LienHub User Agreement
Last Updated: April 22, 2019
You represent and warrant that you are at least 18 years of age.
If you are acting on behalf of another person or entity, such as an employer or principal, you represent and warrant that you are duly authorized, you represent and warrant that you are duly authorized to act on behalf of the entity for whom you work in connection with the transactions to be undertaken using this Web Portal and that you have the authority to bind such entity to the terms of this Agreement.
This User Agreement is between you (acting on your own behalf or on behalf of the person or entity that you represent, such person or entity hereafter referred to as "You," and in the possessive as "Your"), each of the Florida tax collectors specified below (individually, the "Tax Collector"; collectively, the “Tax Collectors”) with whom You transact business through this site, and Grant Street Group ("Grant Street") as the designated service provider of the Tax Collectors. LienHub is an online web portal (the "Web Portal") including the following software applications that allow users to perform tax certificate related activities:
- LienHub™ - navigating the Web Portal and managing user and bidder information
- LienAuction® - bidding in tax certificate auctions and purchasing tax certificates
- LienExpress™ - purchasing county-held tax certificates
- DeedExpress® - submitting tax deed applications online and viewing the status of tax certificates
Upon acceptance of the terms of this Agreement, You will be granted access to LienHub for the sole purpose of conducting activities related to tax certificates.
The following Tax Collectors have designated Grant Street as their sole service provider for purposes of conducting business related to the sale and management of tax certificates:Alachua County Tax Collector Bay County Tax Collector Brevard County Tax Collector Broward County Records, Taxes, & Treasury Division Charlotte County Tax Collector Citrus County Tax Collector Collier County Tax Collector Escambia County Tax Collector Flagler County Tax Collector Hillsborough County Tax Collector Indian River County Tax Collector Lake County Tax Collector Martin County Tax Collector Miami-Dade County Tax Collector Monroe County Tax Collector Nassau County Tax Collector Okaloosa County Tax Collector Osceola County Tax Collector Pasco County Tax Collector Pinellas County Tax Collector Santa Rosa County Tax Collector St. Lucie County Tax Collector Sumter County Tax Collector Volusia County Revenue Division Walton County Tax Collector
You acknowledge and agree that Your use of LienHub is permitted pursuant to a limited license (the "Limited License") granted to You under this Agreement and that the web pages and features of the Web Portal (the "Proprietary Information") constitute a valuable trade secret owned by Grant Street. Except as expressly provided in this User Agreement, You agree not to copy, save, print, reveal to any third party, publish, post on the internet, permit access to, disseminate, distribute, disclose or modify any LienHub Proprietary Information without Grant Street’s prior written consent.
Your license to use the Web Portal is limited to tax certificate related activities. As a further condition of this Limited License, You hereby agree that You will not
- Permit any third party to access, view, or use any part of the Web Portal or to use your User ID or password for the Web Portal
- Attempt to modify, reproduce, decompile, reverse-engineer, resell or redistribute any part of the information obtained from the Web Portal
- Use, nor allow anyone to use on your behalf, any robot, spider or other similar device to monitor or copy any pages of the Web Portal or any content or information accessible through this Web Portal
- Use any device, software or program to interfere with proper operations of the Web Portal
- Use, nor allow anyone to use on your behalf, any robot, spider or other similar device to register to buy tax certificates, submit information on the Web Portal including W-9 data or payment information, or submit bids.
You agree to use commercially reasonable efforts to ensure that any electronic files or information You transmit through the use of the Web Portal will be free from viruses or other code designed to interfere with the proper functioning of data information systems.
When accessing the Web Portal, You must use software, including a web browser, that supports a data security protocol compatible with the Web Portal.
With the exception of web browsers, You agree to use the software made available to all users through the Web Portal to bid in tax certificate auctions, purchasing tax certificates, submit tax deed applications and view information about any tax certificates You own.
You may print and copy, for Your internal record keeping purposes, only the pages of the Web Portal that evidence the transactions You have conducted using the Web Portal. You agree that i) You will treat such materials in a manner at least as restrictive as the manner in which You treat Your own confidential information, and ii) You will not disclose such materials to any third party without the prior written consent of Grant Street except as required by law, in which case You agree that You will give Grant Street prompt written notice of such legal requirement.
You acknowledge and agree that in order to process tax deed applications through the Web Portal there is an Online Tax Deed Application Usage Fee (the “Fee”). The Fee is included in the Face Value of the tax deed application and is an interest bearing, redeemable fee. The Fee is separate from and in addition to the $75 statutory tax deed application fee required by Tax Collectors.
If You do not agree to pay the Fee for tax deed applications submitted through the Web Portal, please contact Customer Support at 1-866-247-4370 to discuss an alternative option.
You agree that the information you provide through the Web Portal will be accurate and reliable.
You agree that each time You either 1) check out with a tax lien certificate in your shopping cart or 2) submit a bid in a tax certificate auction, you will enter into a binding purchase contract between You and one or more of the Tax Collectors.
You agree that You will comply with all rules, requirements, procedures, advisories, instructions and other directives promulgated by the Tax Collector regarding the purchase of tax certificates via the Web Portal, including, without limitation, the Tax Collector's requirements with respect to payment deadlines and procedures for any tax certificates You purchase.
User IDs/Passwords/Use Restrictions
You shall be solely responsible for the confidentiality and use of the User ID and password assigned to You for the purpose of accessing the Web Portal. You agree to indemnify, defend and hold the Tax Collectors and Grant Street harmless from and against any damages, financial or otherwise, resulting from Your use of the Web Portal or use by persons using Your User ID and password with or without Your knowledge or permission. You are hereby instructed by the Tax Collectors to notify Grant Street immediately via email sent to [email protected], if You have reason to believe, or have become aware of, i) loss or theft of Your User ID and/or password, or ii) any unauthorized use of Your User ID and/or password.
Emails sent to Tax Collectors or Grant Street over the internet are susceptible to detection, decryption, eavesdropping or tampering. Thus, you agree to indemnify, defend and hold Tax Collectors and Grant Street harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping or tampering of emails.
Pursuant to Chapter 119 of the Florida Statutes, (hereinafter the "Florida Public Records Act"), certain information which You provide in the course of Your use of the Web Site, and which is in the public domain pursuant to the Florida Public Records Act, will not be treated as confidential. If You participate in an auction utilizing Proxy Bidding, you may submit Minimum Acceptable Rates (MARs) on the Bid page. The Tax Collector does not have access to MARs, and consequently, the Tax Collector will not be able to supply MARs pursuant to "right to know" or "freedom of information" requests. Grant Street will keep MARs confidential and will not divulge such information to third parties, including the Tax Collector, unless mandated to do so by a court of competent jurisdiction.
Grant Street Group and the Tax Collectors each reserve the right to suspend or revoke Your bidding privileges in the event You violate the terms of this Agreement.
Compliance with Laws
You agree to comply with all applicable laws and regulations in connection with Your use of the Web Portal and the transactions conducted thereon, including without limitation any laws applicable to the handling or processing of individually identifiable information concerning individual persons. You agree to indemnify, defend and hold the Tax Collectors and Grant Street harmless from and against any damages, financial or otherwise, resulting from Your breach of any such applicable laws.
Additional Terms for Payment Processing
The additional terms set forth in this section apply to Your use of payment processing services through the Web Portal. By submitting a payment through the Web Portal, You:
- Agree to allow Grant Street to facilitate the transfer of funds from Your bank account to the Tax Collector’s bank account. Grant Street will pass the information You provide to financial institutions or third party processors as necessary to process Your payment.
- Agree that Your payment information will be submitted for processing immediately and it may be impossible to void the payment following submission.
- Agree that You have read and understood the information supplied by Grant Street on the Web Portal pages where You entered Your payment information, including, without limitation, guidelines for electronic payments and additional rules that may be imposed by the Tax Collector.
- Confirm that the payment information You provide is current, true, accurate and complete and conforms to the terms of this Agreement.
- Agree that You are not permitted to, and will not, submit payment on behalf of another party, use an unauthorized name, impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or otherwise conceal Your identity from Grant Street for any purpose.
- Agree that Grant Street may revoke some or all of your Web Portal user privileges, if it determines that any of the information You provide is outdated, false, inaccurate, or incomplete.
- Acknowledge that the validity of Your payment cannot be confirmed immediately upon submission of an e-check transaction. Grant Street will provide a message indicating that Your payment information was received and routed successfully, but this does not mean the Tax Collector has received or secured Your payment. Your financial institution may reverse or return Your payment after submission for reasons including but not limited to insufficient funds, use of incorrect account information or fraud prevention.
- Acknowledge that if Your payment is returned to you for any reason You may become ineligible to bid, Your submitted bids may be disqualified, all or some of Your certificate purchases may be canceled, Your certificate transfers may be canceled, or You may be required to make a replacement payment using a method other than e-check. You are responsible for any returned check fees imposed by the Tax Collector or Your financial institution. If the Tax Collector accepts a replacement payment, You are responsible for any costs that may be associated with making payment.
- Acknowledge that Grant Street is not a bank and is providing an electronic payment processing service rather than a banking service. You also agree and acknowledge that Grant Street is not acting as fiduciary, trustee, money transmitter, or providing any type of escrow service with respect to Your funds.
Exclusion of Warranties
Although Tax Collectors and Grant Street will endeavor to minimize the number and extent of changes to the appearance or functionality of the Web Portal, neither the Tax Collectors nor Grant Street make any representation or warranty that the features or appearance of the Web Portal will remain unchanged for any period of time.
- Grant Street is not responsible for the accuracy or completeness of the information provided or transmitted through the Web Portal, which was obtained from third parties or the Tax Collector. You rely upon the accuracy of such information at your own risk. Grant Street will not be liable for any harm, financial or otherwise, that may befall users who act in reliance on such information.
- Neither the Tax Collectors nor Grant Street shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or formatting of any data or information obtained from or through the Web Portal, or for any decision made or action taken by You in reliance upon such information or data.
- The Web Portal is provided "AS-IS". There is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of non-infringement. There is no other warranty of any kind, expressed or implied, regarding the Web Portal.
Limitation Of Liability
- In no event will the Tax Collectors or Grant Street be liable to You or anyone else for any consequential, incidental, special or indirect damages (including but not limited to lost profits, losses and damages) that result, arise from or relate to Your use of the Web Portal or the transactions conducted on the Web Portal. You agree that the cumulative liability of the Tax Collectors and Grant Street arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Web Portal, or the transactions conducted on the Web Portal, will not exceed $1,000. Notwithstanding this provision, You and Grant Street acknowledge that nothing contained herein shall be construed as a waiver of the Tax Collector's sovereign immunity under section 768.28, Florida Statutes.
- Neither the Tax Collectors nor Grant Street will be liable for any loss or damage resulting from voluntary shutdown of the Web Portal to address computer viruses, denial-of-service attacks, or other problems.
- Neither the Tax Collectors nor Grant Street will be responsible for any damage to Your computer, software, modem, telephone or other property resulting from Your use of the Web Portal or Licensed Information.
Tax Certificate Purchase Disclaimer
- Neither Grant Street Group nor the Tax Collectors makes any representation with respect to the suitability for purchase of tax certificates offered on the Web Portal.
- The tax and property information provided through this Web Portal are provided for informational purposes only, and should not be construed as any recommendation, value or endorsement of any particular tax certificate.
- You alone assume sole responsibility for reviewing and determining the risks and merits associated with the purchase of tax certificates in tax lien sales.
Force MajeureNeither the Tax Collectors nor Grant Street shall be liable for any loss resulting from i) a cause over which neither has direct control; or ii) any events which are beyond their reasonable control.
This Agreement contains the entire agreement between the parties relating to the Web Portal and transactions conducted thereon, and supersedes all prior written or oral communications between the parties on related subjects. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.This Agreement shall be governed by the laws of the State of Florida without regard to its choice of law provisions. All disputes arising out of or related to this Agreement or the transactions completed on the Web Portal shall be subject to the exclusive jurisdiction of the State and Federal Courts located in the county where the Tax Collector with whom you conduct business is located and You waive any defense to the jurisdiction of such courts based on personal jurisdiction or forum non conveniens.