Terms of Service and Conditions.
Lienholders: Regarding lien processing:
1. Smart Liens is not responsible for valuing and does not value the vehicle(s). Smart Liens does not conduct lien sales, but rather the Lienholder conducts the lien sale and therefore the Lienholder has valued the vehicle and is responsible for the information provided regarding vehicle identification numbers, license plates, and any known interested parties. 1.2 The Lienholder understands and acknowledges that Smart Liens is not responsible for any back fees, sales taxes, nor any and all registration fees owed to DMV at the time of transfer. 1.3 The Lienholder understands and acknowledges that Smart Liens does not give advice or legal advice. 1.4 When the Lienholder submits vehicle information to Smart Liens through their website or any and all written form, the Lienholder authorizes Smart Liens to file the lien. When the Lienholder submits any forms to Smart Liens, by checking the "l Agree" button, it is accepted as a signature and is a binding contract. The Lienholder hereby certifies under penalty of perjury under the laws of the State Of California that the information provided is true and correct.
Lienholders: Regarding Smart Liens’s online software usage and rules:
2. Smart Liens, otherwise and also known as, Smart Liens USA and Smart Liens Inc, owns and is a piece of cloud based software created to allow Towing Companies, Auto Repair Shops and Private Property owners to conduct liens on towed, stored or abandoned vehicles and vessels online. It is used to process liens online. The software is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this software. You may not use the software in a way that would violate the Gramm-Leach-Bliley Act (GLBA)
3. You are allowed software usage on a non-transferable, non-exclusive, non-sublicensable term of service. When, You, the Lienholder, signs up or creates an account to use our software, you are permitted by the Usage Rules, to use the software in connection to us and may only be used and accessed by and within the company you have created an account with. 3.2. You may not share or make the software available to third parties (unless to the degree allowed by Smart Liens's prior written consent), sell, rent, lend, lease or otherwise redistribute the software. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the software, or any part thereof (except with Smart Liens's prior written consent) 3.3 You may not copy or alter the software or portions thereof. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to your account at any time. If you sell your Devices to a third party, you must remove any saved passwords and access to the software from the Devices before doing so. 3.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages. 3.5 Smart Liens as owners of the software and it’s intellectual property reserves the right to modify the terms and conditions of licensing.
4. You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. By submitting suggestions of other feedback regarding the Licensed software, you agree that we can use and share such feedback for any purpose without compensation to you.
5. Smart Liens takes no accountability or responsibility for any damages caused due to a breach of duties. To avoid data loss, You are required to make use of backup functions of the software to the extent allowed by Smart Liens through applicable functions and third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the software, You Will not have access to the software.
6. TERMINATION: Access to the software is valid until terminated by Smart Liens or by You. Your rights under this software will terminate automatically and without notice from Smart Liens if You fail to adhere to any term(s) of this software and it’s rules. Upon software termination, You shall stop all use of the software, and destroy all passwords, accounts and access, full or partial, of the software.
7. Smart Liens reserves the right to modify the technical specifications as it sees appropriate at any time. Smart Liens is solely responsible for providing any maintenance and support services for the software. You can reach Smart Liens at the email address: smartliensusa@gmail.com for feedback and support.
8. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.