Terms of Use
Last updated: December 26, 2024
These Terms of Use ("Terms") govern your use of the TitleBarrier property monitoring service. By using our service, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the TitleBarrier service, you agree to be bound by these Terms of Use. If you do not agree to these Terms, you may not use our service. These Terms apply to all users of the service, including without limitation users who are browsers, customers, merchants, and contributors of content.
2. Description of Service
TitleBarrier provides property monitoring services designed to detect unauthorized listings and potential title fraud. Our service includes:
- Automated monitoring and scanning services
- Real-time alerts for suspicious property activity
- Fraud detection and threat analysis tools
- Customer support and guidance services
- Web-based dashboard and reporting tools
3. User Accounts and Registration
3.1 Account Creation
To use our service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Responsibilities
You agree to:
- Provide accurate and complete information
- Keep your account credentials secure
- Notify us immediately of any unauthorized use
- Accept responsibility for all activities under your account
- Not share your account with others
4. Subscription and Payment Terms
4.1 Subscription Plans
We offer various subscription plans with different features and pricing. Subscription details, including pricing and features, are available on our pricing page and may be updated from time to time.
4.2 Free Trial and Auto-Renewal
Free Trial: New subscribers receive a 7-day free trial period. During the free trial, you will not be charged. If you do not cancel before the trial period ends, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee.
Automatic Renewal: Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method automatically for each renewal period. You will receive email reminders before each renewal.
4.3 Payment and Billing
Subscription fees are billed in advance at the beginning of each billing period. Payments are processed securely through our third-party payment processors. You are responsible for keeping your payment information current and valid.
4.4 Cancellation Policy
How to Cancel: You may cancel your subscription at any time by:
- Logging into your account settings and selecting "Cancel Subscription"
- Contacting our customer support team
- Emailing us at [email protected]
When Cancellation Takes Effect: Cancellations take effect at the end of your current billing period. You will continue to have access to the service until that date. There are no cancellation fees.
4.5 Refunds
We do not provide refunds for partial billing periods, except as required by law. California residents may be entitled to a refund within 7 days of renewal. For questions about refunds, please contact our support team.
5. Data Collection and Use
By using our service, you consent to our collection and use of the following information:
- Personal Information: Name, email address, and phone number for account management, security alerts, and customer support
- Property Information: Property addresses that you choose to monitor through our service
- Communication Preferences: Your marketing consent preferences for email updates and promotional content
- Usage Data: Information about how you use our service to improve and optimize our offerings
5.1 Marketing Communications
By creating an account and agreeing to these Terms of Service, you consent to receive marketing emails, promotional communications, product updates, and service-related announcements from TitleBarrier. This includes but is not limited to:
- Property protection tips and industry insights
- Product updates and new feature announcements
- Educational content about real estate fraud prevention
- Special offers and promotional campaigns
- Survey requests and feedback opportunities
Opt-Out Rights: You may unsubscribe from marketing communications at any time by:
- Clicking the "unsubscribe" link in any marketing email
- Logging into your account and updating your communication preferences
- Contacting our support team at [email protected]
Important: Unsubscribing from marketing communications will not affect essential service-related emails such as security alerts, billing notifications, account updates, or critical property monitoring alerts.
For complete details about our data practices, please review our Privacy Policy.
6. Acceptable Use Policy
You agree to use our service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the service for any illegal or unauthorized purpose
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the service
- Use the service to monitor properties you do not own or have legal authority to monitor
- Violate any person's right to privacy or other legal rights
- Share or resell access to the service
- Reverse engineer or attempt to extract source code
7. Intellectual Property Rights
7.1 Our Rights
The TitleBarrier service, including its content, features, and functionality, is owned by TitleBarrier and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our service without our written permission.
7.2 Your Content
You retain ownership of any content you submit to our service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content to provide our service.
8. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. Service Availability and Disclaimers
9.1 Service Availability
We strive to provide reliable service but cannot guarantee uninterrupted access. The service may be temporarily unavailable due to maintenance, updates, or technical issues. We are not liable for any damages resulting from service interruptions.
9.2 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.3 Service Limitations
Our monitoring service is designed to detect potential threats but cannot guarantee detection of all fraudulent activities. Property monitoring should be used as one component of a comprehensive property protection strategy. We recommend consulting with legal and financial professionals for complete protection.
9.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TITLEBARRIER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless TitleBarrier and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses arising out of or relating to your use of the service or violation of these Terms.
11. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet outages, or technical failures of third-party services.
12. Termination
12.1 Termination by You
You may terminate your account at any time by canceling your subscription and contacting us to delete your account.
12.2 Termination by Us
We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
12.3 Effect of Termination
Upon termination, your right to use the service will cease immediately. We may delete your account and data, except as required by law or our Privacy Policy.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the service shall be resolved through binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the service after such changes constitutes acceptance of the new Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and TitleBarrier regarding the use of our service.
17. Contact Information
If you have any questions about these Terms of Use, please contact us:
TitleBarrier
Email: [email protected]
Website: titlebarrier.com/contact
For legal inquiries, please use the subject line "Legal - Terms of Use" in your email.
These Terms of Use are effective as of the date listed above and apply to all users of the TitleBarrier service.