Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Lien Auction LLC ("Lien Auction," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you are using our services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these terms.

2. Description of Services

Lien Auction provides comprehensive technology solutions for lien processing and auction management, including:

• Lien processing workflow management software
• Digital documentation and compliance tracking
• Vehicle auction marketplace platform
• Automated notice generation and delivery tracking
• Military status verification integration (DMDC/SCRA)
• State-specific compliance modules
• Integration with DMV and third-party systems
• Training and support services

3. CRITICAL LIEN PROCESSING DISCLAIMERS

3.2 State Law Compliance

You acknowledge that lien laws vary significantly by jurisdiction. You are solely responsible for:

• Understanding your state's specific lien statutes
• Complying with county and municipal requirements
• Following proper notice and timing procedures
• Maintaining required documentation
• Adhering to sale and disposal regulations

3.3 Military Personnel Protections (SCRA)

You acknowledge and agree that you are solely responsible for compliance with the Servicemembers Civil Relief Act (SCRA) and related military protection laws, including:

• Verifying military status through proper channels
• Obtaining required court orders before enforcement
• Providing proper notice to military personnel
• Respecting extended protection periods
• Coordinating with military legal offices when required

Lien Auction's military status verification tools are provided for convenience only. You must independently verify all military status information and ensure full SCRA compliance.

3.4 Documentation and Record Keeping

While our platform assists with documentation, you remain solely responsible for:

• Maintaining all legally required records
• Ensuring accuracy of all documentation
• Preserving records for required retention periods
• Providing documentation to authorities as required
• Creating backups of critical records

4. User Responsibilities and Obligations

4.1 Account Requirements

To use our services, you must:

• Be a properly licensed business entity in your jurisdiction
• Maintain all required licenses and permits
• Provide accurate and complete registration information
• Maintain current insurance as required by law
• Designate authorized users and maintain access controls

4.2 Compliance Obligations

You agree to:

• Comply with all applicable federal, state, and local laws
• Follow proper lien procedures for your jurisdiction
• Maintain required bonds and insurance
• Respond promptly to customer disputes
• Cooperate with regulatory investigations
• Report suspected fraud or illegal activity

4.3 Prohibited Activities

You may not use our services to:

• Violate any laws or regulations
• Process fraudulent or invalid liens
• Circumvent legal notice requirements
• Discriminate against protected classes
• Harass or intimidate customers
• Manipulate auction outcomes
• Access unauthorized data or systems
• Reverse engineer our software

5. LIMITATION OF LIABILITY

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Lien Auction, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms of Service
• Your violation of any laws or regulations
• Your lien processing activities
• Claims by vehicle owners or lienholders
• SCRA or military protection violations
• Improper notices or procedures
• Your negligence or willful misconduct
• Disputes arising from your business operations

7. Service Fees and Payment

7.1 Fee Structure

• Lien Processing: $299 per vehicle
• Auction Services: Revenue share model (percentage of sale)
• Additional Services: As quoted separately
• Training and Support: Included with active subscription

7.2 Payment Terms

• Payment due upon service completion or monthly billing cycle
• Late payments subject to 1.5% monthly interest
• Service suspension for accounts 30+ days past due
• No refunds for completed lien processing services

8. Data Privacy and Security

8.1 Data Handling

Our handling of personal and business data is governed by our Privacy Policy. You agree to:

• Provide only authorized data to our platform
• Obtain necessary consents for data processing
• Comply with applicable privacy laws
• Maintain confidentiality of customer information
• Report any data breaches immediately

8.2 Data Retention

We retain data according to legal requirements:

• Lien documentation: 7 years
• Military status verifications: 4 years
• Auction records: 10 years
• Customer communications: 5 years
• Financial records: 7 years

9. Intellectual Property

9.1 Lien Auction Property

All software, documentation, designs, and content provided by Lien Auction remain our exclusive property. You receive only a limited license to use our services.

9.2 Your Data

You retain ownership of your business data. You grant us a license to process and display your data as necessary to provide our services.

10. Warranties and Disclaimers

11. Dispute Resolution and Arbitration

11.1 Mandatory Arbitration

Any dispute arising from these Terms or our services shall be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration shall occur in Wake County, North Carolina.

11.2 Class Action Waiver

YOU WAIVE ANY RIGHT TO BRING CLAIMS AS A CLASS ACTION OR IN ANY REPRESENTATIVE CAPACITY.

11.3 Governing Law

These Terms are governed by North Carolina law without regard to conflict of law provisions.

12. Termination

12.1 Termination by You

You may terminate with 30 days written notice. Fees for services already rendered are non-refundable.

12.2 Termination by Lien Auction

We may terminate immediately for:

• Violation of these Terms
• Illegal activities or fraud
• Non-payment of fees
• Risk to our systems or reputation
• Regulatory or legal requirements

12.3 Effect of Termination

Upon termination, you must cease using our services, pay outstanding fees, and return any confidential information. Sections regarding liability, indemnification, and dispute resolution survive termination.

13. Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, or infrastructure failures.

14. Modifications to Terms

We may modify these Terms with 30 days notice for material changes. Continued use after the effective date constitutes acceptance. We may make immediate changes for legal or security reasons.

15. General Provisions

15.1 Entire Agreement

These Terms and referenced policies constitute the entire agreement between you and Lien Auction.

15.2 Severability

If any provision is unenforceable, the remaining provisions continue in effect.

15.3 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations.

15.4 No Waiver

Failure to enforce any provision does not waive our right to enforce it later.

16. Contact Information