By entry and use of this site, the subscriber agrees to the following Terms and Conditions of this LienSource Membership Agreement (hereinafter the Agreement):
The phrase "LienSource" refers to the company LienSource, a sole proprietorship fully owned by Steven M Davis. The phrase "the subscriber" refers to the person or entity which uses the LienSource services. The phrase "the service" refers to the LienSource service. The use of LienSource constitutes acceptance of these Terms and Conditions.
Services provided to the subscriber by LienSource may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. It is unlawful and a violation of this Agreement to use these services for any illegal or unlawful purposes.
Any attempt to violate the security, stability, or integrity of any LienSource sites or any servers containing said sites is strictly prohibited and grounds for cancellation of services and legal action.
The subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to the subscriber's use of any data contained in the service or any other service provided by LienSource.
Subscription is renewable annually at the rate in effect at the time of renewal and payment for annual subscription is due thirty (30) days prior to new annual cycle. If payment of annual fee is not received before the first day of the service cycle for any reason, all services provided by LienSource will be cancelled. Reinstatement of cancelled service will be made upon proper payment of annual fee with new cycle start date set as date payment is received by LienSource.
Fees for purchases are payable in advance of delivery of said purchases. In any case where LienSource has opted to deliver purchases in advance of payment and instead invoices for such purchases, payment of said invoice is due within 15 days of invoice date. If payment of invoice is not received by LienSource by the 15th day after the due date, the account is to be considered delinquent and may be subject to interest charged at the rate of 1.5% per month (18% per cent per annum), or the maximum permitted legal rate, whichever is higher. Delinquent accounts are subject to suspension until payment in full for services is received. Extended delinquencies may be subject to further collection action. In instance of bank error, LienSource may, at its discretion, remove any late payment charges and reinstate account upon receipt of written explanation of non-payment from issuing bank.
Fee for returned check is $30.00. In instance of bank error, LienSource may, at its discretion, remove any returned check charges upon receipt of written explanation of returned check from issuing bank.
The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber. Similarly, the subscriber's membership cannot be transferred, shared, sold or used by anyone other than the subscriber without express prior written consent by an authorized officer of LienSource.
Data obtained from the service by the subscriber cannot be transferred, shared, sold, or used by anyone other than the subscriber without express prior written consent by an authorized officer of LienSource.
User ID’s and passwords remain the property of LienSource and are issued for use by the subscriber only. User ID’s and passwords may be changed by LienSource at any time with notification to the subscriber either immediately preceding or following such change. User ID’s and passwords issued to or used by the subscriber cannot be transferred, shared, sold, or used by anyone other than the subscriber without express prior written consent by an authorized officer of LienSource.
LienSource shall have the right to suspend or discontinue service to the subscriber at any time. LienSource reserves the right to decline any services to any customer for any reason.
LIMITED WARRANTY. LIENSOURCE WARRANTS THAT DATA PRESENTED IS AN ACCURATE AND TRUE REPRESENTATION OF THAT WHICH IS RECEIVED FROM THE SOURCES FROM WHICH SAID DATA WAS OBTAINED, TO THE BEST OF LIENSOURCE’S ABILITY AND KNOWLEDGE. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY LIENSOURCE, EITHER EXPRESSED OR IMPLIED, REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES PROVIDED BY LIENSOURCE, AND THEREFORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION THAT IS PROVIDED BY THE SOURCES FROM WHICH SAID DATA WAS OBTAINED; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITED LIABILITY. ANY LIABILITY OF LIENSOURCE INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO LIENSOURCE FOR THE CURRENT SERVICE CYCLE.
SUBSCRIBER AGREES THAT LIENSOURCE, ITS OWNERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY OF SUBSCRIBER'S OWNERS, OFFICERS, EMPLOYEES, CUSTOMERS OR AGENTS FOR ANY CLAIMS OR DAMAGES WHICH MAY BE SUFFERED BY SUBSCRIBER OR ITS OWNERS, OFFICERS, EMPLOYEES CUSTOMERS OR AGENTS, INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM INACCURACY OR UNAVAILABILITY OF DATA, THE LOSS OF DATA, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERIES, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF LIENSOURCE. SUBSCRIBER HEREBY AGREES TO INDEMNITY AND HOLD HARMLESS LIENSOURCE FROM ANY AND ALL CLAIMS OF WHATEVER NATURE.
All rights and copyrights for site structure, data and processes are reserved by LienSource.
All other Trademarks are property of their respective owners.
This Agreement represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
These Terms and Conditions supersede all previous representations, understandings or agreements. If any part of this agreement is decided by a jury to be contrary to law, the rest of the agreement remains in full force and effect.
LienSource reserves the right to change rates and otherwise modify these Terms and Conditions by notifying the subscriber in advance of the effective date of change.
Use of LienSource or any LienSource sites or systems constitutes acceptance of these Terms and Conditions.