All Documents
Taking Title, LLC
Platform Disclaimers
Important disclaimers regarding the nature and limitations of the Taking Title platform and services.
Introduction
The following disclaimers apply to all Users of the Taking Title, LLC platform (the "Platform") and are incorporated by reference into the Terms and Conditions of Use, the User Agreement - Title Company / Platform Participant, and the User Agreement - Client. By accessing or using the Platform in any manner, you acknowledge and agree to each of the following disclaimers. These disclaimers apply to the maximum extent permitted by applicable Maryland and federal law. Certain rights may not be waivable under applicable law, and nothing in these disclaimers is intended to waive any such rights.
No Legal Advice
Taking Title, LLC is a technology company. Taking Title is not a law firm, does not employ attorneys in a capacity that creates an attorney-client relationship with Platform Users, and does not provide legal advice, legal opinions, or legal services of any kind through the Platform. No content, document, template, form, communication, or other material available on or through the Platform constitutes, or should be construed as, legal advice or a legal opinion. No attorney-client relationship is created between any User and Taking Title by virtue of any User's access to or use of the Platform or any communication with Taking Title through the Platform.
Users who have questions regarding the legal aspects of their real estate transaction, title insurance, property rights, closing procedures, or any other legal matter are strongly encouraged to consult with a licensed Maryland attorney. The Maryland State Bar Association (www.msba.org) provides a lawyer referral service that may be of assistance.
No Title Insurance or Settlement Services
Taking Title, LLC is not a title insurance company, title insurance producer, settlement agent, or abstracting company. Taking Title does not underwrite, issue, or guarantee title insurance policies. Taking Title does not conduct real estate closings, settlement services, or abstracting services. All title-related professional services, including the issuance of title insurance commitments and policies, the conduct of title examinations and searches, the performance of real estate settlements, and the disbursement of closing funds, are performed exclusively by the licensed Company User with which the Client User is working, not by Taking Title.
Taking Title makes no representation or warranty regarding the quality, accuracy, or completeness of any title examination, search, or insurance coverage provided by any Company User. Taking Title is not responsible for the professional services rendered by any Company User and shall bear no liability arising from the acts or omissions of any Company User. Company Users operating on the Platform are independently licensed by the Maryland Insurance Administration. Taking Title does not supervise, regulate, or direct the professional activities of Company Users and is not responsible for ensuring that Company Users comply with their licensing obligations or applicable professional standards.
No Financial Services, Wire Instructions, or Monetary Transactions
⚠ Critical Warning
THE PLATFORM DOES NOT PROCESS, HOLD, TRANSMIT, FACILITATE, OR CLEAR ANY FINANCIAL TRANSACTIONS, MONETARY PAYMENTS, WIRE TRANSFERS, ESCROW FUNDS, CLOSING FUNDS, EARNEST MONEY DEPOSITS, REAL ESTATE COMMISSIONS, OR ANY OTHER FINANCIAL INSTRUMENTS OR MONETARY AMOUNTS OF ANY KIND. TAKING TITLE IS NOT A BANK, FINANCIAL INSTITUTION, MONEY TRANSMITTER, PAYMENT PROCESSOR, ESCROW AGENT, OR FIDUCIARY WITH RESPECT TO ANY FUNDS.
Any wire transfer instructions, banking information, escrow account details, or requests for funds that appear to originate from the Platform, a Taking Title email address, or any communication purporting to be from Taking Title should be treated as suspicious and potentially fraudulent. TAKING TITLE WILL NEVER SEND WIRE TRANSFER INSTRUCTIONS, BANKING ACCOUNT NUMBERS, ROUTING NUMBERS, OR REQUESTS FOR FUNDS THROUGH THE PLATFORM OR BY ANY OTHER MEANS. CRITICAL NOTICE REGARDING WIRE INSTRUCTIONS POSTED BY TITLE COMPANIES: Even if wire transfer instructions appear within the Platform and appear to have been posted or uploaded by a legitimate Title Company, such instructions HAVE NOT BEEN VERIFIED BY TAKING TITLE. The Platform has no ability to authenticate, confirm, or validate the accuracy of wire transfer instructions regardless of their apparent source. Title Companies are prohibited under their Platform agreements from transmitting wire instructions through the Platform. The appearance of wire instructions within the Platform - from any source - should be treated as unverified and potentially fraudulent.
ALL PARTIES MUST INDEPENDENTLY VERIFY WIRE TRANSFER INSTRUCTIONS by contacting the relevant party directly by telephone using a number independently confirmed from a trusted source entirely separate from the Platform or any email communication. Wire transfers sent to incorrect accounts as a result of fraud or error are typically irreversible. Taking Title bears no responsibility for any financial loss, misdirected funds, or wire fraud resulting from any party's use of or reliance on information appearing in the Platform.
Real estate wire fraud - in which fraudsters intercept or spoof closing communications to redirect wire transfers - is a serious and widespread criminal scheme. Taking Title strongly urges all Client Users to independently verify all wire transfer instructions by calling their settlement agent or title company directly, using a telephone number independently confirmed through a source other than the communication purportedly containing the instructions. Taking Title shall bear no liability for any financial loss arising from wire fraud, social engineering, or any other fraudulent scheme, regardless of the manner in which the fraud is perpetrated.
No Financial Advice or Investment Advice
No content, communication, or material available on or through the Platform constitutes financial advice, investment advice, accounting advice, tax advice, or recommendations regarding any financial product, investment, or transaction. Taking Title is not a registered investment adviser, broker-dealer, financial planner, or tax adviser under any applicable federal or Maryland state law.
Platform Provided "As Is" — No Warranty
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, TAKING TITLE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
- Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
- Any warranty that the Platform will operate without interruption, error, or defect, or that any defects will be corrected;
- Any warranty regarding the accuracy, completeness, reliability, currency, or suitability of any information, document, or content available on or through the Platform;
- Any warranty that the Platform or any server or network through which the Platform is accessible is free of viruses, malware, or other harmful components; and
- any warranty that the Platform will meet any User's specific requirements or achieve any particular result.
Some jurisdictions, including certain provisions of Maryland consumer protection law, do not permit the exclusion of implied warranties in certain contexts. To the extent that any implied warranty cannot be disclaimed under applicable law, the duration of any such warranty is limited to the minimum period permitted by applicable law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, IN NO EVENT SHALL TAKING TITLE, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION:
- Loss of data, loss of profits, loss of revenue, loss of business, or loss of goodwill;
- Financial losses, including without limitation losses arising from wire fraud, identity theft, or unauthorized access to Accounts or Client Data;
- Errors, omissions, or inaccuracies in documents or information submitted through the Platform;
- The acts or omissions of any Company User in the performance of professional services;
- Any interruption, suspension, or termination of the Platform;
- Unauthorized access to or alteration of User Content or Account data; or
- Any other matter relating to the Platform or your Transaction.
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Taking Title has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the foregoing limitations may not apply to you.
Data Security Limitations
While Taking Title implements commercially reasonable security measures, including encryption of data at rest and in transit and mandatory Two-Factor Authentication for Authorized Users (Company User staff accounts; Client Users accessing the Platform through Guest Access are not subject to 2FA and are secured by magic links, document-level passwords, and the non-persistent nature of the Guest portal, as described in the applicable User Agreement), no data security system is impenetrable or completely secure. Taking Title does not warrant or represent that the Platform is immune from unauthorized access, data breaches, cyberattacks, or other security incidents. In the event of a data security incident, Taking Title will comply with applicable Maryland breach notification requirements under the Maryland Personal Information Protection Act (Md. Code, Com. Law §§ 14-3501 et seq.). Users are responsible for maintaining the security of their own Account credentials and 2FA devices (where applicable), magic-link emails, and document-level passwords. Taking Title shall not be liable for any unauthorized access to a User's Account resulting from the User's failure to maintain credential security or comply with applicable authentication requirements (including 2FA for Authorized Users and magic link / document password protocols for Client Users).
Third-party Content and Services
The Platform may contain links to or integrations with third-party websites, services, or content. Taking Title does not control, endorse, or assume responsibility for any third-party content, website, service, product, or practice. Third-party websites and services are governed by their own terms and privacy policies, and Taking Title encourages Users to review such policies before engaging with third-party services. Taking Title shall bear no liability for any loss or damage arising from a User's use of any thirdparty website, service, or content.
Accuracy of Information on Platform
While Taking Title endeavors to provide accurate and current information on the Platform, Taking Title makes no representation or warranty regarding the accuracy, completeness, currency, or reliability of any information, document, or content available on or through the Platform. Information on the Platform may contain errors, omissions, or outdated content. Users are encouraged to independently verify all material information and to consult with qualified professionals before making any decisions in reliance on Platform content.
Regulatory and Legal Compliance — User Responsibility
Company Users are solely responsible for ensuring that their use of the Platform and all services they provide to Clients comply with all applicable Maryland and federal laws and regulations, including without limitation the Maryland Insurance Article (Md. Code, Ins. Art.), the Maryland Real Estate Brokers Act, RESPA, the Gramm-Leach-Bliley Act, the Maryland Personal Data Privacy Act, and all regulations, bulletins, and guidance issued by the Maryland Insurance Administration. Taking Title does not monitor or supervise Company Users' regulatory compliance and makes no representation that use of the Platform satisfies any regulatory obligation.
Client Users are responsible for ensuring that their use of the Platform complies with all applicable law and that all information and documents they submit are accurate, lawfully obtained, and submitted with appropriate authorization.
Geographic Limitation
The Platform is designed, operated, and made available exclusively for use in connection with real estate title transactions occurring within the State of Maryland. Taking Title makes no representation or warranty that the Platform complies with the laws of any jurisdiction other than Maryland. Users who access the Platform from outside of Maryland or in connection with transactions occurring outside of Maryland do so at their own risk and are solely responsible for compliance with applicable law in such jurisdiction.
No Agency or Fiduciary Relationship
Nothing in these Disclaimers, the Terms and Conditions, any User Agreement, or any other document or communication relating to the Platform creates an agency, employment, joint venture, partnership, or fiduciary relationship between Taking Title and any User. Company Users are independent professionals and not agents, employees, or representatives of Taking Title. Taking Title owes no fiduciary duty to any User.
Plaid Identity Verification Disclaimer
The Platform integrates with Plaid, Inc. (“Plaid”) for identity verification purposes. Taking Title makes no representation or warranty regarding the accuracy, reliability, completeness, or timeliness of any identity verification result provided by Plaid. Plaid's services are subject to Plaid's own terms of service and privacy policy, which are independent of this Platform and over which Taking Title exercises no control. Taking Title is not liable for:
- Any error, failure, delay, or inaccuracy in any Plaid verification result;
- Any financial loss, transaction failure, or dispute arising from reliance on a Plaid verification result;
- Any unauthorized access to or misuse of information submitted to Plaid; or
- Any interruption or unavailability of Plaid's services. Plaid identity verification is a supplementary tool and does not constitute a guarantee of any party's identity, authority, or legal capacity. Company Users are solely responsible for their professional judgment in connection with any transaction, regardless of Plaid verification results. Fees for Plaid verifications are nonrefundable regardless of verification outcome.
Updates to Disclaimers
Taking Title reserves the right to modify these Disclaimers at any time. Updated Disclaimers will be posted on the Platform with a revised effective date. Your continued use of the Platform following the posting of updated Disclaimers constitutes your acceptance of the updated Disclaimers. If you do not agree to the updated Disclaimers, you must discontinue all use of the Platform.