ARCHER Systems Lien Portal Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE ARCHER SYSTEMS LIEN PORTAL AT htps://portal.lienteam.com/ (“PORTAL”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE PORTAL.

These Terms of Use (“Terms of Use”) apply to an individual (“You”), to access and use the Portal, which is operated by ARCHER Systems, LLC, a Texas limited liability company (collectively together with its subsidiaries, “ARCHER”, “Company,” “we", “us” or “our”) in the United States for receiving Settlement Administration Services from ARCHER (“Purpose”). Access is restricted to only individuals authorized to access the Portal pursuant to a Settlement Administration Services Agreement between ARCHER and a Client. Settlement Administration Services means the “Services” as defined in the Settlement Administration Services Agreement. To the extent these Terms of Use conflict with the terms of the Settlement Administration Services Agreement, that Agreement’s provisions govern as to the conflicting subject matter.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Portal thereafter. Your continued use of the Portal following the disclosure of revised Terms of Use means that you accept and agree to the changes. You acknowledge and agree that is it your responsibility to review these Terms of Use when accessing the Portal so that you are aware of any changes.

ACCESSING AND USING THE PORTAL AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any access to or functionality of the Portal, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period. From time to time, we may restrict access to some portion of the Portal, or the Portal entirely, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Portal including reviewing all instructions and training material on how to access and use the Portal. You are responsible for securing your account and any authentication used to access the Portal. By using the Portal you agree that you will not share your account information or allow any others to use your authentication to access the Portal.

BY USING THIS PORTAL YOU AGREE TO NOTIFY ARCHER AS SOON AS REASONABLY POSSIBLE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT CREDENTIALS OR ANY OTHER MISUSE OR UNAUTHORIZED ACCESS INVOLVING THE PORTAL. YOU ALSO AGREE TO INDEMNIFY ARCHER AND HOLD HARMLESS FOR ANY DAMAGE, CLAIM, OR LITIGATION ARISING FROM THE UNAUTHORIZED USED OF YOUR CREDENTIALS CAUSED BY YOU.

PRIVACY

Please read the ARCHER Privacy Policy (“Privacy Policy”) provided at https://www.archersystems.com/privacy-policy/ carefully to understand how ARCHER collects, uses and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to our collection, use and disclosure of information thereafter. You acknowledged and agree that is it your responsibility to review the Privacy Policy when accessing the Portal so that you are aware of any changes.

INTELLECTUAL PROPERTY RIGHTS

The Portal’s features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ARCHER, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Portal solely for the Purpose. You must not reproduce, distribute, modify, create derivative works of, republish, download, store or transmit any of the material you access through the Portal, except as necessary to carry out the Purpose. If you print, copy, modify, download information in the Portal or otherwise use the Portal for any reason other than to carry out the Purpose, or if you provide any other person with access to any part of the Portal in breach of these Terms of Use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Portal or any content on the Portal is transferred to you, and all rights not expressly granted are reserved by ARCHER. Any use of the Portal not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

“ARCHER,” “Lienteam.com,” “ARCHER SYSTEMS,” and all related names, logos, product and service names, designs, and slogans are trademarks of ARCHER. You must not use such marks without the prior written permission of ARCHER. All other names, logos, product and service names, designs, and slogans displayed on or in connection with the Portal are the trademarks of their respective owners.

PROHIBITED USES

You may use the Portal only for the lawful uses necessary to carry out the Purpose and in accordance with these Terms of Use. This prohibits using the Portal or any information contained in it in any way:

• To violate any applicable federal, state, local or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate ARCHER, an ARCHER employee, another user or any other person or entity.
• To engage in any other conduct that compromises or infringes on anyone’s rights in any way.

Additionally, you agree not to:

• Use the Portal in any manner that could disable, overburden, damage, or impair the Portal or interfere with any other party's use of the Portal, including their ability to engage in real time activities through the Portal.
• Use any robot, spider or other automatic device, process or means to access the Portal for any purpose, including monitoring or copying any of the material on the Portal.
• Use any manual process to monitor or copy any of the material on the Portal or for any reason that is not necessary to carry out the Purpose.
• Use any device, software or routine that interferes with the proper working of the Portal.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Portal are stored, or any server, computer or database connected to the Portal.

TERMINATION OF USE

ARCHER reserves the right, in its sole discretion, to terminate or suspend your use of or access to all or part of the Portal for any or no reason, including without limitation, any violation of these Terms of Use, at any time without notice. If ARCHER terminates your use of or access to all or part of the Portal, ARCHER will notify You and work in good faith to implement measures to carry out the Purpose in a manner acceptable in view of these Terms of Use.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Portal is made available as received by ARCHER. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Portal, or by anyone who may be informed of any of its contents. The Portal may include content provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If the Portal contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

CHANGES TO THE SERVICES

ARCHER RESERVES THE RIGHT TO AMEND, TERMINATE, OR DISCONTINUE THE SERVICES AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU TO THE EXTENT PERMISSIBLE BY ANY SETTLEMENT ADMINISTRATION SERVICES AGREEMENT. YOUR CONTINUED USE OF THE SERVICES CONFIRMS YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, THEREFORE, YOU AGREE TO REVIEW THESE TERMS OF USE AND APPLICABLE POLICIES FREQUENTLY TO UNDERSTAND THE TERMS OF USE THAT APPLY TO THE SERVICES. We may update the content on this Portal from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Portal may be out of date at any given time, and we are under no obligation to update such material.

GEOGRAPHIC RESTRICTIONS

The Portal is intended for access and use only by persons located in the United States. You acknowledge and agree that you will not access the Portal from outside of the United States.

DISCLAIMER OF WARRANTIES

THE PORTAL AND ITS CONTENTS ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Portal or your breach of these Terms of Use, including but not limited to the content you download from, submit to, or make available through the Portal.

SEVERABILITY

If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

GOVERNING LAW

These Terms of Use are governed by the Dispute Resolution procedures contained in any Settlement Administration Services Agreement between You and ARCHER.

WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.