All Documents
Taking Title, LLC
User Agreement
Client
Governs access to and use of the Taking Title platform by individual clients in connection with real estate title transactions.
Introduction
This User Agreement - Client (this "Agreement") is entered into as of the date you create an account, submit information, or otherwise access or use the Taking Title platform as a Client User (defined below), by and between Taking Title, LLC, a Maryland limited liability company ("Taking Title," "we," "us," or "our"), and you, the individual accessing the Platform in connection with a real estate title transaction ("Client User," "Client," "you," or "your"). This Agreement governs your access to and use of the Taking Title proprietary SaaS platform, portal, and related services (the "Platform"), which is operated exclusively within the State of Maryland. The Platform allows you to upload, review, and transmit documents and information to a licensed title company, settlement agent, or abstracting company (each, a "Title Company") in connection with a real estate closing, title search, or related transaction. Taking Title does not provide title insurance, legal advice, or real estate brokerage services, and does not conduct or facilitate any financial transactions.
BY CREATING AN ACCOUNT, CLICKING "I AGREE," UPLOADING ANY DOCUMENT, OR OTHERWISE ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.
Definitions
Defined Terms
- Account
- The registered account created by or for you on the Platform through which you access the services.
- Client Data
- All documents, personal information, identification records, financial disclosures, and other data you upload, submit, or transmit through the Platform.
- Maryland PDPA
- The Maryland Personal Data Privacy Act, Md. Code, Com. Law, Title 14, Subtitle 46, as amended.
- Maryland PIPA
- The Maryland Personal Information Protection Act, Md. Code, Com. Law §§ 14-3501 et seq., as amended
- Platform
- The Taking Title proprietary web-based SaaS platform, portal, mobile applications (if any), APIs, and related services provided by Taking Title
- Guest Access
- The limited, password-protected portal access provided to you as a Client User, accessed through a one-time Magic Link sent to your email address.
- Magic Link
- The one-time, time-limited secure link delivered to your registered email address that provides access to your Guest portal session.
- Title Company
- The licensed Maryland title company, settlement agent, or abstracting company that has engaged Taking Title's services and with whom you are conducting a real estate transaction.
- Transaction
- The specific real estate purchase, sale, refinance, title search, or related closing transaction in connection with which you access the Platform.
Platform Description and Limitations
Nature of Service
The Platform is a technology tool designed to facilitate the secure collection, storage, and transmission of documents and information between you and your Title Company in connection with a real estate title transaction. The Platform does not:
- Provide title insurance;
- Provide legal, financial, real estate, or tax advice;
- Process, hold, receive, or transmit any financial transactions, escrow funds, wire transfers, or monetary payments;
- Guarantee the accuracy or completeness of any title examination; or
- Act as an attorney, broker, settlement agent, or title insurer.
Relationship with Title Company
Your Title Company is solely responsible for all professional services provided to you in connection with your Transaction, including the ordering and delivery of title insurance, the conduct of real estate closings, and the handling of closing funds. Taking Title is not a party to your Transaction, is not a licensed Maryland title insurer or settlement service provider, and assumes no liability for the acts or omissions of your Title Company.
No Financial Transactions
You expressly acknowledge and agree that the Platform does not process, hold, transmit, or facilitate any financial transactions, wire transfers, escrow disbursements, or monetary payments of any kind. Any wire or payment instructions you receive in connection with your Transaction must be independently verified directly with your Title Company through a verified and independently confirmed communication channel. Taking Title shall bear no liability arising from any fraudulent wire instructions, wire fraud, or financial loss in connection with your Transaction.
Wire Fraud Warning
⚠ Critical Warning
Real estate wire fraud is a serious, widespread, and growing criminal threat. Before wiring any funds in connection with your Transaction, you must read and understand the following:
- Taking Title will NEVER send you wire transfer instructions, banking account numbers, routing numbers, escrow account details, or requests for funds through the Platform or by any other means. Any communication purporting to be from Taking Title and containing wire or payment instructions should be treated as fraudulent.
- The Platform is NOT a verified or secure channel for wire transfer instructions. Even if wire transfer instructions appear within the Platform whether posted by your Title Company, uploaded as a document, or included in a message -those instructions have NOT been verified by Taking Title. The Platform cannot authenticate or confirm the accuracy of any wire instructions regardless of their apparent source. DO NOT rely on wire instructions that appear in the Platform as confirmed or correct.
- You MUST independently verify ALL wire transfer instructions by calling your Title Company or settlement agent directly using a telephone number that you have confirmed through a completely independent source (such as the company's official website or a business card received in person). Never use a phone number provided in the same message, email, or document that contains the wire instructions.
- Wiring funds to a wrong account due to fraud is almost always irreversible. Taking Title bears no liability for financial loss from wire fraud or misdirected transfers regardless of how the instructions were received. If you have any doubt, do not wire. Call your Title Company directly to verify.
Account Registration and Security
Eligibility
You must be at least eighteen (18) years of age and legally capable of entering into binding contracts under Maryland law to create an Account and use the Platform. By creating an Account, you represent and warrant that you meet these requirements
Account Information
You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes. You are solely responsible for all activity that occurs under your Account. You agree not to share your login credentials with any third party and to notify Taking Title immediately at info@takingtitle.com if you suspect any unauthorized use of your Account.
Two-Factor Authentication
As a Client User, you access the Platform through a Guest Access portal. You do not use Two-Factor Authentication (2FA). Your access is secured through the following methods: (a) Magic Link. Each time you need to access the Platform, a one-time, time-limited Magic Link is sent to your registered email address. This link can be used only once and expires after a defined period. Do not share your Magic Link with anyone. (b) Document Password. Documents in your Guest portal are protected by a separate password provided to you by your Title Company. You should receive this password through a secure, independent channel -ideally by telephone from your Title Company at a number you have already confirmed. Do not use a document password received only through an email or message you were not expecting. (c) No Persistent Data. The Guest portal is designed to minimize stored data. No persistent personal account data is retained between sessions. Each new session requires re-entry of the applicable document-level password to view documents. The Platform may maintain your session from the same browser through cookies or similar session tokens for a limited period so that you may return to an active Transaction without requesting a new Magic Link; however, if you access the Platform from a different browser or device, or after your session has expired, a new Magic Link will be required. You are responsible for keeping your email account secure and for notifying your Title Company and Taking Title at info@takingtitle.com immediately if you believe your access has been compromised.
Account Termination
You may request termination of your Account at any time by contacting Taking Title in writing. Taking Title may suspend or terminate your Account if it determines, in its reasonable discretion, that you have violated this Agreement or any applicable law, or that continued access poses a security risk.
Client Data And Your Responsibilities
Your Responsibility for Client Data
You are solely responsible for the accuracy, completeness, and legality of all Client Data you upload, submit, or transmit through the Platform. Taking Title does not review, verify, or endorse Client Data and shall have no liability for any errors, omissions, or inaccuracies in Client Data. You represent and warrant that you have all necessary rights, licenses, and consents to submit Client Data to the Platform.
Sensitive Information
The Platform may permit you to upload sensitive personal information, including but not limited to government-issued identification, Social Security numbers, financial account information, and tax records. You acknowledge that submitting such information is necessary to complete your Transaction and that you do so voluntarily. You agree not to submit information belonging to any person other than yourself (or individuals for whom you are authorized to act) without the prior written consent of such persons.
Prohibited Submissions
You agree not to upload, submit, or transmit through the Platform:
- Information that is false, misleading, or fraudulent;
- Information belonging to another person without authorization;
- Malicious code, viruses, or other harmful content;
- Content that violates any applicable federal, state, or local law, including without limitation the laws of the State of Maryland; or
- Content that infringes upon the intellectual property rights of any third party.
Backup of Client Data.
You are strongly encouraged to retain copies of all documents and information you submit through the Platform. Taking Title's data retention practices are described in the Privacy Policy, and Taking Title makes no warranty regarding the indefinite preservation of Client Data.
Data Privacy and Security
Data Privacy
Taking Title's collection, use, and protection of your personal information is governed by the Taking Title Privacy Policy, which is incorporated into this Agreement by reference and available at www.takingtitle.com/privacy. By using the Platform, you consent to the data practices described in the Privacy Policy. 5.1a Plaid Identity Verification. The Platform uses Plaid, Inc. ("Plaid") to perform identity verification for certain transaction participants, including sellers. If your Title Company initiates a Plaid identity verification for you, you may be asked to provide personal information to Plaid through the Platform interface. You acknowledge that: (a) Plaid is a third-party service and your information is processed subject to Plaid's privacy policy and terms of service; (b) Taking Title does not control Plaid's data practices; and (c) your consent to Plaid verification may be required to complete your Transaction. To review Plaid's privacy policy, visit plaid.com/legal/privacy-policy.
Encryption and Security
Taking Title implements commercially reasonable security measures, including encryption of data at rest and in transit, to protect Client Data from unauthorized access, disclosure, or loss. However, you acknowledge that no electronic transmission or data storage system is completely secure, and Taking Title cannot guarantee absolute security.
Maryland Data Privacy Rights
If you are a Maryland resident, you may have certain rights with respect to your personal data under the Maryland PDPA and the Maryland PIPA, including rights to access, correct, delete, and opt out of certain processing of your personal data. To exercise these rights, please contact Taking Title at info@takingtitle.com. Taking Title will respond to your request in accordance with applicable law.
Sharing with Title Company
You expressly acknowledge and consent to Taking Title's sharing of your Client Data with the Title Company identified in connection with your Transaction. The Title Company's use of your information is governed by the Title Company's own privacy policies and applicable professional regulatory obligations. Taking Title is not responsible for the Title Company's data practices.
Breach Notification
In the event of a data security breach affecting your personal information, Taking Title will provide notification in accordance with the Maryland PIPA, which requires prompt notice to affected individuals and, in certain circumstances, to the Maryland Attorney General. You agree to maintain a current email address in your Account to ensure receipt of such notifications.
Acceptable Use
You agree to use the Platform solely for lawful purposes in connection with your real estate title Transaction. You shall not:
- Use the Platform to commit fraud or engage in any deceptive practice;
- Impersonate any person or entity;
- Use the Platform to harass, abuse, or harm any person;
- Attempt to gain unauthorized access to the Platform or any other user's Account;
- Use automated systems or scripts to access the Platform without Taking Title's written consent; or
- Use the Platform in any manner that violates applicable federal, Maryland state, or local law.
Intellectual Property
The Platform and all content, features, and functionality thereof, including but not limited to software, text, graphics, logos, and user interfaces, are owned by Taking Title and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws of the United States and the State of Maryland. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for the purposes described in this Agreement. You may not copy, modify, distribute, sell, or lease any portion of the Platform or its content.
Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TAKING TITLE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. TAKING TITLE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. TAKING TITLE MAKES NO WARRANTY REGARDING THE OUTCOME OF YOUR TRANSACTION OR THE SERVICES PROVIDED BY YOUR TITLE COMPANY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, IN NO EVENT SHALL TAKING TITLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TAKING TITLE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You agree to defend, indemnify, and hold harmless Taking Title and its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform in violation of this Agreement; (b) your violation of any applicable law; (c) your submission of inaccurate, fraudulent, or unauthorized Client Data; or (d) any claim by any third party arising from your use of the Platform.
Third party links and services
The Platform may contain links to third-party websites or services that are not owned or controlled by Taking Title. Taking Title has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You access such third-party links at your own risk. Taking Title encourages you to review the privacy policies of any third-party sites you visit.
Modifications to Agreement and Platform
Taking Title reserves the right to modify this Agreement at any time. Taking Title will provide notice of material modifications by posting an updated Agreement on the Platform or by email to your registered address. Your continued use of the Platform following the effective date of any modification constitutes your acceptance of the modified Agreement. If you do not agree to any modification, you must discontinue your use of the Platform. Taking Title also reserves the right to modify, suspend, or discontinue the Platform or any feature thereof at any time with or without notice.
Governing Law and Dispute Resolution
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. You consent to the exclusive jurisdiction of the state and federal courts located in Baltimore City, Maryland.
Informal Resolution
Before initiating any legal proceeding, you agree to contact Taking Title at info@takingtitle.com to attempt to resolve the dispute informally. Taking Title will attempt to resolve the dispute within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may pursue legal remedies as permitted under this Agreement and applicable law.
Class Action Waiver
TO THE EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
General Provisions
Entire Agreement
This Agreement, together with the Privacy Policy and Terms and Conditions incorporated herein by reference, constitutes the entire agreement between you and Taking Title with respect to your use of the Platform and supersedes all prior agreements or understandings.
Severability
If any provision of this Agreement is held invalid or unenforceable under applicable Maryland or federal law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
Waiver
Taking Title's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Electronic Consent
You consent to receive communications from Taking Title electronically, including by email and through the Platform. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any requirement that such communications be in writing, to the extent permitted by the Maryland Uniform Electronic Transactions Act (Md. Code, Com. Law §§ 21-101 et seq.).
Contact Information
For questions regarding this Agreement, please contact Taking Title, LLC, 4813 Seton Drive, Baltimore, Maryland 21215, or by email at info@takingtitle.com.