Terms and Conditions
These Terms and Conditions ("Terms") are a binding agreement between you and DataRunner LLC ("DataRunner," "we," "us," or "our"), a Florida limited liability company located at 18117 Biscayne Blvd, Suite 201, Miami, FL 33160. They govern your access to and use of the DataRunner platform, website, and municipal lien search services (together, the "Services").
1. Agreement to these Terms
By creating an account, placing an order, or otherwise using the Services, you agree to these Terms. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization. If you do not agree to these Terms, do not use the Services.
2. What DataRunner does
DataRunner provides technology-assisted municipal lien searches. We locate, retrieve, and compile municipal lien and related records from county and municipal sources, and we present the results to you along with supporting documentation. Our Services are designed to help you identify potential issues in a property's municipal record and to support faster resolution of those issues.
DataRunner is a search and information service. We are not a title insurer, title agent, law firm, or provider of legal, title, or closing services, and we do not issue title commitments or policies. The results we provide are informational and are intended to support, not replace, the professional judgment of title agents, attorneys, and other qualified parties. See Sections 7 and 11 for important disclaimers about accuracy and the scope of our Services.
3. Eligibility
To use the Services, you must be at least 18 years old and able to form a binding contract. By using the Services, you represent and warrant that you meet these requirements and that the information you provide to us is accurate and complete.
4. Accounts and team verification
To use most of our Services, you must create an account. When you register, you agree to provide accurate, current, and complete information, and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly through our contact form if you believe your account has been accessed without authorization.
Certain Services are made available to businesses such as title agencies, law firms, and lien search providers. If you register on behalf of one of these organizations, we may require verification of your role, your organization, or your team before activating or expanding access. You agree that the information you provide for verification is accurate and that you are authorized to act on the organization's behalf.
You are responsible for your team's use of the Services under your account, including any members you invite or authorize. If your access includes any promotional or introductory orders (for example, complimentary orders offered in a specific service area), those are subject to the conditions presented at the time of the offer and may be modified or withdrawn.
5. Orders, fees, and payment
Service Fees and Hard Costs.Our charges fall into two categories. "Service Fees" are the amounts DataRunner charges for its own services. "Hard Costs" are amounts charged by municipalities, counties, and other third parties to obtain records, which DataRunner pays on your behalf and passes through to you. Hard Costs are shown on your order or invoice and are separate from Service Fees.
When payment is due. Orders are due and payable once DataRunner completes the requested work. Your obligation to pay is not contingent on whether or when any real estate transaction closes.
How you pay depends on your account type. For title agents, attorneys, and individual users, orders are placed through your account and charged to your credit card via our payment processor upon completion. By placing an order, you authorize us to charge your payment method for the applicable Service Fees and Hard Costs.
For lien search providers, completed orders are billed through a monthly invoice, payable within thirty (30) days of the invoice date. Accounts not paid when due may be suspended, and past-due amounts may accrue interest to the extent permitted by law.
You are responsible for all taxes associated with your orders, other than taxes based on our net income. All fees are stated and payable in U.S. dollars. We may update our pricing from time to time, and any changes will apply to orders placed after the change takes effect.
6. Cancellation and refunds
Because orders are due upon completion, refund eligibility is limited and depends on the two categories of charges described in Section 5.
Service Fees. For municipal lien search orders, a refund of Service Fees is available only where the associated real estate transaction did not close or fell through. We may request reasonable evidence that the transaction did not close before issuing a refund. Completed searches are not otherwise refundable.
If a transaction actually closed. If you receive a refund on the basis that a transaction did not close, and we later determine that the transaction in fact closed, we reserve the right to invoice you for the refunded Service Fees and any related charges.
Hard Costs. Hard Costs are paid to municipalities, counties, and other third parties on your behalf and are non-refundable once incurred, even if your order is cancelled or the transaction does not close. Because these amounts are paid out to third parties who do not return them, we cannot refund them regardless of the reason for cancellation.
If you believe a charge was made in error, contact us through our contact form and we will review it in good faith.
7. Accuracy, data sources, and scope of the Services
Our sources. DataRunner compiles information from municipal, county, and other governmental and third-party sources. The accuracy, completeness, and timeliness of our results depend in part on the accuracy, completeness, and availability of those underlying sources, which are outside our control. Records maintained by municipalities and other authorities may contain errors, may be incomplete, may be delayed in posting, or may be updated, corrected, or changed after we retrieve them.
Dependence on third-party sources. Our ability to perform depends on the availability and performance of these third-party and governmental sources. We are not responsible for delays, failures, inaccuracies, or omissions in our results that are caused by the unavailability, non-performance, or inaccuracy of those sources, including where a source is inaccessible, has not posted a record, or provides information that is itself incorrect or incomplete.
Our process. We take reasonable steps designed to promote the reliability of our results, including validation and review steps in our search process and the supporting documentation we provide with your results. These steps are designed to reduce, but cannot eliminate, the possibility of error inherent in compiling information from third-party records. Our review obligations are limited to the steps described in the Services, and we have no obligation to independently investigate or verify source records beyond those steps.
Point in time.Each search reflects the information available from the applicable sources at the time the search is performed. A property's municipal record can change after that time, and we are not responsible for changes, liens, or other matters that arise, post, or are discovered after the search is completed.
No opinion on title or value. Our results are informational and are provided to support your own review and the professional judgment of qualified parties such as title agents and attorneys. We express no opinion as to the validity of title to any property or the past, present, or future value of any property or interest. Our results are not a title search, title examination, title commitment, title insurance policy, legal opinion, or guarantee of clear title, and they must not be relied upon as the sole basis for any real estate, financial, or legal decision. You are responsible for independently verifying results where appropriate and for determining how the results should be used in your transaction.
No fiduciary duty. Nothing in these Terms or in your use of the Services creates any fiduciary duty or heightened duty of care on the part of DataRunner toward you or any other party.
8. Acceptable use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all activity conducted through your account. You agree that you will not, and will not permit anyone acting on your behalf to:
- use the Services in violation of any applicable law or regulation, or for any fraudulent, deceptive, or unlawful purpose;
- use search results or other information obtained through the Services for any purpose prohibited by law, including any impermissible use of records or personal information;
- access or attempt to access another user's account, or use the Services to obtain information you are not authorized to access;
- interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services, our systems, or the networks or systems of our providers;
- probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measures;
- introduce any virus, malware, or other harmful code to the Services;
- misrepresent your identity, your organization, or your authority to act on behalf of an organization; or
- resell, sublicense, or commercially exploit the Services or search results except as expressly permitted by these Terms or a separate written agreement with us.
Automated and bulk access. If you wish to access the Services or retrieve data through automated or programmatic means, or at volume, you must use our application programming interface (API), where available, and comply with its associated terms, credentials, and rate limits. Automated or bulk access outside of the API may be restricted to protect the reliability and security of the Services.
We may investigate any suspected violation of this section and may suspend or terminate access for conduct we reasonably believe violates these Terms or harms other users, the Services, or our providers.
9. Intellectual property
Our ownership. The Services, including the DataRunner platform, website, software, design, text, graphics, and the compilations, reports, and formatting we produce, together with all related intellectual property rights, are owned by DataRunner or our licensors. The DataRunner name, logo, and branding are our trademarks and may not be used without our prior written permission. Except for the limited rights expressly granted in these Terms, we reserve all rights in and to the Services.
Your license to use the Services. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, and to use the search results and documentation we deliver to you, for your own business or personal purposes in connection with your real estate, title, or related transactions. This license does not transfer any ownership rights, and you may not use the Services or our intellectual property beyond the scope of this license or any separate written agreement with us.
Underlying records. Search results we deliver may include or be derived from public records and other information obtained from municipal, county, governmental, and third-party sources. We do not claim ownership of those underlying public records themselves. We do claim rights in the compilation, presentation, formatting, and any analysis or supporting materials we create as part of the Services.
Information you provide.You retain ownership of the information you submit to us, such as property details, order information, and account information ("Your Information"). You grant us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, and display Your Information as needed to operate and provide the Services, to perform the searches you request, and to improve and maintain the Services, in each case in accordance with our Privacy Policy. You represent that you have the rights necessary to provide Your Information to us and to grant this license.
Feedback. If you send us suggestions or feedback about the Services, we may use it without restriction or obligation to you.
10. Third-party sources and services
Governmental and municipal sources.The Services rely on records and information obtained from municipal, county, governmental, and other third-party sources. We do not control these sources, their availability, or the accuracy or completeness of the records they maintain, and we are not responsible for their acts, omissions, fees, or delays. Changes to a source's systems, access policies, or fees may affect the availability, timing, or cost of the Services.
Payment processing. Payments are handled by third-party payment processors. Your use of those payment services is subject to their terms and privacy policies, and you authorize us and our processors to charge and process payments as described in these Terms. We are not responsible for the acts or omissions of a payment processor.
Third-party links and services.The Services may contain links to, or integrate with, third-party websites or services that we do not control. We provide these for convenience and do not endorse them or take responsibility for their content, products, terms, or privacy practices. If you access a third-party website or service, you do so at your own risk and subject to that third party's terms.
11. Limitation of liability
Exclusion of certain damages. To the maximum extent permitted by law, DataRunner and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, or anticipated savings, arising out of or relating to the Services or these Terms, even if we have been advised of the possibility of such damages. This includes any damages arising from an error, omission, delay, or inaccuracy in a search result, or from any decision you or a third party made in reliance on a search result.
Cap on liability. To the maximum extent permitted by law, the total aggregate liability of DataRunner arising out of or relating to the Services or these Terms will not exceed the amount you paid to DataRunner for the specific order giving rise to the claim. This limit applies regardless of the theory of liability.
Basis of the bargain. The pricing of the Services reflects this allocation of risk, and these limitations are an essential part of the agreement between you and DataRunner. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in that case, our liability is limited to the greatest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless DataRunner and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any information you submit to us that is inaccurate, incomplete, or that you were not authorized to provide; and (e) any decision made, or action taken, by you or a third party based on a search result. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.
13. Dispute resolution and arbitration
Please read this section carefully. It requires most disputes to be resolved through binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out within 30 days as described below.
Informal resolution first. Before starting an arbitration, a lawsuit, or any other proceeding, and regardless of whether you have opted out of arbitration, you agree to first try to resolve the dispute informally by contacting us through our contact form and giving us a written description of the dispute. We will try to resolve it in good faith. If we cannot resolve it within sixty (60) days, either party may proceed to arbitration or, where arbitration does not apply, to court. This informal step is a condition of starting any formal proceeding.
Agreement to arbitrate. You and DataRunner agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, rather than in court, except as stated below. This agreement to arbitrate is governed by the Federal Arbitration Act.
Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized access to or misuse of the Services. Bringing such a claim does not waive the agreement to arbitrate all other disputes.
Class-action waiver.You and DataRunner agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration.
Arbitration procedure.The arbitration will be administered by a recognized arbitration provider under its consumer or commercial rules, as applicable, before a single arbitrator. The arbitration will take place in Miami-Dade County, Florida, or, for consumers, in the county of your residence or by remote or telephonic means where the rules allow. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Fees. The allocation of filing and arbitration fees will be governed by the rules of the arbitration provider and applicable law. Where those rules require us to pay a larger share of fees for consumer arbitrations, we will do so.
Your right to opt out. You may opt out of this arbitration agreement (including the class-action waiver) by notifying us through our contact form within thirty (30) days of first accepting these Terms. Your notice must include your name and the account or email associated with your use of the Services and state clearly that you are opting out of arbitration. If you opt out, disputes will be resolved in court as described in the Governing Law and Venue provisions of Section 14, and you keep all other rights and obligations under these Terms.
Survival. This section survives termination of these Terms.
14. Term and termination
Term. These Terms apply from the time you first access or use the Services and continue until terminated as described below.
Termination by you. You may stop using the Services at any time. If you have an account, you may request that we close it by contacting us through our contact form. If you have outstanding orders or unpaid balances at the time of termination, those obligations survive and remain payable, including completed orders and any Hard Costs already incurred.
Termination or suspension by us. We may suspend or terminate your access to the Services, in whole or in part, if: you breach these Terms; you fail to pay amounts when due; we reasonably believe your use poses a risk to the Services, other users, or our providers, or is unlawful; or we are required to do so by law or by one of our sources. Where practicable and appropriate, we will provide notice, but we may act without prior notice where the circumstances warrant, such as non-payment, suspected fraud, or security risks.
Effect of termination. On termination, your license to use the Services ends and you must stop using them. Any amounts you already owe remain due. Sections of these Terms that by their nature should survive termination will survive, including provisions on fees owed, accuracy and disclaimers, intellectual property, limitation of liability, indemnification, dispute resolution, and general provisions.
Your data and past results. You are responsible for downloading and retaining your own copies of any search results and documentation delivered to you that you may need for your records. Completed results remain available for download through your account while your account is active. After your account is closed, you may no longer have access to previously delivered results, and we are not obligated to retrieve, restore, or provide copies of them. We may retain or delete data following termination in accordance with our Privacy Policy and applicable law.
Governing law and venue. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, or if you validly opt out, you and DataRunner agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
15. General provisions
Entire agreement. These Terms, together with our Privacy Policy and any order terms or separate written agreement you have with us, are the entire agreement between you and DataRunner regarding the Services, and they replace any prior agreements or understandings on that subject. If you have a separate signed agreement with us that conflicts with these Terms, that agreement controls to the extent of the conflict.
Changes to the Services. We may improve, change, suspend, or discontinue any part of the Services at any time. We are not liable to you or any third party for doing so, except as expressly stated in these Terms.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full effect.
Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing to be effective.
Force majeure. We are not responsible for any failure or delay in performing the Services caused by events beyond our reasonable control, including natural disasters, acts of government, changes to or unavailability of governmental or municipal sources, network or utility failures, labor disputes, or other events of force majeure.
Relationship of the parties. You and DataRunner are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between us.
No third-party beneficiaries. These Terms do not create any rights for anyone other than you and DataRunner.
Notices. We may provide notices to you by email to the address associated with your account, or by posting on the Services. Notices to us must be sent through our contact form or to our address listed below. It is your responsibility to keep your account contact information current.
Headings. Section headings are for convenience only and do not affect the meaning of these Terms.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as by posting the updated Terms on our website with a new "Last updated" date, or by other reasonable means. Changes are effective when posted unless we state otherwise. If you continue to use the Services after the changes take effect, you agree to the updated Terms. If you do not agree, you must stop using the Services. Changes to the dispute resolution and arbitration section will not apply retroactively to any dispute for which a proceeding has already begun.
17. Contact us
If you have questions about these Terms or the Services, please contact us: