Terms

Terms of Use

Welcome to FORTRESS Escrow (“Company,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, platforms, applications, escrow services, communication channels, and any related tools or resources (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

1. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement. By using our Services, you represent that all information you provide is accurate and complete.

2. Escrow Services

FORTRESS Escrow acts as a neutral third party to facilitate real estate and/or financial transactions as permitted by applicable law.

2.1 Scope of Services

Our Services may include, without limitation:

  • Receiving, holding, and disbursing funds in accordance with written instructions;
  • Document preparation, collection, and management;
  • Transaction coordination among parties to the transaction;
  • Communications with buyers, sellers, agents, lenders, and other authorized participants.

2.2 No Legal, Tax, or Financial Advice

We do not provide legal, tax, investment, real estate brokerage, or financial advice. You should consult qualified professionals for such services. Your use of our Services does not create an attorney–client, tax advisor–client, or financial advisor–client relationship.

3. User Responsibilities

You agree that you will:

  • Provide accurate, complete, and truthful information at all times;
  • Comply with all applicable laws, regulations, and rules;
  • Use our Services only for lawful transactions and purposes;
  • Not misuse, interfere with, disrupt, or attempt unauthorized access to our systems, networks, or data;
  • Carefully review and verify the accuracy of any instructions you provide to FORTRESS Escrow.

You are responsible for ensuring that all escrow instructions and transaction information you provide are correct and consistent with your agreements with other transaction parties.

4. Privacy & Data Security

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and safeguard your information. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

We implement commercially reasonable measures to protect your data; however, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

5. Electronic Communications & E-Signatures

By using the Services, you consent to receive electronic communications from us, including emails, messages, notifications, and electronic documents related to your transaction.

To the fullest extent permitted by law, you agree that electronic signatures, electronic records, and electronic disclosures used or provided through our Services are legally binding and satisfy any legal requirements for written documents and signatures.

6. Fees & Payments

Fees for escrow and related services will be disclosed in your escrow instructions, settlement statements, fee schedules, or other written agreements.

You agree to pay all applicable fees and charges associated with your transaction. Failure to pay required amounts when due may result in delays, suspension of services, or cancellation of your escrow.

7. Intellectual Property

All content and materials available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and design, are owned by or licensed to FORTRESS Escrow and are protected by intellectual property laws.

You may not reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or use any portion of the Services or content for commercial or public purposes without our prior written consent.

8. Prohibited Conduct

You agree that you will not:

  • Use the Services for any unlawful, fraudulent, or deceptive purpose;
  • Provide or submit false, misleading, or inaccurate information in connection with any transaction;
  • Engage in any activity that may constitute money laundering, terrorist financing, or other illegal financial activity;
  • Attempt to gain unauthorized access to our systems, accounts, or data, or to the accounts or data of other users;
  • Interfere with or disrupt the normal operation of the Services;
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity.

9. Third-Party Services & Links

The Services may contain links to or integrations with third-party websites, tools, or services. FORTRESS Escrow does not control and is not responsible for the content, policies, or practices of any third-party site or service.

Your use of third-party services is at your own risk and may be subject to the terms and privacy policies of those third parties.

10. Disclaimers

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory.

FORTRESS Escrow expressly disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

11. Limitation of Liability

To the maximum extent permitted by law, FORTRESS Escrow and its officers, directors, employees, agents, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

To the extent permitted by law, FORTRESS Escrow’s total aggregate liability for any claim arising out of or related to the Services or these Terms shall not exceed the total amount of fees actually paid to FORTRESS Escrow for the specific transaction giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless FORTRESS Escrow and its officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your breach of these Terms;
  • Your misuse or unauthorized use of the Services;
  • Any inaccurate, fraudulent, or unlawful information you provide to us or to other transaction parties;
  • Your violation of any applicable law or the rights of any third party.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe that:

  • You have violated these Terms or any applicable law;
  • Your actions create risk or potential legal exposure for FORTRESS Escrow or others;
  • We are required to do so by law, regulation, or a governmental authority.

Upon termination of your access to the Services, provisions of these Terms that by their nature should survive termination (including those regarding fees, indemnification, limitation of liability, and intellectual property) will continue in full force and effect.

14. Governing Law & Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

14.1 Arbitration (Optional)

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration conducted in California, before a single arbitrator, in accordance with the rules of a recognized arbitration organization mutually agreed upon by the parties.

You and FORTRESS Escrow agree to waive any right to a jury trial or to participate in a class action or representative proceeding with respect to any dispute covered by this arbitration agreement. If you do not wish to agree to arbitration, please consult with an attorney about modifying this clause before using the Services.

15. Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. Changes are effective when posted unless otherwise specified.

Your continued use of the Services after any changes to these Terms will constitute your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.