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Terms of Use

Last Updated: May 2025

Frozen Deed, LLC ("Frozen Deed," "Company," "we," "our," or "us") is pleased to offer you our services ("Services"). By clicking "Accept" or accessing and using the Services, you accept and agree to be bound by the terms and provision of this Terms of Use Agreement ("Terms"). These Terms govern your use of the Services, and any information and content, available or enabled via the Services. In addition to the Terms, you shall be subject to our Privacy Policy, which is hereby incorporated into these Terms and may be modified from time to time.

We reserve the right to update and modify these Terms at any time without prior notice to you. Any modifications to these Terms will be effective upon our email notice to you. Your continued use of our Services following a notice of updated Terms constitutes your acceptance to be bound by any changes.

Please read these Terms carefully. If you do not agree to abide by these Terms, please do not use or otherwise access the Services. Your use of the Services are subject to an arbitration provision in Section 11 of these Terms, requiring all claims to be resolved by way of binding arbitration. Please review Section 11 of these Terms carefully for more information.

1. Description of Service

The Service provides you with access to a template document ("Lien Template") for creating a "Self-Imposed, Voluntary, Biometric Fraud Protection Notice and Ownership Hold" (the "Biometric Lien"). This Lien Template is designed to be completed by you and filed with your participating county recorder's office ("County Recorder") at your discretion and expense. The filed Biometric Lien serves as public notice and aims to require your in-person biometric verification at a participating location for the subsequent release of the lien before certain transactions affecting your property title can proceed.

2. Use Rights

You may only use the Services for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all applicable laws. You may only use the Services for their intended purposes for which they are made available to you by Frozen Deed.

3. Intellectual Property Rights

The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Frozen Deed or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

4. Compliance with Laws

In connection with your access to and use of the Services, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

5. User Acknowledgements

By accepting these terms and using the Service, you explicitly acknowledge and agree that:

  • You are paying to access to and use of a Lien Template from Frozen Deed, LLC.
  • The Biometric Lien created using the template is intended as a tool to potentially hinder or deter certain types of real property title fraud by adding a biometric verification step for lien release.
  • You are solely responsible for accurately completing the Lien Template and properly filing it with the appropriate County Recorder according to their specific procedures and requirements. Frozen Deed, LLC is not responsible for filing the lien on your behalf or verifying its correct recordation.

6. Disclaimer of Liability

To the fullest extent permitted by law, Frozen Deed, LLC, and its affiliates, officers, directors, employees, agents, participating County Recorders, and any business partners involved in providing enrollment or verification services (collectively, the "Released Parties") expressly disclaim any and all liability for any damages, losses, costs, or expenses whatsoever arising out of or in connection with:

  • Your use of, or inability to use, the Service or the Lien Template.
  • Any title fraud, identity theft, or other unauthorized transaction affecting your property, regardless of whether a Biometric Lien was filed.
  • Any errors, omissions, or failures by any County Recorder, title company, lender, or any other third party to recognize, honor, or properly handle the filed Biometric Lien or your instructions related thereto.
  • Any errors or inaccuracies in the Lien Template or information provided through the Service.
  • The unavailability of the Service, including any failure related to biometric verification systems required for lien release, potentially caused by technical issues, company dissolution, bankruptcy, or any other reason.

Your use of the Service is entirely at your own risk.

7. No Warranty

The Services are provided "as is," "as available," and without any warranty of any kind. To the maximum extent permitted by applicable law, Frozen Deed expressly disclaims all warranties of any kind with respect to the Services, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from statute, such as course of performance, course of dealing or usage in trade.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Frozen Deed or its directors, officers, owners, employees, contractors, representatives, consultants, volunteers, agents, suppliers, attorneys or licensors (together, "Frozen Deed Party(ies)") be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, arising out of or in connection with the Services, or your access to or use of, or inability to access or use, the Services, regardless of the form of action, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Frozen Deed Party has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the Services.

Without limiting the foregoing, in no event will the aggregate liability of the Frozen Deed Parties arising out of or in connection with the Services, or your access to or use of, or inability to access or use Services exceed $100 U.S.D., even if any remedy provided fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

9. Indemnification

You shall indemnify, defend and hold harmless the Frozen Deed Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys' fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your misuse of the Services, and (c) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you (subject to your continuing indemnification).

10. Service Unavailability

The Services may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

11. Governing Law; Arbitration

This platform is controlled by the Frozen Deed, which is headquartered in the State of Missouri, United States of America. By accessing the Services both you and Frozen Deed agree that the statutes and laws of the State of Missouri, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use the Services. You and the Frozen Deed also agree and hereby submit to the exclusive personal jurisdiction and venue of Jackson County, Missouri and the United States District Court with respect to such matters.

You agree that: (1) Any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Services will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules; (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. sections 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator's decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, the Frozen Deed retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect.

You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

12. Miscellaneous

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Frozen Deed's successors and assigns. These Terms are the entire agreement between you and Frozen Deed with respect to your access to and use of the Services. Frozen Deed's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Frozen Deed. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

13. Contact Us

Please direct any questions and concerns regarding these Terms to us at info@frozendeed.com.

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