1Paid requests
A Screen and a Monitor request are engaged on these Terms and on nothing else.
Extract means one delivered work product: one Screen Extract on
one parcel; one Docket Register Receipt; one weekly red-line; one filing alert. A Screen is
always a separate Extract, separately requested and separately charged. There is no
master services agreement, and none will be entered.
1.1Fee and remedy
The fee for an Extract is the charge posted for it when the request is accepted. If the Company
does not deliver an Extract by the time stated on its face, that Extract is not
charged and any authorization for it is released. That is the entire remedy for late or
non-delivery.
For a Monitor request, where a weekly Docket Register Receipt due in the term is not issued,
the Company’s sole obligation and your sole and exclusive remedy is a credit of
one twenty-sixth of the fee allocated to the parcel affected under §1.2 for each such week,
applied against that fee or, at the Company’s election, refunded.
The fee paid for a parcel is allocated as stated in §1.2.
That is the entire remedy for late or non-delivery under a Monitor request.
1.1aDaily capacity
The two-business-day delivery time stated on a Screen applies to the first three
(3) Screens requested by one requesting party, and by all persons requesting for
the same requesting party, in one business day, taken up before 2:00 p.m. Central. Notwithstanding the business-day sentence stated above, a Screen
requested beyond that number, or after that hour, is due on the later date the Company states in its
written acceptance of that request, and that stated date is the delivery time on its face for
every purpose of §1.1. Oquendo & Company may accept or decline any request, in whole or in part, in its
discretion. No request is accepted, and no delivery time begins to run, until the Company issues a
written acceptance identifying the parcel and the delivery date. The remedy in §1.1 is
the entire remedy for any delivery date so stated.
1.1bInvoiced requests
Where the Company agrees in writing, a requesting party may place a request on invoiced terms in place
of card authorization. On invoiced terms: (a) a signed request form, which reproduces
§1.9 verbatim and states the parcel, the fee and the delivery date, precedes the
invoice and is a condition of acceptance — a purchase order alone is not a request
form and, under §1.5, no term it carries forms part of this agreement; (b) the
delivery time runs from acceptance exactly as it does for a card request, and the Company does not hold
delivery for payment; (c) the Company invoices on acceptance and the invoice is due thirty (30) days
from its date, without setoff, deduction or counterclaim, in U.S. dollars; (d) an amount
not paid when due bears interest at the lesser of one and one-half percent (1.5%) per month
or the maximum rate Texas law permits, any amount received in excess of the maximum lawful
rate being applied to reduce principal or, if principal is paid, returned to you, and you pay the Company’s
reasonable costs of collection, including attorney’s fees; (e) an Extract delivered on invoiced terms is furnished
on the condition that the fee is paid; the license in §1.5 and the reliance permitted
by §1.4 do not attach, and no person may rely on that Extract for any purpose,
until the fee is paid in full; and (f) while any invoice is past due the Company may decline any
further request and suspend any Monitor roster, and a suspension for non-payment is not a
failure to deliver under §1.1. Where a Monitor request is placed on invoiced terms,
§1.7 governs when the roster opens.
1.1cTaxes
All fees are stated exclusive of tax. You are responsible for all sales, use, and similar
taxes and charges on the fees, other than taxes on the Company’s net income, and any such amount is
added to the amount charged or invoiced. Where the Company collects Texas sales tax, the invoice
states the taxable base the Company applied and the rate; the base reflects the Company’s good-faith
application of the exclusion available under Tex. Tax Code §151.351 to the class of
service the Company believes applies. Oquendo & Company has not obtained, and does not give, any ruling, letter,
opinion, or determination from the Texas Comptroller of Public Accounts or any other
authority as to the taxability of any fee, and nothing in these Terms or on any invoice is
tax advice or a representation that any particular treatment is correct. You are
responsible for determining your own tax position and for any exemption, resale, or
direct-payment certificate you claim; furnish a valid certificate before the request is
accepted and the Company will not collect the tax it covers. If any authority later determines that
additional tax, interest, or penalty is due on a fee, you pay that amount on the Company’s written
demand, other than penalties arising from the Company’s own failure to remit an amount you actually
paid it.
§1.2 · AGGREGATE LIABILITY IS STRICTLY LIMITED TO THE FEES PAID FOR THE
SPECIFIC EXTRACT.
OQUENDO & COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU AND TO ANY PERSON CLAIMING THROUGH YOU, FOR ALL
CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO AN EXTRACT — WHETHER IN
CONTRACT, IN TORT, BY STATUTE, OR OTHERWISE, AND EXPRESSLY INCLUDING CLAIMS ARISING
FROM OQUENDO & COMPANY’S OWN NEGLIGENCE OR THE NEGLIGENCE OF ANY PERSON ACTING FOR OQUENDO & COMPANY — WILL NOT
EXCEED THE FEES ACTUALLY PAID TO OQUENDO & COMPANY FOR THAT SPECIFIC EXTRACT. WHERE AN EXTRACT
IS DELIVERED UNDER A MONITOR REQUEST, OQUENDO & COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING
OUT OF OR RELATING TO THAT MONITOR REQUEST AND EVERY EXTRACT DELIVERED UNDER IT, TAKEN
TOGETHER AND NOT SEPARATELY, WILL NOT EXCEED THE FEE ACTUALLY PAID FOR THE PARCEL TO WHICH
THE CLAIM RELATES. THE FEE PAID FOR A PARCEL IS $5,000 FOR THE FIRST PARCEL ON THE REQUEST AND $500 FOR EACH ADDITIONAL PARCEL ON IT. MULTIPLE EXTRACTS DELIVERED UNDER ONE MONITOR REQUEST DO NOT CREATE
MULTIPLE LIMITS, AND PARCELS LISTED ON ONE REQUEST FORM DO NOT AGGREGATE INTO ONE LIMIT.
WHERE A CLAIM RELATES TO A REQUEST FOR WHICH NO EXTRACT WAS DELIVERED, THIS LIMIT IS THE
FEE POSTED FOR THAT REQUEST. OQUENDO & COMPANY IS NOT
LIABLE FOR LOST PROFITS, LOST OPPORTUNITY, EARNEST MONEY, OR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS LIMIT IS A BARGAINED ALLOCATION OF
RISK AND A TERM OF THE PRICE. IF THE REMEDY IN §1.1 IS HELD TO FAIL OF ITS
ESSENTIAL PURPOSE, THIS §1.2 STANDS INDEPENDENTLY AND IN FULL FORCE, AND THE
EXCLUSION OF CONSEQUENTIAL AND INDIRECT DAMAGES SURVIVES INDEPENDENTLY OF ANY OTHER
REMEDY.
§1.3 · NEGATIVE SCOPE — WHAT AN EXTRACT IS NOT.
AN EXTRACT REPORTS ONLY WHAT WAS ON FILE IN THE DOCKETS NAMED ON ITS FACE, AS OF THE
TIMESTAMP ON ITS FACE. IT MAKES NO THERMAL, HEADROOM OR CAPACITY CALCULATION, ASSUMES
NO DROPOUT RATE, ESTIMATES NO SCHEDULE, AND RENDERS NO ENGINEERING OPINION. IT IS NOT
AN ENGINEERING SERVICE UNDER TEX. OCC. CODE CH. 1001, NOT AN APPRAISAL, NOT A TITLE
OPINION, NOT LEGAL ADVICE, AND NOT A SECURITY OR INVESTMENT RECOMMENDATION.
AN EXTRACT STATES NO STATUS. IT STATES, CRITERION BY CRITERION, WHETHER A RECORD WAS IDENTIFIED IN THE MONITORED DOCKETS, NAMES EVERY RECORD RELIED ON, AND CLOSES WITH THE PUBLISHER’S VIEW.
“No record identified under this criterion” MEANS ONLY THIS AND
NOTHING MORE: THAT EACH REGISTER LISTED IN THE DOCKET SCHEDULE ATTACHED TO THE EXTRACT,
IN THE EDITION THERE IDENTIFIED, WAS SEARCHED BY THE STATED RULE AND CONTAINED, AS OF THE
AS-OF INSTANT PRINTED ON THE FACE OF THE EXTRACT, NO RECORD MEETING THAT STATED
CRITERION. “Record identified under this criterion” MEANS ONLY
THAT A RECORD MEETING THAT STATED CRITERION WAS IDENTIFIED IN A LISTED REGISTER AND IS
CITED ON THE FACE OF THE EXTRACT. NEITHER WORDING IS A STATEMENT ABOUT THE PARCEL, ITS
OWNER, ITS DEVELOPABILITY, ITS VALUE, OR ANY PERSON’S CONDUCT; EACH DESCRIBES THE
RECORD’S RELATION TO THE STATED CRITERION AND NOTHING ELSE. IT IS NOT A
FINDING THAT NO SUCH RECORD EXISTS, THAT NONE WAS MADE BEFORE OR AFTER THAT INSTANT, THAT
ANY REGISTER IS COMPLETE OR CURRENT, OR THAT SERVICE IS OR WILL BE AVAILABLE. WHERE THE
EXTRACT STATES A VIEW, THAT VIEW IS STATED ON THIS STANDING AND NO OTHER:
WHERE AN EXTRACT STATES THE PUBLISHER’S VIEW, THAT VIEW IS THE PUBLISHER’S OWN READING OF THE FILED RECORD AS OF THE TIMESTAMP STATED ON ITS FACE; IT IS NOT AN ENGINEERING OPINION, NOT A CERTIFICATION THAT THE PARCEL IS FIT TO CLOSE ON, AND NOT A RATING OR SCORE. IT IS NOT LEGAL ADVICE, NOT A TITLE OPINION AND NOT AN APPRAISAL, AND IT IS NOT A SUBSTITUTE FOR THE LICENSED PROFESSIONALS NAMED IN THE SCOPE. A REGISTER
NOT LISTED IN THAT SCHEDULE WAS NOT SEARCHED, AND OFF-DOCKET, MUNICIPAL, COOPERATIVE AND
UNINDEXED DISTRICT SOURCES ARE NOT EXAMINED. RETAIN LICENSED ENGINEERING COUNSEL FOR
PHYSICAL FEASIBILITY. EVERY EXTRACT IS FURNISHED AS IS, WITHOUT WARRANTY OF ANY KIND, AND ALL
IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
DISCLAIMED.
§1.3a · UNREACHABLE REGISTERS — NAMED EXCEPTIONS.
WHERE A REGISTER IN THE DOCKET SCHEDULE COULD NOT BE REACHED, WAS NOT PUBLISHED, OR COULD
NOT BE READ BY THE STATED RULE ON THE DAY OF THE SEARCH, THE EXTRACT IS DELIVERED ON
TIME AND NAMES THAT REGISTER AS AN EXCEPTION ON ITS FACE, WITH THE REASON AND THE TIME OF
THE ATTEMPT. A NAMED EXCEPTION IS NOT A FINDING. WHAT THE EXTRACT STATES UNDER EACH
CRITERION SPEAKS ONLY TO THE REGISTERS ACTUALLY SEARCHED, AND AN EXCEPTED REGISTER
IS OUTSIDE THE FINDING FOR EVERY PURPOSE OF §1.3 AND §1.4. OQUENDO & COMPANY DOES NOT HOLD
DELIVERY FOR AN UNREACHABLE REGISTER AND UNDERTAKES NO DUTY TO RE-SEARCH IT; DELIVERY
WITH A NAMED EXCEPTION IS FULL PERFORMANCE AND IS NOT LATE OR NON-DELIVERY UNDER
§1.1. WHERE EVERY REGISTER BEARING ON EVERY CRITERION IS EXCEPTED, OQUENDO & COMPANY MAY INSTEAD
DECLINE THE REQUEST, IN WHICH CASE THE EXTRACT IS NOT CHARGED AND ANY AUTHORIZATION IS
RELEASED, AND THAT IS THE ENTIRE REMEDY.
§1.4 · STATEMENT OF OPINION; NO RELIANCE BEYOND THE EXTRACT.
EACH EXTRACT IS OQUENDO & COMPANY’S DATED STATEMENT OF OPINION ON THE FILED PUBLIC RECORD, FORMED BY
APPLYING A STATED DETERMINISTIC RULE TO CITED PRIMARY DOCUMENTS, AND SPEAKS ONLY AS OF
ITS STATED DATE. OQUENDO & COMPANY UNDERTAKES NO DUTY TO UPDATE IT. YOU REPRESENT THAT YOU RELY ON YOUR
OWN INVESTIGATION AND ON YOUR OWN PROFESSIONAL ADVISORS, AND NOT ON ANY STATEMENT
OF OQUENDO & COMPANY OUTSIDE THE FOUR CORNERS OF THE EXTRACT; NO ORAL OR WRITTEN STATEMENT MADE BY
OQUENDO & COMPANY BEFORE OR AFTER DELIVERY IS A REPRESENTATION ON WHICH YOU MAY RELY. NO PERSON OTHER
THAN THE NAMED ADDRESSEE MAY RELY ON AN EXTRACT, AND NO PERSON OTHER THAN YOU AND OQUENDO & COMPANY
IS A THIRD-PARTY BENEFICIARY OF THESE TERMS.
1.5 · Entire agreement; no master agreement; no counter-terms
These Terms and the Extract delivered are the entire agreement between you and Oquendo & Company as to that
Extract and supersede all prior and contemporaneous discussions.
No master services agreement, vendor form, purchase-order term, or other document
issued by you forms part of this agreement, and any additional or different term you
propose is rejected
, notwithstanding the Company’s acceptance of a request or a fee. These Terms may be
changed only in a writing the Company issues; the version in force for an Extract is the act terms
version stamped with your assent to that Extract.
1.6Electronic records and signatures
You consent to transact electronically. Your acceptance of these Terms at checkout,
together with the act terms version, the site terms version, and the time recorded with
the payment session, is your
electronic signature under the Texas Uniform Electronic Transactions Act (Tex. Bus.
& Com. Code ch. 322) and the federal E-SIGN Act, and has the same effect as a
signature on paper. You may withdraw consent for future
transactions by writing to
contact@oquendoandco.com;
withdrawal does not unwind an Extract already requested or delivered. Oquendo & Company may keep the
record of your assent for so long as any claim may be brought.
1.7The Monitor
A Monitor is a one-time request keyed to a project, charged at
the tariff posted at the time of the request and stated in the Company’s written acceptance
— the first-parcel fee and, for each additional parcel on the request, the
additional-parcel fee, charged once,
by card or, where the Company agrees in writing, on invoiced terms. The project’s parcels are
identified by county and assessor’s parcel number, anywhere in Texas. The
project is the request. One request is one site. Every parcel after the first shares a boundary on the county appraisal district’s map with a parcel already on the request, as confirmed by the Publisher at enrolment. A parcel that does not is a separate request. Oquendo & Company’s confirmation is an administrative check of the appraisal district’s published map for the purpose of pricing and scoping this request only. It is not a survey, not a boundary determination, not a representation as to title, access or the accuracy of that map, and no person may rely on it for any other purpose. One request carries the project’s roster, one term, one
end date, and one liability limit under §1.2. The term is
the term stated in the order confirmation, running from the date of the
request, and the request ends on its end date. Nothing is charged after
the charge taken at the request, and there is no notice of cancellation to give: a further term
is a new request at the rate then posted. Where payment is made by bank transfer,
the roster opens when funds settle.
Each parcel on the roster opens with a Screen on its first day, at no separate charge,
and that Screen is the baseline record the watch runs against.
A parcel is not swapped. A parcel added after the request is added to the
project’s request at the additional-parcel fee and must satisfy the contiguity
requirement above as of the date it is added, and runs to the project’s end date; a
parcel taken off the roster buys nothing on another parcel. Fees for a term
already
begun are not returned, except that if the Company declines the request, the Company’s sole obligation and your
sole and exclusive remedy is a refund of the fee, and the Company’s total aggregate liability
arising out of or relating to the declined request will not exceed that amount. Termination
does not affect an Extract already delivered.
A Monitor includes no Screen. The baseline the watch runs against is the
state of the monitored dockets on the request’s first day, stated in the request
confirmation; a Screen on any parcel is a separate Extract, separately requested, and no
Screen allowance attaches to a Monitor. What a Monitor delivers is the weekly Docket Register Receipt and
a cited alert by email within one business day of the docket publishing a filing
against a parcel on the roster, and never later than that week’s Docket Register
Receipt, stating the county, the parcel number, the kind of filing,
the authority it was filed with, the date it was filed, a citation to the primary
document, the rule applied, and the negative scope of the compilation. A week in which
nothing was filed on a rostered parcel still receives a receipt stating that nothing was
filed. A weekly Docket Register Receipt names any monitored register that could
not be reached, was not published, or could not be read by the stated rule during that
week, with the reason. A receipt so issued is issued for that week for every purpose of
§1.1, and the credit stated in §1.1 does not arise. Where a filing states a
period for response, objection or protest, the Company’s notification of it is
best-effort, made within the receipt cadence stated above, and creates no
duty to warn: the Company states what the filing says and cites it, computes no
deadline from it, and responsibility for any period stated in a filing remains
yours and your advisers’. Your acceptance of these Terms and of the consumer-rights waiver in §1.9 is
recorded before any charge is taken: on the provider’s hosted payment page for card
and bank-transfer requests, and in the signed request form, which reproduces §1.9 verbatim, for requests placed on
invoiced net terms. The charge gates the roster: the roster opens when the fee is
paid, and within one business day of the Company’s written acceptance of the request. Where the request
is placed on invoiced net terms, a signed request form precedes the invoice, and the roster
opens on the later of the Company’s written acceptance and receipt of cleared funds, unless the Company agrees
in writing to open the roster on issuance of the invoice.
Changes to the roster take effect at the next weekly run.
1.8Governing law; reformation; survival; two-year limitations period
Texas law governs, without regard to conflict-of-laws rules, and the exclusive venue is
the state and federal courts sitting in Travis County, Texas.
If any provision is held unenforceable, it must be reformed to the maximum enforceable
extent that most nearly achieves its intent, and only if reformation is impossible is
it severed, leaving all other provisions in force.
§§1.1 through 1.10, including every lettered subsection of each, and every payment obligation accrued,
survive delivery, expiry of a term and termination; this list is not exclusive, and
any provision that by its nature should survive does.
Any claim arising out of or relating to an Extract or these Terms must be brought
within two years after the claim accrues, or it is permanently barred. This period is
not tolled by any correction, re-issue, or continued performance, to the fullest extent
the law permits.
§1.9 · WAIVER OF CONSUMER RIGHTS
I WAIVE MY RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF MY OWN SELECTION, I VOLUNTARILY CONSENT TO THIS WAIVER.
I REPRESENT THAT I AM NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION WITH RESPECT TO OQUENDO & COMPANY; THAT I AM REPRESENTED IN THIS TRANSACTION BY LEGAL COUNSEL OF MY OWN SELECTION, NOT IDENTIFIED OR SUGGESTED BY OQUENDO & COMPANY; AND THAT I ACQUIRE THIS EXTRACT FOR BUSINESS USE AND HAVE, OR AM CONTROLLED BY A PERSON WITH, ASSETS OF $25 MILLION OR MORE. IF THIS WAIVER IS HELD INVALID, EVERY OTHER TERM REMAINS IN FORCE.
1.10The roster is yours
Client Data means the parcel identifiers, coordinates, addresses,
option and contract status, and watch-list entries you give Oquendo & Company, and the fact that you
gave them.
Oquendo & Company does not share your coordinates. Oquendo & Company holds Client Data in a
client-scoped store and discloses it to no other client and no third party, except as
law compels, with notice to you where law allows.
Oquendo & Company does not trade on your coordinates. Oquendo & Company does not buy, sell, option, or
take any position in land or in any security by reason of Client Data, and does not use
Client Data for any purpose but performing your request.
Your coordinates never enter the public record. No Client Data appears
in any edition, register, correction, free report, or other public record of Oquendo & Company,
ever.
Not Client Data. Records filed with or issued by a public authority
are public whether or not they concern your parcels, and remain part of the Company’s record and
citable as such. The Company’s methods and publications remain its own.
Others on the same corridor. Oquendo & Company may serve other clients on the same
corridor or parcel; each receives the identical filed public record; the Company tells no client
that another exists.
Return and deletion. On your written request, or within thirty days
after the request ends, the Company deletes Client Data from active systems, keeping only what
law or a pending dispute requires, under the three covenants above.
Term. This Section binds for the request and three years after it
ends, and survives termination of any Screen or Monitor request. Liability under it
is subject to the limitation in §1.2. It is the
entire agreement of the parties on confidentiality and replaces any prior
non-disclosure form on the same subject.