Terms and Conditions of Service

1. Acceptance of Terms

By engaging the services of Intermountain Lien, LLC (hereinafter “Company,” “we,” “us,” or “our”), you (hereinafter “Client” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Service (“Agreement”). If you do not agree to these terms, you must not use our services. This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein.

By clicking “I Agree,” checking the acceptance box, or by signing below, you affirmatively manifest your assent to all terms contained in this Agreement. You acknowledge that you have been given a reasonable opportunity to read this Agreement in its entirety before accepting.

2. Description of Services

The Company provides lien filing, lien-related document preparation, and related administrative services in the State of Utah (“Services”). The Company acts solely as a scrivener and ministerial filing agent. The Company does not select, draft, interpret, or advise on the legal content, legal sufficiency, or legal strategy of any document. The Company relies entirely upon information provided by the Client and does no more than transcribe Client-provided information onto the appropriate form and submit it to the relevant county recorder’s office.

The Company does not provide legal advice, title services, or title insurance, and nothing herein creates an attorney-client relationship. The Company does not determine filing deadlines, evaluate whether statutory prerequisites have been met, assess the merits or legal validity of any lien claim, or advise on compliance with the Utah Mechanics’ Lien Act (Utah Code Ann. § 38-1a-101 et seq.) or any other statute.

3. Client Representations and Warranties

By requesting Services, Client represents, warrants, and covenants that:

1. All information, data, documents, and supporting materials provided to the Company are true, accurate, complete, and not misleading in any material respect.
2. Client has a lawful basis and legal right to request the filing of a lien against the subject property under applicable Utah law, including but not limited to the Utah Mechanics’ Lien Act (Utah Code Ann. § 38-1a-101 et seq.) or other applicable statutes.
3. Client is the “lien claimant” as that term is used in applicable Utah law, and the Company acts solely as Client’s agent for purposes of physically filing the lien document with the county recorder.
4. Client has performed the underlying work, furnished the materials, or otherwise established the legally required predicate for the lien being filed.
5. Client is not filing or requesting a lien for any improper, fraudulent, harassing, or unlawful purpose.
6. Client has independently verified that the property description, owner information, and all other lien-related details are accurate and legally sufficient.
7. Client has consulted with, or has had the opportunity to consult with, a licensed Utah attorney regarding the legal requirements and consequences of filing a lien, and Client acknowledges that the Company has recommended such consultation.
8. Client understands that filing a wrongful lien may subject Client to statutory damages, treble damages, and attorneys’ fees under Utah Code Ann. § 38-9-201 et seq., and Client accepts sole responsibility for any such liability.

4. Client Responsibility for Information

Intermountain Lien, LLC relies entirely on information provided by the Client. Client bears sole and exclusive responsibility for:

1. The accuracy, completeness, and legal sufficiency of all information submitted to the Company.
2. Verifying that the property legal description, parcel identification number, owner names, and all other identifying details are correct prior to submission.
3. Ensuring that all deadlines, preliminary notice requirements, and procedural prerequisites under Utah law have been satisfied before requesting a lien filing.
4. Confirming that the lien amount claimed is accurate and supported by documentation.
5. Ensuring compliance with all applicable federal, state, and local laws governing lien filings in Utah.

Intermountain Lien, LLC shall have no duty to independently verify, investigate, or confirm any information provided by the Client, and shall bear no responsibility for any errors, omissions, or inaccuracies in Client-supplied information or for any consequences arising therefrom. The Company does not review, audit, or assess the legal sufficiency of any submission and makes no determination as to whether statutory prerequisites—including but not limited to preliminary notice requirements, deadlines, or owner identification—have been met.

5. Indemnification and Hold Harmless

5.1 Client’s Indemnification Obligations

To the fullest extent permitted by applicable law, Client shall defend, indemnify, and hold harmless Intermountain Lien, LLC and its owners, members, officers, directors, employees, agents, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Any inaccurate, false, incomplete, or misleading information provided by the Client.
2. Any wrongful, fraudulent, or improper lien filing requested by the Client.
3. Client’s violation of any applicable federal, state, or local law, including but not limited to Utah’s Wrongful Lien Act (Utah Code Ann. § 38-9-101 et seq.) and any claims brought under Utah Code Ann. § 38-9-203 or related provisions.
4. Any third-party claims brought against Intermountain Lien, LLC as a result of a lien filed at Client’s request.
5. Client’s breach of any representation, warranty, or obligation under this Agreement.

This indemnification obligation shall survive the termination of this Agreement and shall apply regardless of whether the underlying claim is based in contract, tort, statute, or any other legal or equitable theory.

5.2 Limitation of Liability

Intermountain Lien, LLC shall not be liable for any damages—direct, indirect, incidental, consequential, special, or punitive—arising from: (a) reliance on Client-provided information; (b) errors or omissions in Client-supplied data; (c) delays or rejections in the filing process by any county recorder or government office; or (d) the legal validity, enforceability, or priority of any lien filed on the Client’s behalf. This limitation includes claims arising from the Company’s own negligence but does not extend to liability arising from the Company’s gross negligence, willful misconduct, or fraud.

Intermountain Lien, LLC’s total aggregate liability to Client under any circumstances shall not exceed the fees actually paid by Client to the Company for the specific service giving rise to the claim.

6. Disclaimer of Warranties

The Services of Intermountain Lien, LLC are provided on an “as-is” and “as-available” basis. Intermountain Lien, LLC makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose, or warranty that any lien filed will be legally valid, enforceable, or of first priority. Intermountain Lien, LLC does not warrant that the Services will meet Client’s legal objectives or result in collection of any debt.

7. No Legal Advice

Nothing in this Agreement or in the provision of Services constitutes legal advice. Intermountain Lien, LLC strongly recommends that Client consult a licensed Utah attorney before filing any lien. Any information provided by the Company is for administrative and informational purposes only and shall not be construed as legal counsel or guidance.

The Company does not and will not:

1. Advise Client on whether Client has a valid basis to file a lien;
2. Determine or advise on statutory deadlines or filing windows;
3. Interpret or apply the provisions of the Utah Mechanics’ Lien Act, the Wrongful Lien Act, or any other statute to Client’s circumstances;
4. Assess whether preliminary notice or other procedural prerequisites have been satisfied; or
5. Evaluate the legal sufficiency of any information provided by Client.

Any statements made by Company personnel, whether oral or written, are administrative in nature and do not constitute legal advice or legal opinions.

8. Compliance with Utah Lien Laws

Client acknowledges that Utah law imposes strict deadlines, notice requirements, and procedural requirements for valid lien filings, and that a wrongful lien may expose Client to civil liability and statutory damages under Utah Code Ann. § 38-9-101 et seq., including actual damages, treble damages, and reasonable attorneys’ fees. Client accepts sole responsibility for ensuring all legal prerequisites are met. Intermountain Lien, LLC shall bear no liability for liens that are determined to be invalid, untimely, or legally deficient.

9. Right to Refuse or Release Filings

The Company reserves the right, in its sole discretion, to refuse to file any lien or other document that the Company believes in good faith may be wrongful, fraudulent, legally insufficient, or otherwise improper. The Company further reserves the right to cooperate with any property owner’s request to release or correct a lien filed at Client’s request, provided that the Company shall give Client prompt written notice of any such request before taking action. In no event shall the Company’s exercise of its rights under this Section give rise to any liability to Client.

10. Fees, Payment, and Refunds

Client agrees to pay the Company’s fees as set forth on the Company’s website, in a separate fee schedule, or as otherwise agreed in writing. All fees are due and payable at the time Services are requested unless otherwise specified. The Company reserves the right to require payment in full before submitting any filing to the county recorder’s office.

Once a lien document has been submitted to the county recorder for recording, no refund of fees shall be issued. If the Company has not yet submitted the filing, Client may cancel the request and receive a refund of fees paid, less any administrative processing fee as set forth in the Company’s then-current fee schedule.

11. Termination

Either party may terminate this Agreement at any time by providing written notice to the other party. Termination shall not affect any rights or obligations that have accrued prior to the date of termination, including but not limited to payment obligations, indemnification obligations, and any pending filing requests that have already been submitted to the county recorder. The provisions of Sections 5, 6, 7, 14, and 15 shall survive any termination of this Agreement.

12. Data Privacy

The Company collects and processes personal and business information provided by Client in connection with the Services, which may include names, addresses, property descriptions, financial information, and other identifying data. The Company shall use such information solely for the purpose of providing the Services and as required by law. The Company shall implement reasonable administrative, technical, and physical safeguards to protect Client information from unauthorized access, disclosure, or misuse.

Client acknowledges that documents filed with the county recorder become part of the public record and that the Company has no control over the accessibility or use of such publicly recorded information.

13. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by events beyond the Company’s reasonable control, including but not limited to acts of God, natural disasters, government orders or actions, closure or unavailability of county recorder offices, postal or delivery service delays, internet or telecommunications outages, pandemics, or other emergencies. In the event of a force majeure occurrence, the Company shall notify Client promptly and use commercially reasonable efforts to resume performance as soon as practicable.

14. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in Salt Lake County, Utah, and the parties hereby consent to personal jurisdiction therein.

15. Limitation on Time to Bring Claims

Any claim or cause of action arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such claim or cause of action is permanently barred. This provision applies to the fullest extent permitted by applicable law.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent, or if such modification is not possible, the provision shall be severed.

17. Amendment

Intermountain Lien, LLC reserves the right to modify these Terms and Conditions at any time. The Company shall provide existing Clients with written notice (by email or other direct communication) of any material modifications at least thirty (30) days before such modifications take effect. Continued use of the Services following the effective date of any modification constitutes Client’s acceptance of the revised terms. If Client does not agree to the revised terms, Client must discontinue use of the Services before the effective date of the modification.

18. Acknowledgment and Acceptance

By signing below, checking the “I Agree” box, or by electronically accepting these terms, Client acknowledges that:

1. Client has read and understood this Agreement in its entirety.
2. Client agrees to be bound by all terms and conditions set forth herein.
3. Client has been given a reasonable opportunity to review this Agreement before accepting.
4. Client has either obtained independent legal advice or knowingly elected not to do so.