Welcome to LienLog (“LienLog”, “we” or “us”) website (the “Site”). The following terms and conditions (the “Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. By accessing the Site you represent that you are 18 years of age or older.
If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to access, view, or use this Site and must exit immediately.
LienLog may change these Terms from time to time. Please review the Terms periodically. Your continued access to, and viewing and use of the Site and any content, materials or services accessible through it, after such posting or notification means you accept any and all modifications.
LienLog reserves the right at any time and from time to time to modify, update, or discontinue, whether temporarily or permanently, the Site, the content, materials, and services accessible on and through the Site (or any part thereof). LienLog shall not be liable to you or other third party for any such modification, suspension or discontinuance of any of the foregoing, except as expressly provided herein.
These Terms are in addition to any other agreements between you and LienLog, including, but not limited to any agreements that govern your use of certain products, services, content, tools and information accessible through the Site.
The Site is intended to be a platform that provides its clients with the tools necessary to manage aspects of tax lien investing. Although data elements, content, materials, and information contained within the Site have been obtained from sources believed to be reliable, LienLog and its affiliates, parent companies, partners, subsidiaries, licensors, third-party content or service providers, distributors, dealers and suppliers (collectively, “Suppliers”) do not guarantee accuracy or completeness and accept no liability for any direct or consequential losses arising from the use of the said provided information or Services. Furthermore, no warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Lastly, although data elements and information provided is periodically updated, this data and information may not reflect the data currently on file in the county or public records.
No recommendations or advice provided
LienLog is not a tax advisor or law firm and does not make recommendations or offer investment advice of any kind. Although LienLog may provide data, information, content, materials and services relating to investment approaches and opportunities to buy or sell tax liens, you should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the input, listing, review, and use of any data, information or content on the Site before making any decisions based on such data, information or content. In exchange for accessing, viewing, and using the Site, you agree not to hold LienLog and/or its Suppliers liable for any possible claim for damages arising from any decision you, your affiliates, employees, parent companies, subsidiaries, agents, and/or third party contractors make based on using the Site.
Unless otherwise expressly agreed in writing, no fiduciary, quasi-fiduciary or other special relationship exists between you and LienLog and/or its Suppliers. We owe you a duty of ordinary care. Any internal policies or procedures that LienLog and its Suppliers may maintain in excess of reasonable commercial standards and general usage are solely for LienLog’s and its Suppliers’ own benefit and shall not impose a higher standard of care than otherwise would apply in their absence.
License and Site Access
A. Access. LienLog grants you a limited license solely to access, view and make personal use of the Site. You may not download (other than page caching or downloading reports generated by the Site) or modify any portion of the Site and/or the data, information, content, and materials provided therein, except with the express written or e-mailed consent of LienLog. The license to use the Site is to access the data, information, content, and materials provided therein and does not include: (1) any resale or commercial use of the Site, the data, information, content, materials and/or services contained on or accessed through the Site; (2) any derivative use of or creation of derivative works from the Site; and/or (5) data mining, use of robots or similar data gathering and extraction tools or processes. You expressly agree to not engage any of the foregoing activities.
B. Storage. You also agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the data or content on this Site for any commercial purpose whatsoever. By using the Site, you warrant to LienLog that you will not use the Site, or anything contained on the Site for any purpose that is unlawful or prohibited by these Terms.
C. Accurate Information. In consideration of your access, viewing, and use of the Site, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input pages, and/or license agreements, and (2) to maintain and update all such information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, LienLog has the right to terminate your account and refuse any and all current or future access and use of the Site. You agree not to attempt to resell or transfer (i) any portion of the Site, or (ii) the use of or access to the Site.
D. Verification. You agree that we may verify your identity at any time during or after registration. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you either (1) do not provide any such requested information, and/or (2) LienLog cannot verify your identity, you agree that we can refuse to allow you access to and use of the Site.
E. Login and Password. You agree and understand that you are solely responsible for maintaining the confidentiality of your password, which, together with your LoginID, e-mail address, and mobile number allows you to access the Site, the data, information, content, materials and/or Services contained on or accessed through the Site.
F. Use with Your Mobile Device. Access to and use of the Site, the data, information, content, and/or materials contained on or accessed through the Site, and any portion thereof, may be available through a compatible mobile device, Internet and/or network access and may require software or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. LienLog MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (1) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SITE, THE DATA, INFORMATION, CONTENT, MATERIALS, AND/OR SERVICES CONTAINED ON OR ACCESSED THROUGH THE SITE AT ANY TIME OR FROM ANY LOCATION; (2) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (3) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE DATA, INFORMATION, CONTENT, MATERIALS, AND/OR SERVICES CONTAINED ON OR ACCESSED THROUGH THE SITE.
G. Interruption. You agree that neither LienLog, its Suppliers, nor its third-party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the content on the Site. You agree to neither (1) redistribute or facilitate the redistribution of, nor (2) provide access to, the data, information, content, materials and/or services contained on or accessed through the Site to anyone who is not authorized by LienLog to receive the same.
User Responsibilities; Monitoring
A. User Conduct. By using the Site, you agree that you will not do any of the following:
1. Restrict or inhibit any other user in any way from using and enjoying the Site as a whole or any of its individual contents or components; or
2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, discriminatory, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by LienLog in writing) or engage in spamming or flooding; or
4. Post or transmit any information, software, or material which contains a virus, trojan horse, worm and/or other harmful component; or
5. Post, publish, transmit, reproduce, distribute or in any way exploit any data, information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. Upload, post, publish, transmit, reproduce, or distribute in any way, data, information, software or other material obtained through the Site which is protected by copyright or other proprietary right, or create any derivative works with respect thereto, without first obtaining the permission of the rightful copyright owner or right holder; or
7. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, the data, information, content, materials and/or Services contained on or accessed through the Site, other than the search engines and search agents available on or through the Site and other than generally available third-party web browsers; or
8. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
B. Site Monitoring / Other Users’ Use. LienLog has no obligation or duty to monitor the Site. However, you agree that LienLog has the right to monitor the Site electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Site and the Services properly; and/or (3) protect itself, its Suppliers and/or its customers. LienLog further reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
A. Emails. The Site provides you LienLog e-mail addresses so that you may communicate electronically by sending an e-mail message to LienLog. All e-mail sent to and from LienLog will be received or otherwise recorded by the LienLog corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Site may involve the electronic transmission to any e-mail address you provided to us of information that you may consider to be personal financial information, and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
B. Recording. In connection with your use of the Site, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and LienLog or its representatives or agents. You acknowledge and consent to the recording, retention and use by LienLog and its Suppliers of any and all information and data contained in (1) any communication with LienLog and its Suppliers, (2) any input posted on or through, and/or (3) any reports that you generate during your access to and use of the Site.
C. Feedback. LienLog may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about LienLog’s software and the Site ("Feedback"). You agree that LienLog may, in its sole discretion, use the Feedback you provide to LienLog and its Suppliers in any way, including in future modifications of the Site and any of the Site’s contents or components, including, but not limited to the multimedia works, the layout thereof and/or advertising and promotional materials relating thereto. You hereby grant LienLog a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Intellectual Property and Proprietary Rights
A. Software Ownership; Copyrights in Site Material. As between you and LienLog, LienLog and its Suppliers own and license various computer and technological software, software concepts and documentation and other material on, in or made available through the Site (the “Software”), as well as the selection, coordination, arrangement, and organization and enhancement of all photographs, images, designs, copy text, and other copyrightable materials included on the Site (the “Site Material”). The Software and all Site Material are protected pursuant to United States copyright laws and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Software or Site Materials. LienLog and its Suppliers do not grant any license or other authorization to you of their copyrights in or to the Site Materials. You agree to not display, make commercial use of, copy, distribute, make derivative works from, or otherwise exploit the Site Materials, except as authorized within these Terms. You agree that if you violate any of these Terms, LienLog may automatically terminate your permission to access and use the Site.
B. Trademarks; Patents. LienLog and its Suppliers do not grant any license or other authorization to you of their trademarks, logos, service marks, trade dress, or other source-identifying symbols or devices, whether registered or unregistered, (the “Trademarks”) by placing them on the Site, within the Site Material, or on any other platforms or websites owned or operated by LienLog and its Suppliers, or otherwise. You agree to not display, use, copy, distribute, infringe on, or otherwise exploit the Trademarks except as authorized within these Terms. LienLog and its Suppliers do not grant any license or other authorization to you of their design or utility patents, whether registered or unregistered (the “Patents”) by placing them on the Site, or on any other platforms or websites owned or operated by LienLog and its Suppliers, or otherwise. You agree to not display, use, copy, distribute, reverse engineer or otherwise exploit the Patents except as authorized within these Terms.
A. Payment. Some products on or accessed through the Site (such as Software) may be made available for purchase individually from time to time. By registering for such products from LienLog and its Suppliers, and/or purchasing products on the Site, you represent, warrant and acknowledge that: (1) you are eighteen (18) years of age or older, (2) you are responsible for all charges incurred under your account, whether made by you or another person using your account, (3) if for any reason LienLog does not receive payment for a purchase, LienLog may exercise its rights in law and equity, including (i) immediately suspending or terminating your account; (ii) seeking collection of the outstanding amount owed; and/or (iii) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site and Software, including, but not limited to, sales, use or excise taxes (excluding any taxes on LienLog’s net income). To the extent that LienLog is obligated to collect such taxes, the applicable tax will be added to your billing account. All fees payable to LienLog are non-refundable.
B. Return, Refund & Cancellation Policy. Credits from nonrefundable cancellations will remain on account for future use for a one-year period of time. You agree that any discrepancies appearing on your credit card statement will be deemed accepted by you for all purposes unless you notify LienLog of any such discrepancies within sixty (60) calendar days after such discrepancies first appear on such statement. You agree to release LienLog from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within sixty (60) calendar days of such error or discrepancy’s first appearance on a credit card statement. The rights granted to you herein terminate immediately upon any violation by you of these Terms. LienLog reserves the right to terminate, suspend or modify your access to the Site at any time, without notice, for any reason whatsoever. You agree that LienLog shall not be liable to you or any third party for any termination of your access to this Website.
Third Party Services
A. Third Party Offers. In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by LienLog (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not LienLog, is responsible for the performance of the Third Party Services. The Site may contain or reference links to third parties’ websites and platforms where the trading of securities is possible. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by LienLog of any information contained in any third party’s website or platform. In no event will LienLog be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of LienLog. LienLog and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.
B. Trading Restrictions. You acknowledge and agree that any quotations of prices and news stories, which are accessed within a trading day, may be delayed at least twenty (20) minutes, as may be required by exchanges and information providers. You acknowledge and agree that you bear responsibility for your own investment research, trading, and investment decisions, and that LienLog and its Suppliers shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Site. Prior to the execution of a securities trade, you should always consult with your broker or other financial representative to verify securities pricing information.
Please consider the following points before engaging in the purchase, sale or trading of any tax liens, whether through the Site or otherwise: (1) the purchase of tax liens for investment purposes is generally not appropriate for a person or entity with limited resources and limited investment or trading experience and low risk tolerance; (2) the purchase and sale of tax liens requires some degree of in-depth knowledge and familiarity with liens in general, and tax liens more specifically; and (3) in attempting to profit through the purchase and sale of tax liens, you should have, in advance, appropriate and applicable experience and knowledge of these instruments and the manner by which they function.
Failure to Comply With Terms and Conditions and Termination
A. Account Control. You acknowledge and agree that LienLog may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that LienLog, in its sole discretion, believes violate any of the Terms, violate the rights of LienLog, or is otherwise inappropriate for continued access.
B. Access to Materials. You acknowledge and agree that LienLog may in its sole discretion deny you access through the Site to any materials stored online, or to access Third Party Services, merchandise or information online through the Site, and LienLog and its Suppliers shall have no responsibility to notify any third-party providers of Services, merchandise or information nor any responsibility for any consequences resulting from such lack of notification.
C. Indemnification for Use of Site/Information Transmission. You agree to defend, indemnify and hold LienLog and its Suppliers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms by you or users of your account.
Disclaimer of Warranties
Your use of the Site and any of the Site’s contents or components, is entirely at your own risk. THE SITE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIENLOG AND ITS SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE, THE DATA, INFORMATION, CONTENT, MATERIALS, AND/OR THE SERVICES CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. LIENLOG DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. LIENLOG DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE, THE DATA, INFORMATION, CONTENT, MATERIALS, AND/OR THE SERVICES CONTAINED IN OR ACCESSED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY DATA, INFORMATION, CONTENT, MATERIALS, AND/OR THE SERVICES CONTAINED IN OR ACCESSED THROUGH THE SITE. LIENLOG AND ITS SUPPLIERS ARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE AND/OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIENLOG AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LIENLOG OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIENLOG AND YOU. LIENLOG WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LIENLOG’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00.
B. Interpretation; Choice of Law; Headings; Reservation of Rights. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Delaware law as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that LienLog may have under trade secret, copyright, patent or other laws.
C. ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN THE LAST PARAGRAPH OF THIS ARBITRATION CLAUSE.