National Lien & Bond
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The agreement governing your use of National Lien & Bond.
Welcome to National Lien & Bond, a compliance tracking platform operated by National Lien & Bond LLC ("Company," "we," "us," or "our"). By accessing or using National Lien & Bond (the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the Platform.
National Lien & Bond is a software-as-a-service tool that helps contractors, subcontractors, and material suppliers in all fifty (50) U.S. states and the District of Columbia track mechanic's lien deadlines, manage project documentation, and request legal services. The Platform is a compliance tracking tool. It does not constitute legal advice, does not create an attorney-client relationship, and does not guarantee any legal outcome. Statutory deadlines and procedural requirements vary by state and by project type. You are responsible for verifying every deadline and every filing with qualified counsel in the relevant jurisdiction before relying on it.
National Lien & Bond LLC is a separate company from Emalfarb Law LLC, an Illinois law firm. The Platform may offer you the option to request legal services from Emalfarb Law LLC or from other attorneys.
Requesting a legal service through the Platform does not, by itself, create an attorney-client relationship with Emalfarb Law LLC or any other attorney. Any attorney-client relationship arises only upon execution of a separate written engagement letter with the attorney or firm you choose. You are free to use any attorney of your choosing for any matter, and the Platform's referral to or facilitation of legal services with Emalfarb Law LLC is offered as a convenience only.
You must be at least 18 years old and a legally authorized representative of your company to use the Platform. By creating an account, you represent that the information you provide is accurate and complete and that you have authority to bind the entity on whose behalf you are using the Platform.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized access to your account.
Access to National Lien & Bond requires a paid subscription or a paid project credit. Subscription plans, pricing, and billing cycles are as displayed at the time of purchase.
What the fees cover. Subscription fees and per-project credits buy access to the Platform's software and tools only. They do not include, and you are not paying us to perform, the preparation, mailing, recording, service, or filing of any document, including without limitation preliminary notices, mechanic's lien claims, bond claims, demand letters, collection letters, or pleadings. That work is a separately ordered service, billed separately, and requires a separate service agreement with National Lien & Bond LLC for non-legal work, or a separate engagement letter with Emalfarb Law LLC or another attorney of your choosing for legal work.
Auto-renewal. Unless you cancel before the end of a billing cycle, your subscription will automatically renew at the then-current price for successive periods of the same length as the initial term. You may cancel at any time through the account settings page or by emailing info@mechanicliens.com. Cancellation takes effect at the end of the current paid period.
Refunds. All fees are non-refundable except where required by law. Where state law requires a refund or pro-rata adjustment on cancellation, we will honor that obligation.
California, New York, and District of Columbia residents. You may cancel at any time without penalty. We will send a reminder before each auto-renewal where required by applicable state law.
Price changes. We may change pricing for future billing cycles with at least 30 days' advance notice by email or in-app notification.
You may use the Platform solely for lawful business purposes related to construction project management and mechanic's lien compliance in any U.S. jurisdiction. You agree not to: (a) share your account with unauthorized users; (b) reverse-engineer, copy, or redistribute any part of the Platform; (c) use the Platform to engage in fraudulent or illegal activity; (d) upload malicious code or interfere with Platform operations; (e) use the Platform to harass, defame, or violate the rights of any third party; or (f) scrape, harvest, or otherwise extract data from the Platform other than your own data.
We collect and store project data, contact information, and usage analytics necessary to operate the Platform. We do not sell your personal information to third parties. Data is stored using industry-standard encryption and access controls. You retain ownership of all project data you enter. We may use anonymized, aggregated data to improve the Platform. For full details on what we collect, how we use it, and your rights as a user, see our Privacy Policy.
The Platform provides deadline tracking and document automation based on each state's mechanic's lien and bond statutes, including the Illinois Mechanics Lien Act (770 ILCS 60/1 et seq.), the federal Miller Act (40 U.S.C. §§ 3131-3134), and the corresponding statutes of every U.S. state and the District of Columbia. This information is for compliance tracking purposes only and does not constitute legal advice. Deadlines and requirements are general references and may not apply to your specific facts. Statutory law and case law change. Use of the Platform does not create an attorney-client relationship with National Lien & Bond LLC, with Emalfarb Law LLC, or with any other attorney. For legal advice on your specific matter, retain an attorney of your choosing.
To the fullest extent permitted by law, National Lien & Bond LLC, its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including without limitation damages for missed statutory deadlines, lost or forfeited lien or bond rights, lost profits, lost data, business interruption, or financial losses of any kind, whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.
Our total cumulative liability for all claims arising out of or relating to the Platform shall not exceed the greater of (a) the fees you actually paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law.
The Platform is provided "as is" and "as available." To the fullest extent permitted by law, National Lien & Bond LLC disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of deadline calculations, statutory citations, or property data returned from third-party sources. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected.
The Platform integrates with third-party services including but not limited to Clerk (authentication), Supabase (data storage), Stripe (payments), Resend (email delivery), ATTOM Data (property records), and Mapbox (geocoding). Your use of those services is governed by their respective terms. We are not liable for any act, omission, outage, error, or breach of a third-party service. When a third-party service is unavailable, the Platform's affected features may also be unavailable.
You agree to indemnify and hold harmless National Lien & Bond LLC, its officers, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) any content or data you submit to the Platform.
We reserve the right to update these Terms at any time. For material changes, we will provide notice by email or in-app notification and require your affirmative re-acceptance before continued use. Non-material changes (typo fixes, contact-info updates, clarifying language) take effect upon posting.
When you delete a project, it is moved to a "Deleted Projects" holding area and retained for sixty (60) days, during which time you may restore it. After sixty (60) days, deleted projects and all associated data (contacts, notes, invoices, uploaded documents, and project records) are permanently purged from the Platform and cannot be recovered. By using the Platform, you acknowledge and accept this retention and automatic purge schedule.
Please read this section carefully. It affects your legal rights.
(a) Agreement to arbitrate. Except as set forth in (c) below, you and National Lien & Bond LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration shall be conducted in Cook County, Illinois, or by remote videoconference at the claimant's election. Judgment on the award may be entered in any court of competent jurisdiction.
(b) Class-action and jury-trial waiver. You and we each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or any other representative proceeding. Claims must be brought on an individual basis only.
(c) Carve-outs. Either party may (i) bring an individual action in small-claims court, or (ii) seek injunctive or other equitable relief in court to protect intellectual property rights.
(d) Opt-out. You may opt out of this arbitration agreement by sending written notice to info@mechanicliens.com within thirty (30) days after first acceptance of these Terms. The notice must state your full name, account email, and an unambiguous statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. For any claim not subject to arbitration under Section 15, the parties consent to exclusive jurisdiction in the state and federal courts located in Cook County, Illinois.
If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
Neither party shall be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or utility outages, or third-party service failures.
These Terms, together with any order form or subscription agreement, constitute the entire agreement between you and National Lien & Bond LLC regarding the Platform and supersede all prior or contemporaneous understandings.
You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Notices to you may be delivered by email to the address associated with your account or by in-app notification. Notices to us must be sent to: National Lien & Bond LLC, PO Box 2011, Northbrook, IL 60062, with a copy to info@mechanicliens.com.
The following sections survive termination of these Terms: Section 7 (Data, Privacy, and Ownership), Section 8 (No Legal Advice Disclaimer), Section 9 (Limitation of Liability), Section 10 (Disclaimer of Warranties), Section 11 (Third-Party Services), Section 12 (Indemnification), Section 15 (Arbitration), Section 16 (Governing Law), Section 17 (Severability), Section 19 (Entire Agreement), Section 21 (Notices), this Section 22 (Survival), and Section 23 (Service Requests, Lead Time, and Deadline Responsibility).
The Platform lets you request that National Lien & Bond perform or arrange a time-sensitive service on your project, including without limitation serving a preliminary notice, preparing or recording a mechanic's lien claim, preparing or serving a bond claim, sending a demand or collection letter, or commencing litigation (each, a "Service Request"). These services are governed by strict statutory deadlines that generally cannot be extended and that, once missed, permanently forfeit the right involved. Preparing them correctly takes time to review your file, confirm the facts and the controlling deadline, and, where the work is legal in nature, coordinate with and engage counsel licensed in the relevant jurisdiction.
You must submit each Service Request at least ten (10) business days before the applicable deadline. National Lien & Bond will not, and is under no obligation to, accept, prepare, serve, file, record, or otherwise act on any Service Request submitted fewer than ten (10) business days before the applicable deadline.
For purposes of this Section, a "business day" is any day other than a Saturday, Sunday, or a holiday observed by National Lien & Bond, and the ten (10) business day period is counted from the date the Company actually receives your complete Service Request. The Company's good-faith determination of the applicable deadline and of the number of business days remaining, as reflected in the Platform at the time of submission, governs. The Platform is configured to prevent submission of a Service Request that falls within the ten (10) business day window. If such a request nonetheless reaches the Company by any means, the Company may decline it, and a request that is declined or blocked is treated as never having been submitted.
Submitting a Service Request does not transfer responsibility for your deadline to National Lien & Bond and does not by itself obligate the Company to perform any work. The Company assumes no responsibility for any deadline, and no notice, lien, bond claim, demand, pleading, or other action will be prepared, served, filed, or recorded, unless and until the Company confirms its acceptance of the request in writing and you review and confirm the applicable pricing. Until you receive that written confirmation, you remain solely responsible for protecting your own rights and deadlines, including by retaining other counsel or acting on your own behalf.
The lead-time calculation depends on the dates and information you enter, including the date you last furnished labor or materials and other facts that determine the deadline. You are responsible for the accuracy and completeness of that information. If it is inaccurate or incomplete, the controlling deadline may be earlier than the Platform shows, and any resulting loss is your responsibility and not the Company's.
You acknowledge and agree that National Lien & Bond is not liable for any lien, bond, notice, claim, or other right that is lost, reduced, or forfeited because a Service Request was submitted late, was declined or blocked, had not yet been confirmed in writing, or relied on inaccurate or incomplete information you provided. This Section is in addition to, and does not limit, the Limitation of Liability and Disclaimer of Warranties stated elsewhere in these Terms.
If a deadline is approaching, submit your Service Request as early as possible and do not wait until the last days. If you believe a deadline is within ten (10) business days, call National Lien & Bond at (800) 432-7799 immediately. The Company may, in its sole discretion, tell you whether anything can still be done, but it has no obligation to act on a request inside the window and assumes no responsibility for any deadline it has not accepted in writing.
We may suspend or terminate your access to the Platform at any time for violation of these Terms or non-payment. Upon termination, your right to use the Platform ceases immediately. You may request export of your data within thirty (30) days of termination.
If you have questions about these Terms, please contact us:
National Lien & Bond LLC
PO Box 2011, Northbrook, IL 60062
Email: info@mechanicliens.com
Phone: (800) 432-7799