolders
Hosting Services account and for any fees that You incur until You migrate and
delete all data files stored on the GreenFolders
Hosting servers. Fees that are not disputed within sixty (60) days of the date
on which they are charged shall be conclusively deemed to be accurate. If for
any reason GreenFolders cannot process Your credit
card or You fail to make a payment, You agree: (i) that within sixty (60)
days from the date the fees are incurred, GreenFolders
may in its sole discretion, delete all data files stored on the GreenFolders Hosting Server; and (ii) to pay our costs of
collection, including all reasonable attorney fees and expenses. GreenFolders may charge interest on overdue fees at the
lesser of 1.5% per month or the maximum rate permitted by law. It is Your sole
responsibility to provide accurate billing contact information and to notify GreenFolders of any changes to Your billing contact
information in accordance with the notice provisions in Section 28 (Notices).
5.2
Fee Increase. GreenFolders
may increase Your fees for the GreenFolders Hosting
Services on thirty (30) days’ prior notice sent in accordance with the notice
provisions in Section 28 (Notices).
5.3
Payment Processing. In the event that credit card
payments are processed by a third party card
processing company, such third party card processing company will be
contractually required by GreenFolders to use
commercially adequate security and confidentiality measures to protect Your
payment, who is subject to a written agreement with GreenFolders.
That agreement requires the card processing company to use adequate
security and confidentiality measures to protect Your payment information. All
payment information that You provide through the GreenFolders
Hosting Services Website will be transmitted directly to the card processing
company over a secure connection. GreenFolders will
not record Your credit card number, expiration date, or CVV number. However,
this information may be stored by the card processing company in the normal
course of its business, or as required or authorized by law, statute,
regulation, or Payment Card Industry standard.
5.4
GreenFolders may, in its sole discretion, elect to
bill You for the GreenFolders Hosting Services in
accordance with a pre-existing billing arrangement that You have with GreenFolders for another service GreenFolders
provides, which may be under a separate agreement. If GreenFolders
does not agree in writing to bill Your Hosting Service fees in accordance with
a pre-existing billing arrangement between You and GreenFolders,
You must submit and keep on file a valid credit card that GreenFolders
will process to pay Your Hosting Service fees no less than once per month as
provided in this Section 5.1.
6.
BACKUP NOTICE. When utilizing MS SQL Express as Your GreenFolders database engine, the data cannot be copied by
regular system backups or automated backups and will require an additional
specialized backup process. You are solely responsible for saving and disaster
recovery of GreenFolders data as it shall deem
reasonably necessary to protect its images and information. GreenFolders strongly recommends that the specialized GreenFolders backup be done at least on a
daily basis in addition to Your regular system backups.
Notwithstanding
anything in this EULA to the contrary, You are solely
responsible for backing up all Content on the Hosting Servers and for
implementing snapshots of Your Hosting Servers. You acknowledge that snapshots
will not record an autonomous copy of any file and that You cannot restore lost
data from a snapshot. Snapshots may enable You to restore Your system to a
specific point in time, but they are not an adequate backup solution. You agree
to independently create and maintain outside of the GreenFolders
Hosting Services a current backup copy of all Content stored on the Hosting
Servers.
7.
DIGITAL RIGHTS MANAGEMENT. GreenFolders
may use digital rights management technology (“DRM”) in these Materials to
protect the integrity of its content (“Secure Content”) so that its
intellectual property, including copyright, patent, trade secret, or trademark,
as applicable, in such content is not misappropriated. If the DRM
security has been compromised, GreenFolders may
revoke this EULA in accordance with Section 20 (Term and Termination) or Your
right to copy, display, use, install, run and/or access Secure Content. GreenFolders may also require You to upgrade some of the
DRM components in these Materials (“DRM Upgrades”) before accessing the Secure
Content. When You attempt to access such content, GreenFolders
may notify You that a DRM Upgrade is required and then ask for Your consent
before the DRM Upgrade is downloaded. If You decline the upgrade, You will not be able to access content that requires the DRM
Upgrade.
8.
CONTENT.
8.1 Your Content is Yours. You
maintain ownership of and responsibility for Your Content and responsibility
for Your Content while using the Service. You agree that Your Content and
Your (and Your Authorized Users) conduct in using the Service will comply with
all applicable laws, rules and regulations. By creating, submitting,
posting or otherwise making Your Content available to GreenFolders
and/or others, You acknowledge and agree that: (1) You will evaluate and
bear all risks associated with Your Content; and (2) under no circumstances
will GreenFolders Parties be liable in any way for
Your Content as You upload or submit it, including, but not limited to any
errors or omissions. You are encouraged to practice effective content
retention practices, to maintain copies on Your own computer or local network,
to use the latest encryption and other security technology to protect Your
Content and to back up and protect the security and confidentiality of Your
Content, as applicable to the Service. GreenFolders
personnel will not access Your Content except: (a)
as part of providing, maintaining, securing or modifying the Service; or (b) at
Your request or with Your consent as part of addressing or preventing a service,
support or technical issue. Use of Your Personal Information will be as
set forth in the Privacy Policy. GreenFolders
does not own Your Content. You acknowledge that provision of the Service
necessarily involves technical access, processing and transmission of Your
Content and Metrics related to use of the Service.
8.2 What Happens When You Share
Your Content.
Some services permit You to share Your Content or publish Your Content to other
products or services directly or indirectly through other software. You
understand that if You choose to share or publish Your Content (whether by
emailing, sharing a link, submitting to a software application for access to a
service, or other public areas or in shared areas available to other users You
have chosen, or by any other available sharing mechanism), that anyone You have
shared Your Content with (including in some cases the general public) may be
able to use, reproduce, manipulate, distribute, display, transmit, and
communicate Your Content. If You do not want others to have those rights,
do not use the Service to share Your Content or set Your permissions
accordingly. You are responsible for the administration of access to Your
Content by Your Authorized Users including granting and terminating access.
You acknowledge that in some cases, a user You have granted access to may have
the ability to copy or transfer or save Your Content outside of the Service and
suspending or terminating access will not delete or inhibit access to content
that was earlier copied or transferred. You waive “moral” rights or other
rights with respect to attribution of authorship of Your Content. GreenFolders Parties have no control over and shall have no
liability for any damages resulting from the use or misuse by any third party
of Your Content that You choose to share, directly or indirectly, or through
any service or software. IF YOU CHOOSE TO SHARE YOUR CONTENT OR MAKE YOUR
CONTENT AVAILABLE OR OTHERWISE IN CONNECTION WITH THE SERVICE, YOU DO SO AT
YOUR OWN RISK.
8.3 Content That is Submitted to
You by Your Customers is Yours. GreenFolders
makes no claim of ownership in any content that is provided to You using the
System.
8.4 You
shall not insert or upload into GreenFolders any
“Destructive Mechanisms” which means computer code that: (1) is designed
to disrupt, disable, harm, or otherwise impede in any manner, including
aesthetic disruptions or distortions or any other software, firmware, hardware,
computer system or network (sometimes referred to as “viruses” or “worms”); (2)
would disable or impair system or any other software, firmware, hardware,
computer systems or networks in any way where such disablement or impairment is
caused by the passage of time, exceeding an authorized number of copies,
advancement to a particular date or other numeral (sometimes referred to as
“time bombs,” “time locks” or “drop dead” devices); (3) would permit third
parties to access the system or any other software, firmware, hardware,
computer systems or networks to cause such disablement or impairment (sometimes
referred to as “traps,” “access codes” or “trap door” devices); or (4) which
contains any other similar harmful, malicious or hidden procedures, routines or
mechanisms which would cause such programs to cease functioning or to damage or
corrupt data, storage media, programs, equipment or communications or otherwise
interfere with operations.
9.
CONFIDENTIALITY.
9.1 Obligations. Neither
party shall use, disseminate, reproduce or permit to be used, disseminated or
reproduced, or in any way disclose the other party's confidential information
to any person or entity except as required by law or as specifically permitted
in this EULA. Absent prior written consent of the other party, each party
shall disclose confidential information only to those of its employees and
independent contractors who have previously agreed to be bound by the terms and
conditions of this EULA and its in-house and outside legal counsel who need to
know such information. Each party shall treat all confidential
information disclosed to it in connection with this EULA as strictly
confidential using commercially reasonable measures at least equal to those
used by such party with respect to its own confidential information.
9.2 Exceptions. The restrictions
on use and disclosure of confidential information shall not apply to any
particular confidential information when and to the extent that the
confidential information: (1) is or becomes generally available to the
public through no fault of the receiving party (or anyone acting on its
behalf); (2) was previously rightfully known to the receiving party free of any
obligation to keep it confidential; (3) is subsequently disclosed to the
receiving party by a third party who may rightfully transfer and disclose the
information without restriction and free of any obligation to keep it
confidential; or (4) is independently developed by the receiving party or a
third party without reference or access to the disclosing party's confidential
information. The receiving party may disclose confidential information if
required to do so as a matter of law, regulation or court order, provided that:
(1) the receiving party shall use all reasonable efforts to provide the
disclosing party with at least ten (10) days prior notice of such disclosure,
(2) the receiving party shall disclose only that portion of the confidential
information that is legally required to be furnished, and (3) the receiving
party shall use reasonable efforts to seek from the party to which the
information must be disclosed confidential treatment of the disclosed
confidential information.
9.3 Deleting Your Content. If You delete
Your Content from the Service, You understand it may
persist in backup copies. In addition to GreenFolders
rights to delete Your Content upon expiration or termination of this EULA under
Section 20 (Term and Termination), GreenFolders has
the right (but not the obligation) to delete inactive sites or accounts or
purge related content (and all backups thereof), without further notice and
without liability for deletion or failure to store such content. GreenFolders Parties shall have no responsibility or
liability for deletion based on Your settings or actions or inactions or for
any failure to delete Your Content.
9.4 Security is Important. The Service will
be provided using processes and safeguards which are designed to help maintain
the security of Your Content that are appropriate for the Service.
10.
RESERVATION OF RIGHTS AND OWNERSHIP. GreenFolders reserves all rights not expressly granted to
You in this EULA. The Materials are protected by copyright, patent,
trademark, trade secret, and/or other intellectual property laws and treaties,
as applicable. GreenFolders, its heirs,
assigns, subsidiaries, or its authorized affiliates or suppliers, as
applicable, own all intellectual property rights in the Materials. The
Materials are licensed, not sold.
11.
SUBCONTRACT. GreenFolders may subcontract any portion of the GreenFolders Hosting Services to a third
party contractor, provided that GreenFolders
will remain fully responsible to You for the GreenFolders
Hosting Services pursuant to this EULA. Any subcontractor will be deemed to be an
independent contractor and not our partner, agent, or employee. GreenFolders may collect and report anonymous information
regarding Your use of the GreenFolders Hosting
Services to our subcontractors, licensors or suppliers as required to provide
You with the GreenFolders Hosting Services.
12.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You shall not
reverse engineer, decompile, or disassemble the Materials, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
13.
NO CROSSOVER USE OF MATERIALS FROM SEPARATELY EXECUTED EULAS EXCEPT BY LICENSE.
13.1 Trial-Use. The Materials of
this download or installation include a base application program for an
electronic document management system and may further include a number of accompanying electronic folders for trial use
within the electronic document management system. Unless otherwise
expressly authorized in writing by GreenFolders (or
its heirs, assigns, or authorized affiliates), therefore:
13.2
The
electronic folders accompanying this download or installation are for Your
internal use only under this EULA;
13.3
You
agree not to use the accompanying trial use electronic folders of this EULA
with any other copies, instances, or installations of the document management
system obtained via a separately executed EULA;
13.4
You
agree not to use any other trial use electronic folders (e.g., obtained as part
of a separately executed EULA) with the electronic document management system
associated with this EULA; and
13.5
You
agree that any additional electronic folders obtained beyond the electronic
folders accompanying this download or installation will be received via license
from GreenFolders (or its authorized affiliates).
14.
Conversion from Trial-Use. The trial-use period of this EULA
shall continue in perpetuity or until superseded by subsequent agreement, which
may include agreement for the license of the Materials, or license of
additional folders for use with the Materials. In such case, any aspect
of the Materials deemed as trial-use shall then be deemed fully-functional.
15.
Data Collection and Use. GreenFolders
may collect, process and transmit data obtained from and about You in the
course of Your accessing and using the GreenFolders
Site and the software in connection Your transactions. Additionally, GreenFolders collects aggregate data for statistical and
quality assurance purposes and You hereby consent to the collection and use of
such aggregate data. By agreeing to this EULA, You agree to the terms
outlined in the Use of Information section found in the GreenFolders
privacy policy (“Privacy Policy”) at www.titleio.com In addition and in
accordance with applicable laws and regulations Your personal information may
be shared with GreenFolders affiliates in accordance
with our Privacy Policy, and You may receive information regarding additional
products and services.
16.
IP ADDRESSES. Any public or private IP address allocated for
You to use as a part of the GreenFolders Hosting
Services will remain allocated to You until: (i) You release the IP
address using the GreenFolders Hosting Services
portal; (ii) Your GreenFolders Hosting Services are
terminated for any reason; or (iii) GreenFolders
decides to change any IP address, which GreenFolders
may do at any time and in our sole discretion by providing You with five (5)
days’ prior notice of the change in accordance with the notice provisions in
Section 28 (Notices). Upon termination of this EULA, You
may no longer use any IP addresses or address blocks that GreenFolders
provided for Your use in connection with the GreenFolders
Hosting Services.
17.
ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services components, of the
Materials that GreenFolders may provide to You or
make available to You after the date You obtain Your initial copy of the
Materials, unless GreenFolders provide other terms
along with the update, supplement, add-on component, and/or Internet-based
services component. GreenFolders reserves the
right to discontinue any Internet-based services provided to You or made
available to You through the use of the Materials.
18.
UPGRADES AND CUSTOMER SUPPORT. Absent a written agreement to the
contrary, You understand and agree that: (i) GreenFolders
(or its authorized affiliates) will provide upgrades and customer support for
the Materials at GreenFolders sole discretion at
will, and at a cost within the sole discretion of GreenFolders;
(ii) although GreenFolders may from time to time
provide one or more upgrades or customer support services in the future
relating to the Materials of this EULA at a discount (or for free), this EULA
shall not be construed as an offer, acceptance, and/or consideration obligating
GreenFolders to provide free or discounted upgrades
and/or customer support services for the Materials in the future; and (iii) GreenFolders reserves the right to change its future
practices regarding upgrades, customer support services, or corresponding costs
or fees thereof at any time, and for any reason.
19.
EXPORT RESTRICTIONS. You acknowledge that the Materials are
subject to U.S. export jurisdiction. You agree to comply with all applicable
international and national laws that apply to the Materials, including the U.S.
Export Administration Regulations, as well as end-user, end-use, and
destination restrictions issued by United States and other governments.
20.
TERM AND TERMINATION. The term of this EULA will commence upon
Your acceptance (by clicking “I Accept”) and continue in perpetuity, unless
sooner terminated pursuant to the terms hereof (the “Term”). Notwithstanding
the foregoing, GreenFolders may immediately terminate
this EULA, and terminate Your access to and use of the Site, the software and
the products, if GreenFolders ceases to offer
products via the Site, or Licensee fails to comply with any of the terms of
this EULA. GreenFolders may also terminate this EULA,
for any reason whatsoever, in its sole discretion.
21.
LIMITED WARRANTY FOR MATERIALS.
21.1
Limited Warranty. GreenFolders warrants
that the Materials will perform without defects in workmanship for a period of
ninety (90) days from the date of receipt. No implied warranty or
condition is created or given unless Your jurisdiction prohibits disclaimer of
it, in which case You have such an implied warranty, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (90 DAYS). AS TO
ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY
OR CONDITION OF ANY KIND. Some jurisdictions do not allow limitations on
how long an implied warranty or condition lasts, so the above limitation will
not apply to You in that case. Any supplements or updates to the
Materials, as provided to You after the expiration of the ninety (90) day
Limited Warranty period are not covered by any warranty or condition, express,
implied or statutory.
21.2
Limitation
on Remedies; No Consequential or Other Damages. Your exclusive remedy for
any breach of this Limited Warranty is as set forth below. Except for any
refund elected by GreenFolders, YOU ARE NOT ENTITLED
TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
Materials do not meet GreenFolders Limited Warranty,
and, to the maximum extent allowed by applicable law, even if any remedy fails
of its essential purpose. The terms of Section 23 (Exclusion of
Incidental, Consequential and Certain Other Damages) are also incorporated into
this Limited Warranty. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion will not apply to You in that case. The Limited Warranty gives
You specific legal rights. You may have other rights which vary from
jurisdiction to jurisdiction.
21.3
Your
Exclusive Remedy. If the Materials have a defect in workmanship, You may return the Materials for a refund of the amount paid
therefore if returned within ten (10) days of receipt of the Materials.
Apart from defects in materials returned within ten (10) days, Your exclusive
remedy for any breach of this Limited Warranty, or for any other breach of this
EULA or for any other liability relating to the Materials, shall be, at GreenFolders sole option from time to time exercised
subject to applicable law, (a) return of the amount paid (if any) for the
Materials, subject to a discount for a fifteen percent restocking fee, or (b)
repair or replacement of the Materials that do not meet the Limited Warranty
and that is returned to GreenFolders with a copy of
Your receipt or other proof of purchase. Apart from the restocking fee, You will receive the remedy elected by GreenFolders
without charge, except that You are responsible for any expenses You may incur
(e.g., cost of shipping the Materials to GreenFolders).
This Limited Warranty is void if failure of the Materials has resulted from
accident, abuse, misapplication, abnormal use or a virus. Any replacement
Materials will be warranted for the remainder of the original warranty period
or ten (10) days, whichever is longer, and GreenFolders
will use commercially reasonable efforts to provide Your remedy within a
commercially reasonable time of Your compliance with GreenFolders
warranty remedy procedures. To exercise contact: Title Holdings, Inc, Attn: Legal
Department.
22.
DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above
is the only warranty made to You and is provided in lieu of any other
warranties, whether express or implied, or similar obligations (if any) created
by any advertising, documentation, packaging, or other communications.
Except for the Limited Warranty and to the maximum extent permitted by
applicable law, GreenFolders and its affiliates and
suppliers provide the Materials and support services (if any) AS IS AND WITH
ALL FAULTS, and hereby disclaim all other warranties and conditions, whether
express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, and of lack of negligence, all
with regard to the Materials, and the provision of or failure to provide support
or other services, information, content, and software through the Materials or
otherwise arising out of the use of the Materials. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE
MATERIALS. NO WARRANTY IS MADE THAT PRACTICE OF THE INFORMATION CONTAINED
IN THE MATERIALS WILL LEAD TO ANY PARTICULAR RESULT.
23.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GREENFOLDERS OR ITS
AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OF OR INABILITY TO USE THE MATERIALS, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, CONTENT, OR SOFTWARE THROUGH
THE MATERIALS OR OTHERWISE ARISING OUT OF THE USE OF THE MATERIALS, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF
THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY,
BREACH OF CONTRACT OR BREACH OF WARRANTY OF GREENFOLDERS OR ANY AFFILIATE OR
SUPPLIER, AND EVEN IF GREENFOLDERS OR ANY AFFILIATE OR SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24.
LIMITATION OF LIABILITY. GREENFOLDERS` TOTAL LIABILITY AND YOUR
EXCLUSIVE REMEDY UNDER OR RELATED TO THIS EULA, WHETHER BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE
LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY YOU TO
GREENFOLDERS DURING THE THREE MONTHS PRECEDING THE CLAIM. THIS LIMIT IS
CUMULATIVE AND ALL PAYMENTS UNDER THIS EULA WILL BE AGGREGATED TO CALCULATE
SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT
ENLARGE THE LIMIT. GREENFOLDERS SHALL HAVE NO LIABILITY UNDER OR IN ANY
WAY RELATED TO THIS EULA FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF
GREENFOLDERS IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU AGREE
THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS EULA, AND
THAT THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
25.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD GREENFOLDERS
HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED
TO THE USE OF THE SERVICE BY YOU, OR ATTRIBUTABLE TO YOUR BREACH OF THIS EULA.
GREENFOLDERS SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND
YOU SHALL COOPERATE WITH GREENFOLDERS IN DEFENDING AGAINST SUCH CLAIM.
26.
BASIS OF THE BARGAIN. The Parties agree that releases,
waivers, warranty disclaimers, limitations of liability and indemnities in this
EULA are a fundamental basis of the bargain between You and GreenFolders,
and are a material part of the consideration received by GreenFolders
for the provision of the Service under this EULA, and GreenFolders
would not have entered into this EULA and provided the Service in the absence
of such releases, waivers, warranty disclaimers, limitations of liability and
indemnities.
27. APPLICABLE
LAW. This EULA is governed by the laws of the State
of Utah, notwithstanding any choice of law provisions of such state.
Further, You hereby agree to exclusive jurisdiction
and venue in the applicable court within Salt Lake County, Utah or the
resolution of any dispute arising out of, or otherwise related to, this EULA or
the Materials.
28.
NOTICES. Any notice or other communication
required or permitted under this EULA shall be sufficiently given if delivered
in person or sent by one of the following methods: (1) registered U.S. mail,
return receipt requested (postage prepaid); (2) certified U.S. mail, return
receipt requested (postage prepaid); or (3) commercially recognized overnight
service with tracking capabilities. Notices to GreenFolders
shall be sent to 10701 River Front Parkway #400 South Jordan, UT. 84095 with a
copy to GreenFolders counsel at the same address
marked Attention: Legal Department. Notices to customer shall be
sent to the address entered by customer in the registration information.
Notices or communications shall be deemed properly delivered as of the date
personally delivered or sent by mail or overnight service.
29. ENTIRE
AGREEMENT; SEVERABILITY. This EULA (including
any addendum or amendment to this EULA which is included with the Materials or
Upgrades) is the entire agreement between You and GreenFolders
relating to the Materials and the support services (if any) and it supersedes
all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Materials or any other subject matter covered
by this EULA. To the extent the terms of any GreenFolders
policies or programs conflict with the terms of this EULA, the terms of this
EULA shall control. If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, all other provisions shall continue in full
force and effect.
Should You
have any questions concerning this EULA, or if You desire to contact GreenFolders for any reason, please use the address
information enclosed in these Materials or contact GreenFolders
on the internet at www.greenfolders.com.
gfsupport@GreenFolders.com | 801-747-2132