Terms of Service & Legal Disclaimer

The agreement and disclaimers that govern your access to and use of the Lienback website, client portal, software, and related services.
Part I

Website Terms of Service Agreement

Welcome to Lienback (“Provider,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Lienback website, client portal, software, data scraping tools, and related services (collectively, the “Services”). By accessing or using our site, creating an account, or electronically signing any user agreement, you (“User,” “undersigned,” or “you”) agree to be bound by these Terms.

1. Scope of Services

Provider agrees to provide User access to its platform and related operational workflows, including national lien processing, tracking, automated filing tools, asset recovery data solutions, and administrative portal access as specified in the service schedule.

2. Fee Schedule & Payment Terms

User agrees to pay Provider for all services rendered in accordance with the applicable Fee Schedule established at account activation or as updated by Provider upon written or portal notice. All payments must be made in U.S. Dollars via approved payment methods.

3. Refund, Credit Return, and Expiration Policy

  • No Cash Refunds: All fees, charges, subscription costs, and pre-purchased credit payments made to Provider are final and non-refundable.
  • Credit Balances & Expiration: Pre-purchased or user-loaded platform credits are non-refundable and cannot be redeemed for cash or cash equivalents. All user-purchased credits must be utilized within one hundred and eighty (180) days from the date of purchase. Unused credits remaining after 180 days will automatically expire and be forfeited.

4. Promotional “Gifts” and Credits

Provider may occasionally issue promotional “gifts” or free credits to new users or marketing participants. Promotional credits hold zero cash value, are non-transferable, cannot be redeemed for cash or credit returns, and may be revoked, modified, or expired by Provider at any time without prior notice or liability.

5. Inactivity and Account Deactivation

Because Provider incurs ongoing third-party hosting, maintenance, infrastructure, and portal “footprint” licensing costs on a monthly basis for each client portal, active account management is required:

  • Deactivation Window: If User’s account reflects six (6) consecutive months of non-use (defined as zero platform logins and zero active lien processing transactions), Provider reserves the right to automatically deactivate and terminate User’s portal footprint without notice.
  • Forfeiture: Upon deactivation due to non-use, all remaining credits (purchased or promotional) shall be permanently forfeited, and Provider shall have no obligation to retain, backup, or maintain User’s historical data or portal records.

6. Intellectual Property

All forms, processes, data structures, software workflows, web templates, logos, trademarks, patents, scrapers, and intellectual property created, displayed, or utilized by Provider remain the exclusive property of Provider. User receives a limited, revocable, non-exclusive, non-transferable license to access the platform solely for internal business operations.

7. Third-Party Vendors and Disclaimers

User acknowledges that Provider’s services rely upon, integrate with, and utilize independent third-party vendors, databases, state agency systems, host servers, and software infrastructure (“Third-Party Vendors”). Provider does not warrant, endorse, guarantee, or assume responsibility for the uptime, availability, data integrity, or performance of any non-named Third-Party Vendor. Provider shall not be liable for service disruptions, data losses, or transaction failures caused directly or indirectly by Third-Party Vendor system failures.

8. Digital Accessibility and ADA Compliance

Provider is committed to making its digital platform accessible in accordance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. However, User remains solely responsible for ensuring that any forms, documents, statutory notices, attachments, or data uploaded, transmitted, or distributed by User through the platform comply with all applicable federal, state, and local accessibility laws, including Title II and Title III of the Americans with Disabilities Act (ADA). Provider disclaims all liability for inaccessible third-party data or user-submitted content.

9. User Obligations, Compliance, and Indemnification

  • Compliance with Law: User covenants and agrees to conduct all business activities related to the services in strict accordance with all applicable federal, state, and local laws, regulations, statutory lien procedures, and administrative rules.
  • Legal Responsibility: User assumes sole legal responsibility and liability for all actions, filings, statutory notices, vehicle background inquiries, or inactions executed through or in connection with Provider’s Services.
  • Indemnification: User agrees to defend, indemnify, and hold harmless Provider, its officers, directors, employees, and third-party partners against any and all claims, liabilities, damages, losses, costs, or legal fees arising out of User’s breach of these Terms, statutory non-compliance, improper lien filings, third-party disputes, or accessibility violations stemming from user-generated content.

10. Cooperation with Law Enforcement and Legal Investigations

Absolute Transparency Mandate: Provider maintains a policy of full cooperation with law enforcement and judicial authorities. User explicitly agrees that Provider may fully cooperate with any legitimate law enforcement inquiries, subpoenas, court orders, warrants, or civil investigative demands pursuant to an alleged, suspected, or confirmed crime or regulatory investigation.

Data Disclosure & Release: Provider reserves the right to disclose User records, portal activity logs, transactional records, and footprint data to law enforcement or governmental bodies without prior notice to User. User hereby releases Provider from any and all liability or claims arising from such disclosures.

11. Termination

Provider reserves the right to suspend or terminate User’s access or this Agreement at any time, with or without cause, or for Provider’s convenience, upon electronic notice to User.

Part II

Comprehensive Legal Disclaimer

PLEASE READ CAREFULLY: The following disclaimers govern your use of the Lienback website, software tools, lien processing templates, and reporting features.

1. No Legal Advice Disclaimer

Lienback is a technology, administrative, and lien workflow facilitation platform. Lienback is not a law firm, and its employees, software, tools, and materials do not constitute legal advice. Laws governing mechanic’s liens, storage liens, towing recovery, statutory notice periods, vehicle title clearance, and asset sales vary significantly by state, county, and local jurisdiction. All templates, automated notices, workflows, and forms are provided for operational guidance only. User is strongly advised to consult qualified legal counsel to verify compliance with local statutory mandates.

2. Digital Accessibility Disclaimer

Lienback continuously strives to maintain accessible portal interfaces in alignment with WCAG 2.1 Level AA benchmarks. However, Lienback makes no representations or warranties regarding the digital accessibility of third-party external links, state/county portal databases, or user-uploaded documentation. Users experiencing accessibility barriers are encouraged to contact platform support immediately for reasonable accommodation.

3. Accuracy of Information & Government Data Disclaimer

While Lienback strives to maintain accurate and up-to-date data structures, all information, state statutes, forms, and third-party database results (including vehicle owner, lienholder, and BMV/DMV records) are provided “AS IS” and “AS AVAILABLE.” Lienback does not warrant or guarantee that database inquiries, postal address validation, or automated notices are error-free, complete, or current. User assumes full responsibility for verifying all party details prior to initiating statutory enforcement actions.

4. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIENBACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LIENBACK DOES NOT WARRANT THAT WEBSITE ACCESS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

5. Limitation of Liability

IN NO EVENT SHALL LIENBACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, STATUTORY PENALTIES, WRONGFUL CONVERSION CLAIMS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. LIENBACK’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY USER TO LIENBACK IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

6. User Sole Responsibility for Compliance

User acknowledges that improper lien placement, inaccurate certified mail notices, premature vehicle auctions, or failure to adhere to statutory waiting periods can result in severe civil liabilities, claims of conversion, or criminal penalties. User assumes 100% of the risk and legal burden associated with executing lien workflows and statutory sales using Lienback’s platform.

7. Governing Law & Jurisdiction

These Terms and Legal Disclaimers shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these agreements or services shall be instituted exclusively in the federal or state courts located in Indiana, and User consents to personal jurisdiction and venue therein.