TERMS AND CONDITIONS


 A.        THE LIEN PROFESSOR

Each State specific Website, its content, and Kits are individually owned and operated by separate and distinct Lien Professor entities.  For example, the Texas Website, content, and Kits, are owned by The Lien Professor of Texas, LLC, and the Florida Website, content, and Kits are owned by The Lien Professor of Florida, LLC.  As such, by agreeing to these Terms and Conditions, you are entering into an agreement with the applicable Lien Professor entity associated with the state specific Website, content, and Kit (hereinafter referred to as “Lien Professor”).   

B.        TERMS OF USE

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE PRODUCT(S) CREATED BY THE LIEN PROFESSOR. TO AGREE TO THESE TERMS, CLICK THE BOX TO THE LEFT OF THE STATEMENT THAT STATES "I AGREE WITH THE TERMS AND CONDITIONS."  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE BOX AND DO NOT PURCHASE THE PRODUCT(S). 

These Terms and Conditions, these Terms of Use, the Website Terms of Use, and our Privacy Policy set forth the conditions under which you may access and use the Lien Professor’s websites (“Websites”) and Kits (“Products”).  By accessing and using the Websites and or purchasing a Product, you agree to be bound by these Terms and Conditions, these Terms of Use, the Website Terms of Use, and our Privacy Policy then in effect and by all applicable law.  If you do not agree with any of these Terms and Conditions, these Terms of Use, the Website Terms of Use, or our Privacy Policy, you should not access or use the Websites for any purpose or purchase this Product.  Lien Professor reserves the right to terminate or limit your access to the Websites for any violation of these Terms and Conditions, these Terms of Use, the Website Terms of Use,  or our Privacy Policy, or for any other reason, at our sole discretion.

C.        LIEN PROFESSOR TERMS OF SALE

PAYMENTS, TAXES, AND REFUND POLICY

The Lien Professor accepts credit cards issued by U.S. banks through Stripe (www.stripe.com) and payments through PayPal (www.paypal.com). If a credit card or your PayPal account is being used for a transaction, Lien Professor may obtain preapproval for an amount up to the amount of the order.  Billing occurs at the time of or shortly after your transaction. If you are using your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement.

You agree that you will pay for all products you purchase from Lien Professor, and that Lien Professor may charge your credit card or PayPal account for any products purchased and for any additional amounts (including any taxes as applicable) that may be accrued by or in connection with your purchase. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING LIEN PROFESSOR WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product.  If you are purchasing the product in Texas or with reference to a Texas address, then you will be charged the applicable sales tax for the State of Texas. 

If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is a full refund of the price paid and received by the Lien Professor.              

D.        LIEN PROFESSOR TERMS AND CONDITIONS

THIS LEGAL AGREEMENT BETWEEN YOU AND LIEN PROFESSOR GOVERNS YOUR USE OF THE LIEN PROFESSOR WEBSITES AND PRODUCTS (THE “LIEN PROFESSOR SERVICE”).

THE LIEN PROFESSOR SERVICE

Lien Professor is the provider of the Lien Professor Service, which permits you to purchase digital content ("Lien Professor Products") for end user use only under the terms and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE LIEN PROFESSOR SERVICE

This Lien Professor Service is available for individuals aged 18 years or older.

The Lien Professor Service is available to you only in the United States, its territories, and possessions. You agree not to use or attempt to use the Lien Professor Service from outside these locations. Lien Professor may use technologies to verify your compliance.

Use of the Lien Professor Service and Lien Professor Products requires compatible devices, Internet access, and Microsoft Word. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Lien Professor Service and Lien Professor Products are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Lien Professor Service or Lien Professor Products.

PRIVACY POLICY

The Lien Professor Service and the Lien Professor Products are subject to Lien Professor’s Privacy Policy located at http://www.lien.eclhost.com/texas/privacy-policy/.  By accepting these Terms and Conditions, you agree to our Privacy Policy.

USE OF PURCHASED OR RENTED CONTENT

You agree that you shall use the Lien Professor Service and the Lien Professor Products in compliance with the applicable usage rules established by Lien Professor (“Usage Rules”), and that any other use of the Lien Professor Products may constitute a copyright infringement. Lien Professor reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Lien Professor for compliance purposes, and Lien Professor reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Lien Professor Service or Lien Professor Products by any means other than through that which is provided by Lien Professor for accessing the Lien Professor Service and/or Lien Professor Products. You agree not to modify the Lien Professor Service or Lien Professor Products in any manner or form, or to use modified versions of the Lien Professor Service or Lien Professor Products, for any purposes including obtaining unauthorized access to the Lien Professor Service or Lien Professor Products. Violations of system or network security may result in civil or criminal liability.

USAGE RULES

(i) You shall be authorized to use Lien Professor Products only for noncommercial use.

(ii) The Lien Professor Products may be used for your personal use but may not be copied, sold or distributed to other persons.  The materials available on the Websites may not be republished, nor may they be reverse engineered, translated, modified or used to make derivative information or materials.

(iii) You may copy and store Lien Professor Products as reasonably necessary for noncommercial use. 

(iv) The Lien Professor Products available for purchase from Lien Professor may not be reproduced, transferred, sold or assigned to other persons.  You are granted a non-exclusive license to use the products for your personal use only, or if you are an attorney, for the client for whom the form or product was purchased.

Lien Professor Products may be downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Lien Professor Products once downloaded, and you may wish to back them up.

The delivery of Lien Professor Products does not transfer to you any commercial or promotional use rights in the Lien Professor Products. Any copying or exporting capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of Lien Professor in any content embodied in any Lien Professor Product.

You acknowledge that, because some aspects of the Lien Professor Service, Lien Professor Products, and administration of the Usage Rules entails the ongoing involvement of Lien Professor, if Lien Professor changes any part of or discontinues the Lien Professor Service, which Lien Professor may do at its election, you may not be able to use Lien Professor Products to the same extent as prior to such change or discontinuation, and that Lien Professor shall have no liability to you in such case.

INTELLECTUAL PROPERTY

You agree that the Lien Professor Service, including but not limited to Lien Professor Products, graphics, user interface, editorial content, and the scripts and software used to implement the Lien Professor Service, contains proprietary information and material that is owned by Lien Professor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Lien Professor Service in compliance with this Agreement. No portion of the Lien Professor Service or Lien Professor Products may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, give, distribute, or create derivative works based on the Lien Professor Service or Lien Professor Products in any manner, and you shall not exploit the Lien Professor Service or Lien Professor Products in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Lien Professor and its licensors reserve the right to change, suspend, remove, or disable access to any Lien Professor Products, content, or other materials comprising a part of the Lien Professor Service at any time without notice. In no event will Lien Professor be liable for making these changes. Lien Professor may also impose limits on the use of or access to certain features or portions of the Lien Professor Service, in any case and without notice or liability.

All copyrights in and to the Lien Professor Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), Products, and related software are owned by Lien Professor and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF THE LIEN PROFESSOR SERVICE/PRODUCTS, EXCEPT FOR USE OF THE LIEN PROFESSOR SERVICE OR LIEN PROFESSOR PRODUCTS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Lien Professor, the Lien Professor logo, and other Lien Professor trademarks, service marks, graphics, and logos used in connection with the Lien Professor Service are trademarks or registered trademarks of The Lien Professor, LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Lien Professor Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

TERMINATION

If you fail, or Lien Professor suspects that you have failed, to comply with any of the provisions of this Agreement, Lien Professor, at its sole discretion, without notice to you may: (i) terminate this Agreement and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the rights to the Lien Professor Products; and/or (iii) preclude access to the Lien Professor Service (or any part thereof).

Lien Professor reserves the right to modify, suspend, or discontinue the Lien Professor Service (or any part or content thereof) at any time with or without notice to you, and Lien Professor will not be liable to you or to any third party should it exercise such rights.

LEGAL NOTICES AND DISCLAIMERS

Lien Professor provides legal information which is not legal advice. Legal information informs you of the law and your rights, but does not advise you what course of action to take for your situation. Legal advice is what lawyers provide. Legal information found in the Lien Professor Products or when using the Lien Professor Service includes Legal Definitions, Summaries of Law, Practice Pointers, Inside Tips, Examples, Practice Keys, Practical Application, Lawyer Advertising, and a wealth of additional legal information.

If you are unable to understand the Product(s) or are unable to determine the appropriate course of action on your own, Lien Professor suggests that you consult with an attorney of your choice, to include but not limited to the state specific attorneys who sponsors the Website.  Lien Professor does not provide legal advice and the Lien Professor Products do not constitute legal advice.  The Lien Professor Products are not a substitute for the advice of an attorney. 

By ordering Lien Professor Products, you agree that the purchased documents and instructions may only be used for your personal use or use for your clients and may not be sold or redistributed without the written consent of Lien Professor.

No Attorney-Client Relationship is Created by Your Use of the Lien Professor Service or purchase of the Lien Professor ProductsNo attorney-client relationship between you and Lien Professor is or may be created by your access to or use of the Lien Professor Service, the Lien Professor Products, or any information contained therein. Lien Professor is not an attorney and therefore cannot provide legal advice or enter into an attorney-client relationship.  Further, none of the information provided through the Lien Professor Service or in the Lien Professor Products constitutes legal advice, nor does it necessarily reflect the opinions of Lien Professor.

The information provided by the Lien Professor Service and by the Lien Professor Products is general in nature and does not apply to any particular factual, legal, financial, insurance, or other situation. As such, if necessary, you should seek professional advice as you determine appropriate.

In particular, you should consult personally and directly with:

  • an attorney to understand what your legal rights may be in any particular situation;
  • and/or appropriate financial or insurance professionals for advice related to any financial matters, such as related to any insurance matters.

In addition, although Lien Professor tries to provide accurate and complete information, Lien Professor makes no commitment or express or implied warranty that the factual, legal, financial, or any other information provided by the Lien Professor Service and by the Lien Professor Products, or on any linked websites, is accurate, complete, error-free, or current. Lien Professor assumes no liability if it is not, and your use of the information provided by the Lien Professor Service and by the Lien Professor Products is solely at your own risk.

DISCLAIMER OF WARRANTIES and LIABILITY LIMITATION

THE LIEN PROFESSOR PRODUCTS OR MATERIALS AVAILABLE THROUGH THE LIEN PROFESSOR SERVICE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL LIEN PROFESSOR OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LIEN PROFESSOR PRODUCTS OR MATERIALS, EVEN IF LIEN PROFESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH USER OF THE LIEN PROFESSOR SERVICE AND PURCHASER/USER OF THE LIEN PROFESSOR PRODUCTS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE LIEN PROFESSOR SERVICE, THE LIEN PROFESSOR PRODUCTS OR MATERIALS. LIEN PROFESSOR AND ITS PARTNERS AND AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY LIEN PROFESSOR PRODUCTS OR MATERIALS OFFERED THROUGH THE LIEN PROFESSOR SERVICE.  LIEN PROFESSOR WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LIEN PROFESSOR PRODUCTS OR MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT LIEN PROFESSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN LIEN PROFESSOR'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

LIEN PROFESSOR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE LIEN PROFESSOR SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LIEN PROFESSOR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WAIVER AND INDEMNITY

BY USING THE LIEN PROFESSOR SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD LIEN PROFESSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE LIEN PROFESSOR SERVICE, OR ANY ACTION TAKEN BY LIEN PROFESSOR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM LIEN PROFESSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE LIEN PROFESSOR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LIEN PROFESSOR 'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Modification

Lien Professor reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Lien Professor Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Lien Professor Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement, and the agreements/policies of which it incorporates, constitutes the entire agreement between you and Lien Professor and governs your use of the Lien Professor Service and Products, superseding any prior agreements between you and Lien Professor. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Lien Professor's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Lien Professor will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Lien Professor Service is operated by Lien Professor from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Lien Professor Service. All transactions on the Lien Professor Service are governed by Texas law, without giving effect to its conflict of law provisions. Your use of the Lien Professor Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Lien Professor or relating in any way to your use of the Lien Professor Service resides in the courts in the State of Texas. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Texas upon electronic transmission to the recipient. No Lien Professor employee or agent has the authority to vary this Agreement.

Lien Professor reserves the right to take steps Lien Professor believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Lien Professor has the right, without liability to you, to disclose any submitted information to law enforcement authorities, government officials, and/or a third party, as Lien Professor believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Lien Professor's right to cooperate with any legal process relating to your use of the Lien Professor Service and/or Lien Professor Products, and/or a third-party claim that your use of the Lien Professor Service and/or Lien Professor Products is unlawful and/or infringes such third party's rights).