If you have any questions regarding the meaning or application of this Agreement, or you would like a PDF copy of this Agreement, please direct your requests to:
Prelien Pro Technologies, Inc.
PO Box 19072
Fountain Hills, AZ 85269
support at PrelienPro.com
- Who We Are and What We Do.
We are a full-service software as a service (“SaaS”) company providing the construction industry a wide array of online services focused on mechanic lien and bond claim protocols. We’re a group of construction and technology enthusiasts who enjoy finding straightforward, easy to use, and reliable solutions that simplify complex construction processes.
- Who We Are Not And What We Won’t Do.
We are not attorneys. Period. Although we offer you the ability to create legal documents for your own use, we are not attorneys, nor do we represent ourselves to be legal professionals. We do not offer legal advice, services, or direction regardless of question or scenario as the Company is not sanctioned to practice law in any way.
- More Limitations To What We Do, And What We Can Do.
The Site does not provide legal advice. The Services are not intended as a substitute for professional advice by legal, financial, business, or other qualified professionals.
Lien laws vary by state and may be altered, updated, and changed without notification. Although we do our best to ensure our websites are up to date, we cannot guarantee the accuracy as states change throughout the year. We review and update our lien laws every January by practice and will update lien law changes as we become aware of them. If you are unsure of the accuracy of the statutory guidelines or require additional definition of terms or use on these laws, please contact your attorney.
While we may send documents out for service at your request, we cannot control mailing or processing timeframes from third-party companies. This includes, but is not limited to, companies like the United States Postal Service, UPS, and/or FedEx.
In particular, the Site will do none of the following for you:
- Interpret lien laws or statutes
- Interpret lien timeframes or guidelines
- Endorse any attorney or legal professional through our Legal Corner Referral Program
Although the Site will generate a document for your use, that document is yours and yours alone. You created the document, not us. We will not validate the accuracy or legitimacy of any document that you generate through the Site.
- Access to the Site.
This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display, or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by us. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which we may undertake from time to time; or (iii) causes beyond our control or which are not reasonably foreseeable by us.
You may not access the Site if you are:
- Under the age of 18; or
- Selling to any third-party (including any user of the Site) any document that you will prepare through the Site
- In direct or indirect competition with the company’s business model and / or software products.
- Registration With the Site
You are required to create an account with us in order to utilize the Site.
To register with the Site, you must provide your name, email address, telephone number and zip code. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your account profile. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another person’s account. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.
By using the services provided by the Site, you represent that you possess the capacity to enter into a binding contract, are 18 years or older, and are not a person barred by any laws from using our Site.
If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.
- Your Relationship With Us
On the Site, You have the choice to escalate a document to our full-service lien partners to research, sign, and/or serve documents on their behalf. It is critical that you, the Client, permits the Company to sign these documents with your full agreement and acknowledgement. Please be aware that we rely exclusively upon the accuracy of information provided by you to complete online forms. These documents are limited to:
- Preliminary Notices / Notice to Owner / Notice of Furnishing
- Notice of Intent to Lien
If you choose to escalate a document to our full-service lien partners, you have then elected to have the Company be your limited agent for the purpose of preparing those particular documents. At that point, you may be bound by additional agreements based on your purchase of services from those partner companies. At no point will the Company sign or act as your agent for any legal documents that require recordation with a government agency or waive your legal right to money: namely, mechanic’s liens, bond claims, lien waivers, or lien releases. A representative of the Company will communicate with you when and if your signatures are required on any documents.
- Payments To Us/No Refunds
Fees. Unless otherwise agreed upon by us in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via the Service. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
Payment Method. You may only pay Fees using valid payment methods acceptable to us, as specified via the Service. You represent and warrant that you are authorized to use the payment method you designate via the Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. You authorize us to use a third-party service to update your designated payment information if it is cancelled or expires. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
If you purchase Paid Services through the Site, no physical products will be shipped.
- Subscription Services
Subscriptions. Certain of the Paid Services provided by us may be offered on a subscription basis with auto-renewing payments (“Subscription Services”). The billing period for each type of subscription service will be as specified via the service at the time of registration. When you register for any subscription service, you expressly acknowledge and agree that (i) Prelien Pro Technologies, Inc. and its affiliates (or our designated third-party payment processor) is authorized to charge you on a recurring basis for the subscription service (in addition to any applicable taxes and other charges) at the then-current rates for as long as the subscription service continues, and (ii) the subscription service will continue until you cancel it or we suspend or stop providing access to the service and/or platform in accordance with these terms.
Cancellation Policy For Subscription Services. To cancel any Subscription Service, you must contact us through our help center through the Site and follow the instructions in the email we send you in response to your cancellation request. You must cancel a Subscription Service a minimum of seven days before the start of the next billing period in order to avoid charges for the next billing period’s fees. Following any cancellation, you will continue to have access to the subscription services (subject to these terms) through the end of your current billing period.
Price Changes. We reserve the right to modify the fees for any Paid Services, including any subscription services, from time to time in our sole discretion. For Subscription Services, price changes will apply to the next billing period.
Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Paid Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax and will provide notice of such taxes at the time you place your order.
No Refunds On Subscriptions. Except as otherwise expressly agreed upon by the Company, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION SERVICES PERIODS.
Errors. In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging you the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such a refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
- Use Of Electronic Signatures.
The Site allows you to prepare and complete documents to establish and manage your rights to lien or claim against a bond. These documents require an authorized representative of your company to execute the signature on the document.
The US Federal ESIGN Act defines an “electronic signature” as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. The adoption of the Uniform Electronic Transactions Act (UETA) and ESIGN establish that electronic records and signatures carry the same weight and legal effect as traditional paper documents and handwritten signatures, stating that a document or signature cannot be denied legal effect or enforceability solely because it is in electronic form.
Documents which may require your signature that can be created by you on the Site include, but are not limited to:
- Lien Waivers
- Mechanic’s Liens
- Bond Claims
- Lien Releases
- Preliminary Notices / Notice to Owner / Notice of Furnishing
- Notice of Intent to Lien
By registering with the Site, you agree to receive electronic communications from the Company. These communications will include any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records, and any other communications regarding your relationship to the Company. You acknowledge that, for your records, you are able to retain our communications by printing and/or downloading and saving this Agreement and any other agreements, documents, or records that you agree to using your Electronic Signature. Electronic Communications provided to you through your registered account with the Company is reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
You may request a paper version of any electronic communication you receive from Us. You acknowledge that the Company reserves the right to charge you a reasonable fee for the production and mailing of paper versions of any electronic communication. Similarly, if you wish to opt out from receiving electronic communications from us, you may do so at any time by contacting us at privacy@ PrelienPro.com.
- Hardware and Software Requirements To Be Able To Use The Site.
Currently, to access the electronic documents sent to you from the Site, your computer or mobile device must meet certain requirements. These requirements will change from time to time, and without notice to you, as third-party technology providers update their products.
These requirements include:
- An operating system and internet browser that together support the display of PDF documents;
- Up-to-date PDF reader software; and
- Up-to-date virus and malware protection software
If you have questions related to the current requirements, please contact our technical support team at support@ PrelienPro.com.
The Current Version of software and hardware that meets these requirements is identified below. We reserve the right to discontinue support of a Current Version if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use in the transaction.
- Browsers: Google Chrome 30 or above, Mozilla Firefox 26 or above, Internet Explorer 11 or above, Apple Safari 10+ or above, Microsoft Edge
- PDF Reader: Acrobat® or similar software may be required to view and print PDF files
- Enabled Security Settings: Allow per session cookies
- Pop-Up Blockers must be disabled
- Limited Warranty/Disclaimer of Liability.
We make every attempt to ensure the templates, statutes, services, documents, and communications are accurately and correctly rendered; however, as in life, errors can and will happen. The Company is not responsible for any information on the Site that is outdated, incorrect, incomplete, or otherwise omitted.
We do not warrant that the information provided on the Site or in any other communication to you, written or otherwise, is without errors, verified or current; that the document you created or that is generated by the Company is correct, will be served or mailed; nor whether you will or may have the right to file a notice, lien or other document offered through the Site, or have a right to remedy errors in a timely fashion. We also do not make any warranty or guaranty regarding your ability to successfully record or serve a document that you generate through the Site, or that any document created through the Site will be successfully recorded in the correct jurisdiction in a timely or accurate manner.
The Site does not warrant any alerts, time frames, strike dates, or notifications therein to be accurate or timely as it may be deemed legal analysis. We will make our best effort to ensure you have the information you require in order to manage your time frames; however, you accept that you are using the Site at YOUR OWN RISK, and that you are solely responsible for managing your own timelines. This includes mailing time for service. While we will endeavor that we mail your documents within the guidelines set forth by the statute you have selected, we cannot guarantee that service will be fully realized.
This the Site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this the Site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with your use of the Site, and we shall not be liable for any damages of any kind related to your use of the Site.
IN NO EVENT SHALL OPERATOR, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR THE SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In a nutshell:
- The Company will always put our best foot forward when working with you; however, mistakes happen, or situations occur that are outside of our control
- Don’t steal our stuff – it’s not only unethical, illegal, and generally uncool, it’s a strict violation of this Agreement, and we will enforce this Agreement as we see fit.
- Confidentiality of Data
User data will remain confidential to the extent permitted by law and not be utilized, shared, or distributed unless otherwise permitted, in writing by you, to us. Occasionally, users may be contacted for marketing purposes; however, company information will not be used without express, written permission of the user. Occasionally, aggregate data may be complied for reporting reasons to display market trends, industry trends, and/or other reporting products.
- Prelien Pro Uptime
We rely on various services and architecture across the internet to provide our services, the vast majority of which offer 99.99% service level agreements and guarantees. While we strive for similar uptimes, we do not warrant nor guarantee, by extension, these assurances.
We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service, you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension, or discontinuance of the Site or of any service, content, feature or product offered through us and/or by the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move, or delete portions or features of the Site, or we may add new areas or features to the Site.
- Copyrights, Trademarks, and other Intellectual Property Rights.
All templates that exist on the Site are provided for your personal use only and only in the manner for which they have been purchased by you. This includes, without limitation, reselling or distributing any of our templates, content, images, logos, documents and/or materials. All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music, and sound that are part of the Site are protected by state and federal copyright laws, international treaties, and other intellectual property laws. All copyrighted or trademarked materials and other intellectual property used on the Site are owned by us or others who have given us permission to use their protected intellectual property. The Site is protected by copyright law and is owned by us, as is all content that we create for the Site, including every document template and every document that is produced by the Site, even if the document contains information provided by you.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without our prior written permission or permission from the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without our prior written consent.
- Repeat Offender Policy.
In the event that you repeatedly infringe on the intellectual property rights of others, including other users of the Site and/or Us, we have the right to suspend or otherwise terminate your access to the Site. We also have the right to suspend or otherwise terminate your access to the Site for any violation of the Site’s Code of Conduct, or any violation of any term in Section 16 (below).
- Third-Party Content.
The Site will contain content supplied by parties other than us. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not ours. We make no guarantees as to the accuracy, completeness or usefulness of any content provided, nor its merchantability or fitness for a particular purpose.
We are not responsible for the actions or inactions of any users of the Site.
- General Conduct On the Site.
The Site is intended to be used for lawful purposes only. We reserve the right, but we do not have the obligation to remove or modify any content posted on the Site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such misconduct. Without limiting our rights hereunder, we have attempted to provide guidelines to those using the Site:
18.1 You may not:
- engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
- engage in any activity through your use of the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
- harvest or collect information about the Site visitors or Registered Users without their express consent;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any part of the Site;
- utilize the Site to facilitate unsolicited advertising, junk email, spam email, chain letters, money requests, or any other kind of unsolicited requests or communications;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks; or
- utilize the Site in any manner that we, in our sole discretion, deem inappropriate under the circumstances.
- User Comments, Feedback and Other Submissions
By submitting, disclosing, posting, transmitting, or uploading any messages or data to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post anything on the Site.
It is our intention, but not our obligation, to review all content posted by third-parties, including you, to the Site. Whether or not content is published to the Site is done in our sole discretion but is not done for an editorial purpose. We may edit or remove any posting which contains language that we, in our sole discretion, deem to be vulgar. We will not remove postings simply because we do not agree with the public position taken by the poster.
We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
You agree to indemnify, defend and hold us harmless, and defend any action brought against us with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing the Site under your account. This includes, but is not limited to lost revenues, legal fees, expenses related to litigation (travel or otherwise).
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Governing Law and Jurisdiction.
This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.
- General Provisions.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
- Termination / Cancellation.
We may terminate your authorization to use the Site at any time, in our sole discretion. Upon our discretion to effectuate such termination of your usage of the Site, your right to use the Site will immediately cease. You agree that any termination by us of your access to or use of the Site may be affected without prior notice. Upon termination of your subscription, a final download of all project information may be formally requested, in writing, to us, for a fee.
- Links to Other Websites and Applications.
For your convenience, we may provide links through the Site to other websites or applications that we do not operate, including links to other websites or applications that sell products or services. We do not control such other websites or applications and are not responsible for their content, products, or operation. These links do not mean that we endorse, approve, or sponsor the linked websites or applications or any information, products or services contained on those other websites or applications. We are not liable for any damage that might result from your use of the information, products or services obtained from those third-party linked other websites or applications. Your use of such other websites or applications is entirely at your own risk.
- No Agency/ No Third-Party Beneficiary
There is no agency, partnership, joint venture, attorney-client, employee-employer, or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.
- Digital Millennium Copyright Act Compliance Notice.
We respect the intellectual property rights of others. If you believe any of the content on the Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). For more information on what a notice of infringement pursuant to the DMCA requires, please visit http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content (no longer being updated) and/or https://www.copyright.gov/title17/92appb.html .
We will process notices of alleged infringement that we receive and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our designated agent:
Prelien Pro Technologies, Inc.
PO Box 19072
Fountain Hills, AZ 85269
support at PrelienPro.com
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices that do not comply with the law will be disregarded.