Indemnification and Limitation of Liability Statement

eFILERECORDER.COM

Indemnification and Limitation of Liability Statement

Effective Date: January 1, 2025

  1. Acceptance of Terms

By submitting documents to eFileRecorder.com (“Company,” “we,” “us,” or “our”) for recording or filing, or by using any service offered through eFileRecorder.com, the customer (“Customer,” “you,” or “your”) acknowledges having read, understood, and agreed to be legally bound by this Indemnification and Limitation of Liability Statement (“Agreement”). If you do not agree to these terms, do not use our services.

This Agreement applies to all services provided by eFileRecorder.com, including but not limited to electronic document recording, document preparation, document submission, courier services, and any related or ancillary services.

  1. Nature of Services — Document Preparation and Submission Only

eFileRecorder.com is a document preparation, submission and recording facilitation service only. We are not a law firm, title company, escrow company, notary service, or licensed legal services provider. We do not provide legal advice, title opinions, escrow services, or any representation regarding the legal sufficiency, validity, enforceability, or effect of any document submitted to us.

The Customer is solely responsible for:

  • Ensuring that all documents submitted are accurate, complete, properly executed, notarized where required, and legally sufficient for their intended purpose
  • Verifying that the document type and content comply with all applicable federal, state, and local laws, regulations, and county recorder requirements
  • Confirming that all parties to the transaction have authorized the recording or filing of the submitted documents
  • Ensuring that any Transfer Tax Affidavit, Preliminary Change of Ownership Report (PCOR), or other required accompanying forms are properly completed and included
  1. No Warranty of Acceptance

eFileRecorder.com provides its services on an “as is” and “as available” basis. We make no representations, warranties, or guarantees, express or implied, regarding:

  • Whether any document will be accepted, recorded, or filed by any county recorder, governmental agency, or other authority
  • The timing of acceptance, recording, or filing by any governmental agency
  • The legal effect, priority, or enforceability of any recorded document
  • The accuracy or completeness of any recording information returned by a governmental agency
  • The uninterrupted or error-free operation of our electronic submission platform or any third-party eRecording network

eFileRecorder.com expressly disclaims all express and implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights.

  1. Reasons for Rejection — Not Our Liability

Documents submitted for recording may be rejected by the county recorder or governmental agency for reasons entirely outside our control, including but not limited to:

  • Incomplete, illegible, or improperly formatted documents
  • Missing or defective notarization or acknowledgment
  • Incorrect or missing recording fees, transfer taxes, or documentary stamps
  • Missing required forms such as PCOR or Transfer Tax Affidavit
  • Document does not meet margin, font size, or formatting requirements
  • Property description errors or APN discrepancies
  • Outstanding liens, holds, or encumbrances on the property
  • Technical issues with county recorder systems or eRecording networks
  • Changes in county recorder policies or requirements

In the event of rejection, eFileRecorder.com will make reasonable efforts to notify the Customer promptly. However, eFileRecorder.com shall not be liable for any damages, losses, or costs arising from rejection, including but not limited to recording priority disputes, financial losses, legal fees, or transaction delays.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

5.1 eFileRecorder.com’s total aggregate liability to Customer for any and all claims arising out of or related to this Agreement or the services provided hereunder — whether in contract, tort (including negligence), strict liability, or otherwise — shall not exceed the total service fees actually paid by Customer to eFileRecorder.com in the twelve (12) months immediately preceding the event giving rise to the claim, or One Hundred Dollars ($100.00), whichever is greater.

5.2 eFileRecorder.com shall not be liable for any:

  • Loss of profits, revenue, business, or anticipated savings
  • Loss of data, documents, or information
  • Loss of goodwill or reputation
  • Indirect, incidental, special, punitive, exemplary, or consequential damages of any kind
  • Damages arising from third-party claims
  • Damages arising from delays in recording or rejection by any governmental agency
  • Damages arising from eRecording network outages or system failures
  • Damages arising from changes in law, regulation, or governmental policy

— regardless of whether eFileRecorder.com has been advised of the possibility of such damages, and regardless of the theory of liability asserted.

5.3 The limitations in this Section 5 apply even if any limited remedy fails of its essential purpose.

  1. Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless eFileRecorder.com and its officers, directors, employees, agents, successors, assigns, parents, subsidiaries, and affiliates (“Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  • Any document submitted by Customer that is inaccurate, incomplete, falsified, fraudulent, forged, or unauthorized
  • Customer’s breach of any representation, warranty, or obligation under this Agreement
  • Customer’s violation of any applicable federal, state, or local law or regulation
  • Any claim by a third party arising from the recording or attempted recording of Customer’s documents
  • Customer’s unauthorized use of another person’s identity, property information, or legal authority
  • Any transaction, transfer, or encumbrance that Customer causes to be recorded or filed through eFileRecorder.com
  1. Fraudulent, False, or Altered Documents

In the event that Customer submits documents to eFileRecorder.com for recording that are determined by any governmental agency, court, or law enforcement authority to be false, fraudulent, forged, altered, or unauthorized, Customer shall be fully liable to eFileRecorder.com for all resulting damages, costs, penalties, and expenses.

Because the actual damages in such circumstances may be impracticable or extremely difficult to determine, the parties agree that liquidated damages in the amount of Five Thousand Dollars ($5,000.00) per document shall be assessed for each such document submitted, which the parties agree represents a reasonable estimate of the damages likely to result. This liquidated damages provision shall not be construed to limit any other remedy available to eFileRecorder.com at law or in equity.

Customer expressly acknowledges that submitting false or fraudulent documents for recording may constitute a criminal offense under California Penal Code § 115 and other applicable laws, and that eFileRecorder.com reserves the right to report such activity to appropriate law enforcement authorities.

  1. Third-Party eRecording Networks

eFileRecorder.com utilizes third-party electronic recording delivery networks to transmit documents to county recorders. eFileRecorder.com is not responsible for delays, errors, failures, or rejections caused by such third-party networks, county recorder systems, or any other party outside our direct control. Customer’s sole remedy for service failures attributable to third-party networks shall be a credit of the eFileRecorder.com service fee for the affected transaction.

  1. Force Majeure

eFileRecorder.com shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, war, terrorism, civil unrest, power failures, internet outages, eRecording network failures, or changes in applicable law or governmental policy.

  1. Dispute Resolution

Any dispute arising out of or relating to this Agreement or the services provided by eFileRecorder.com shall be resolved by binding arbitration administered in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules, conducted in Los Angeles County, California. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: Customer waives any right to participate in a class action lawsuit or class-wide arbitration against eFileRecorder.com.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California.

  1. Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

  1. Entire Agreement

This Agreement, together with any order confirmation, service agreement, or terms of service presented at the time of purchase, constitutes the entire agreement between Customer and eFileRecorder.com with respect to indemnification and limitation of liability, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties on these subjects.

  1. Modifications

eFileRecorder.com reserves the right to modify this Agreement at any time. Changes will be posted to efilerecorder.com with a revised effective date. Continued use of our services following such posting constitutes Customer’s acceptance of the modified Agreement.

eFileRecorder.com is a document preparation and recording facilitation service. We are not attorneys and do not provide legal advice. Customers are encouraged to consult with a licensed attorney regarding the legal sufficiency of their documents prior to submission.

eFileRecorder.com Northridge CA 91343 (866) 896-FILE (3453) info@efilerecorder.com