Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Zamplo Data Inc. (“TitleReport.org,” “we,” “us” or “our”) governing your use of titlereport.org (the “Site”) and any report you order (a “Report”). By using the Site or placing an order you agree to these Terms. If you do not agree, do not use the Site.

Please read Sections 4, 5, 6, 7 and 12 carefully. They limit our liability, disclaim warranties, make all sales final and require individual arbitration of disputes and a waiver of class actions and jury trials.

1. The service

We compile informational property records reports, known as Current Owner & Encumbrance (O&E) reports, from public records (including county recorder, assessor, appraisal-district and tax collector records, court indexes and government lists) and licensed third-party data sources, as of the effective and search dates stated in the Report. Report contents vary by county and by the records available. We use commercially reasonable efforts to locate and include relevant recorded information, but we do not guarantee that any particular record, document or category of information will be found or included.

2. What a Report is not

A REPORT IS NOT TITLE INSURANCE, A TITLE INSURANCE COMMITMENT, BINDER OR POLICY, A PRELIMINARY TITLE REPORT ISSUED BY A TITLE INSURER, AN ABSTRACT OF TITLE, A TITLE OPINION, A CERTIFICATE OF TITLE, A SURVEY, AN APPRAISAL OR LEGAL, TAX OR FINANCIAL ADVICE.

No title insurer stands behind any Report. We are not a title insurer, title agent, abstracter, escrow or closing agent, surveyor or law firm, and no attorney-client, fiduciary or agency relationship is created by your use of the Site. Nothing on the Site or in a Report is a representation about the marketability, insurability or condition of title.

3. Your responsibilities; no reliance

You are solely responsible for how you use a Report. You agree not to rely on a Report to buy, sell, lend against, refinance, insure, close on, or make any other decision that depends on the condition of title. Before any such decision you will obtain a title commitment and title insurance policy from a licensed title agency or insurer and/or retain a real estate attorney licensed in the state where the property is located. You are responsible for verifying any information in a Report with the original records and the relevant government offices. You are solely responsible for complying with all laws that apply to your use of a Report, including the Fair Credit Reporting Act, Fair Housing laws and U.S. Treasury / FinCEN real estate reporting requirements.

Permissible use. Reports are not consumer reports and may not be used, in whole or in part, as a factor in determining any person's eligibility for credit, insurance, employment, housing or any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.).

4. Limitations of public records

Public records can be incomplete, inaccurate, mis-indexed, mis-posted or delayed. A Report may not reflect, among other things: matters recorded after the effective date or outside the search period; unrecorded deeds, leases, liens, easements, agreements or interests; boundary, survey, encroachment, access or acreage issues; zoning, land-use, subdivision or permitting matters; HOA, municipal, utility, code-enforcement or special-assessment liens; federal or state tax liens or judgments not indexed against the names searched; mechanics' liens not yet recorded; environmental conditions; rights of parties in possession; or defects in prior conveyances. Name-based searches may return records for unrelated persons with similar names and may miss records filed under other names or spellings. Tax figures are estimates as of the date retrieved. Copies of records are reproduced as obtained and we make no representation as to their accuracy.

5. Disclaimer of warranties

THE SITE AND ALL REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT A REPORT IS FREE OF ERRORS OR OMISSIONS, INCLUDING ERRORS OR OMISSIONS RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR DATA SOURCES OR CONTRACTORS.

6. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, A REPORT OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND NEGLIGENT MISREPRESENTATION), STRICT LIABILITY OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC REPORT GIVING RISE TO THE CLAIM; AND (B) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OPPORTUNITY, PROPERTY VALUE, FINANCING, DATA OR GOODWILL, EVEN IF ADVISED OF THEIR POSSIBILITY. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND ARE AN ESSENTIAL BASIS OF THE PRICE OF A REPORT.

Florida properties. THIS REPORT IS NOT TITLE INSURANCE. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this property information report for errors or omissions in this property information report is limited to the amount paid for this property information report, and is further limited to the person(s) expressly identified by name in the property information report as the recipient(s) of the property information report.

Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the smallest amount permitted by law.

7. Orders, pricing, delivery and no refunds

In-person research. Each Report is priced at $99. If, after you order, we determine that a property's records can only be obtained by in-person research at the county (“boots on the ground”), we will notify you before performing that research and offer to continue for an additional fee (currently $100). If you accept and pay, the estimated delivery for that Report becomes 3–7 business days from acceptance. If you decline, or do not accept within 14 days, we will cancel that Report and refund the amount you paid for it; that refund is your sole remedy for that Report.

Prices are shown before checkout and are set by county. We may change prices at any time before you place an order. Your order is an offer that we may accept or decline; if we decline before beginning research we will not charge you or will refund the charge. Delivery times are good-faith estimates only and are not guaranteed; delays caused by county offices, record availability, weather, system outages or other causes outside our control are not a breach of these Terms. A Report is delivered when we email it, or make it available for download, to the email address you provided. You are responsible for providing an accurate property identification (address, county and APN) and email address; a Report prepared for the property you identified is a completed order even if you identified the wrong property.

ALL SALES ARE FINAL. Because each Report is researched to order, payments are non-refundable and non-cancellable once research has begun, except that we may, at our sole discretion, issue a full or partial refund or credit. Our decision to grant a refund in one case does not obligate us to do so in any other. See our Refund Policy. You agree to contact us at [email protected] and allow us a reasonable opportunity to resolve any concern before initiating a payment dispute or chargeback.

8. Recipient and license

A Report is prepared solely for the person(s) named on the order. No other person may rely on it, and we owe no duty to any third party. We grant you a limited, non-exclusive, non-transferable license to use each Report for your own internal purposes. You may not resell, redistribute, publish or use Reports (or the Site) to build a database or competing product, and you may not scrape, crawl or use automated means to order from or copy the Site except as we expressly permit.

9. Indemnification

You will defend, indemnify and hold harmless TitleReport.org, Zamplo Data Inc. and their affiliates, owners, officers, employees, contractors and data providers from any claim, loss, liability, damage, cost or expense (including reasonable attorneys' fees) arising out of or relating to your use of a Report or the Site, any reliance on a Report by you or any third party to whom you provide it, or your breach of these Terms or of law.

10. Privacy

Our Privacy Policy explains how we handle personal information and is part of these Terms.

11. Intellectual property

The Site, our trademarks, report formats and compilations are owned by us or our licensors. Public records themselves are not claimed as our property.

12. Governing law and dispute resolution

Governing law. These Terms, the Site and every Report are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before starting any proceeding you agree to email [email protected] with a description of the dispute and to negotiate in good faith for 30 days.

Binding arbitration. To the fullest extent permitted by law, any dispute, claim or controversy arising out of or relating to the Site, a Report or these Terms will be finally resolved by confidential arbitration before a single arbitrator administered by the Vancouver International Arbitration Centre under its rules then in effect. The seat of arbitration is Vancouver, British Columbia; hearings may be held by video conference; the language is English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim within the monetary limit of the British Columbia Civil Resolution Tribunal or Small Claims Court.

Class and jury waiver: to the fullest extent permitted by law, claims may be brought only on an individual basis, and you waive any right to participate in a class, collective or representative proceeding and any right to a jury trial.

Venue. Subject to the arbitration clause, the courts of British Columbia sitting in Vancouver have exclusive jurisdiction, and you attorn to that jurisdiction.

Time limit. To the extent permitted by law, any claim must be commenced within one (1) year after the Report was delivered, or it is permanently barred.

Where the law says otherwise. If a law that applies to you (for example, a consumer protection law of your state, province or country) does not permit any part of this Section or of Sections 5–7 to apply to you, that part applies to the maximum extent permitted and the remainder continues to apply.

13. General

We may update these Terms by posting a new version; the version in effect when you place an order governs that order. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may. These Terms, together with the Privacy Policy, Disclaimer and Refund Policy, are the entire agreement between you and us regarding their subject matter. Sections 2–9, 11, 12 and 13 survive delivery of any Report.

14. Contact

Zamplo Data Inc., British Columbia, Canada · [email protected]