Deed Preparation Service Terms of Use

TBN provides administrative, technology, document coordination, attorney coordination, signing, notarization, fulfillment and recording-related services.

TBN is not a law firm and does not independently provide legal advice or legal representation.

When an ordered service requires legal judgment, deed preparation, or legal review, TBN identifies and coordinates with an attorney licensed in the applicable jurisdiction (“Reviewing Attorney”).

TBN may collect information, transfer information from customer-provided documents into preliminary document fields, obtain copies of documents, coordinate communications and perform other administrative or ministerial functions. The Reviewing Attorney remains responsible for all legal judgments, legal conclusions, substantive drafting decisions and approval of the final deed.

Nothing on the Site creates an attorney-client relationship between you and TBN.

California prohibits an unlicensed person from practicing law in California. Other jurisdictions have their own rules governing what constitutes the practice of law. Accordingly, TBN's workflow is intended to reserve legal determinations to appropriately licensed counsel.

For attorney-reviewed deed orders, TBN will identify and engage or facilitate engagement of an attorney licensed in the state in which the property is located.

Depending upon applicable law and the particular matter, the Reviewing Attorney may:

1. prepare the deed;
2. receive a preliminary deed or clerically populated draft for legal review;
3. select or change the appropriate deed form;
4. revise vesting, conveyancing or other legal language;
5. determine applicable execution requirements;
6. review applicable state and county recording requirements;
7. identify required ancillary recording forms within the agreed scope; and
8. approve the deed for execution and attempted recording.

A preliminary document produced through TBN's technology or administrative workflow is not approved for legal use until the Reviewing Attorney has reviewed and approved it where attorney review is included or required.

The standard legal engagement is limited to preparing or reviewing the requested deed and related recording requirements.

Unless separately agreed with the Reviewing Attorney, the engagement does not include comprehensive advice concerning:

• estate planning;
• probate;
• title litigation;
• income, gift, estate or capital gains taxation;
• property tax reassessment;
• Medicaid or government benefits;
• asset protection;
• creditor rights;
• bankruptcy;
• mortgage obligations or due-on-sale provisions;
• marital or community-property rights;
• boundary disputes;
• environmental matters;
• homeowners association restrictions; or
• other matters outside preparation and recording of the requested deed.

A lawyer may limit a representation when the limitation is reasonable and the client provides the required informed consent.

Unless expressly ordered otherwise, the Service is designed to rely primarily upon the most recent recorded deed supplied or identified for the property.

The prior recorded deed may be used as the source for information including:

• current stated owners;
• existing vesting;
• legal description;
• assessor or parcel information;
• recording references; and
• other property information appearing in that instrument.

Neither TBN nor the Reviewing Attorney is undertaking a complete examination of the chain of title merely by reviewing that deed.

THE STANDARD SERVICE DOES NOT INCLUDE A TITLE SEARCH, TITLE EXAMINATION, ABSTRACT OF TITLE, TITLE INSURANCE, OR CERTIFICATION OF OWNERSHIP.

Unless specifically included in a separate written engagement, neither TBN nor the Reviewing Attorney undertakes to independently determine whether:

• the supplied deed is actually the most recently recorded deed;
• the identified grantor remains the current owner;
• another conveyance has subsequently been recorded;
• liens or judgments affect the property;
• easements or restrictions exist;
• probate, marital or creditor claims affect title;
• legal descriptions in prior instruments are accurate;
• the chain of title contains defects; or
• title is marketable or insurable.

Neither TBN nor the Reviewing Attorney acts as a title insurer.

The Customer should obtain a title report, title examination or title insurance where independent confirmation of ownership or title status is important.

You represent that the information you provide is accurate and complete to the best of your knowledge.

You agree to disclose known information that could materially affect the requested transfer, including subsequent deeds, ownership changes, deaths of owners, marriages or divorces, probate proceedings, trust changes, entity changes, or disputes concerning ownership.

You are responsible for reviewing names, addresses, property information and the stated objective of the transfer before execution.

You represent that you have authority to provide TBN and the Reviewing Attorney with all documents, personal information and instructions submitted in connection with the matter.

If you are acting for another individual, trust, law firm, business or organization, you represent that you are authorized to act on its behalf for purposes of the order.

Attorney review is intended to increase the likelihood that the deed satisfies applicable substantive and recording requirements.

Neither TBN nor the Reviewing Attorney guarantees that any recorder, clerk, register of deeds, land court or governmental authority will accept an instrument on its initial submission.

Recording offices may independently interpret their requirements, reject documents, request supplemental materials or modify administrative procedures.

If an instrument is rejected solely because of a correctable formatting or drafting issue within the original scope, TBN will coordinate reasonable correction and resubmission without an additional TBN service fee.

Government charges, recording fees, taxes, newly required documents, substantive transaction changes and work outside the original scope may incur additional fees.

Your quoted price may contain separate components for:

1. TBN administrative, technology, fulfillment and coordination services;
2. attorney legal services; and
3. third-party or governmental costs.

Where permitted, TBN may collect the applicable amounts and remit the agreed attorney fee to the Reviewing Attorney on your behalf.

The attorney's fee is for legal services. TBN's compensation is for TBN's separate services and is not compensation for influencing the attorney's legal judgment.

The Reviewing Attorney retains complete independence concerning legal advice and approval of the deed.

Third-party payment of attorney compensation generally requires informed client consent, protection of confidentiality and preservation of the attorney's independent professional judgment under ABA Model Rule 1.8(f), although each state's rules must independently be evaluated.

Refund rights are subject to the order terms and applicable law.

Before work begins, TBN may refund amounts paid less nonrecoverable third-party costs already incurred.

Once administrative work, attorney review, deed preparation, retrieval, filing or other ordered services have begun, amounts attributable to completed services may be nonrefundable to the extent permitted by applicable law.

Any attorney fee must be handled in accordance with the professional-conduct and client-fund rules applicable to the Reviewing Attorney.

You must provide accurate account information and maintain the confidentiality of your credentials.

You are responsible for activity conducted through your account to the extent permitted by law.

You agree to promptly notify TBN of suspected unauthorized account access.

TBN may suspend or terminate access reasonably believed to involve fraud, security threats, unlawful activity, misuse of the Site or material violation of these Terms.

TBN grants you a limited, revocable, nonexclusive and nontransferable right to access the Site for legitimate personal or business use connected with TBN Services.

You may not:

• scrape or systematically extract Site content;
• reverse engineer Site software except where prohibited by law;
• circumvent security controls;
• introduce malware or harmful code;
• impersonate another user;
• use the Site for unlawful activity;
• use another person's credentials without authorization;
• reproduce TBN's website or workflow for a competing service;
• remove copyright or proprietary notices; or
• falsely imply sponsorship or affiliation with TBN.

Except for Customer Materials and third-party materials, the Site and its underlying software, design, text, graphics, workflows, databases, logos, trademarks, questionnaires, instructional materials and proprietary templates are owned by or licensed to TBN and are protected by applicable intellectual-property laws.

No ownership interest is transferred merely because you access or use the Site.

Completed Customer Documents

Nothing in these Terms prevents you from copying, storing, transmitting, recording or otherwise using a completed deed or other completed document delivered for your matter.

TBN claims no right to prevent lawful use of the completed document for the transaction for which it was produced.

You retain whatever ownership rights you have in documents and information uploaded to the Site (“Customer Materials”).

You grant TBN a nonexclusive license to host, copy, transmit, format and provide Customer Materials to employees, contractors, Reviewing Attorneys, recording providers and other service providers only as reasonably necessary to provide the ordered Services, comply with law, maintain records, or protect TBN's legal rights.

TBN will handle personal information in accordance with its applicable Privacy Policy.

You authorize TBN to share information reasonably necessary to complete the requested transaction with the Reviewing Attorney, notaries, witnesses, title or deed retrieval providers, recording providers, governmental agencies and other vendors involved in fulfilling your order.

Attorney-client privileged information remains subject to the legal and ethical obligations governing the Reviewing Attorney.

You consent to communications concerning your order by email, text message, electronic portal, electronic signature platform and other electronic means you provide or authorize.

You are responsible for maintaining accurate contact information.

TBN may use independent service providers for attorney services, payments, electronic signatures, notarization, shipping, document retrieval, recording, cloud storage and related functions.

Links to third-party websites are provided for convenience and do not constitute TBN's endorsement or control of those websites.

TBN does not warrant that the Site will always operate uninterrupted, error-free or free from harmful software.

You should maintain copies of important documents independently of the Site.

Unless TBN expressly offers a separate archival or custodial service, the Site should not be relied upon as the Customer's sole permanent repository.

EXCEPT FOR EXPRESS COMMITMENTS CONTAINED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, TBN PROVIDES ITS WEBSITE, TECHNOLOGY AND ADMINISTRATIVE SERVICES “AS IS” AND “AS AVAILABLE.”

TBN DOES NOT WARRANT THAT INFORMATION DISPLAYED GENERALLY ON THE SITE WILL BE COMPLETE, CURRENT OR APPROPRIATE TO EVERY TRANSACTION.

This disclaimer does not limit obligations that applicable law makes nonwaivable and does not limit a Reviewing Attorney's independent professional obligations to the attorney's client.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TBN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, ARISING FROM TBN'S WEBSITE OR ADMINISTRATIVE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TBN'S AGGREGATE LIABILITY ARISING FROM A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT PAID TO TBN FOR TBN'S SERVICES ASSOCIATED WITH THAT ORDER.

This limitation:

• applies only to TBN;
• does not purport to limit a Reviewing Attorney's professional liability;
• does not apply where such limitation is prohibited by law; and
• does not exclude liability that cannot legally be waived.

To the extent permitted by law, you agree to indemnify, defend and hold harmless TBN and its officers, directors, employees and agents from third-party claims, losses and reasonable costs arising from:

1. materially false or misleading information supplied by you;
2. your submission of documents or information without authority;
3. your unlawful use of the Site;
4. your material breach of these Terms;
5. your infringement of another person's intellectual-property or privacy rights; or
6. your unauthorized alteration or misuse of a completed document after delivery.

This indemnification does not require you to indemnify TBN for TBN's own fraud, willful misconduct or liability that applicable law prohibits TBN from shifting to you, and does not indemnify the Reviewing Attorney against professional malpractice.

TBN may modify Site functionality, workflows, vendors or available Services.

A material change to these Terms will apply prospectively after the updated Terms become effective, except where law permits otherwise.

Changes will not retroactively expand the scope of a Reviewing Attorney's representation for an existing matter.

TBN may terminate or suspend an account for material breach, fraud, misuse, security concerns, nonpayment or unlawful activity.

Provisions concerning payment obligations, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability and dispute resolution survive termination where applicable.

These Terms and disputes concerning TBN's nonlegal services will be governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent another jurisdiction's law must apply.

Subject to mandatory law, disputes concerning TBN shall be brought in the state or federal courts serving San Mateo County, California.

The attorney-client relationship and Reviewing Attorney's professional obligations remain governed by the law and professional rules applicable to that attorney and matter.

If a provision is found unenforceable, it shall be limited or severed to the minimum extent necessary while the remaining Terms remain effective.

Failure to enforce a provision does not constitute waiver of that provision or any later breach.

You may not assign your account or rights under these Terms without TBN's written consent.

TBN may assign these Terms in connection with a merger, acquisition, corporate reorganization or transfer of substantially all assets associated with the Services, subject to applicable law.

These Terms, the applicable order confirmation, Privacy Policy and any matter-specific agreements constitute the agreement between you and TBN concerning the applicable Services.