LIENITNOW TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use apply to the entire LienItNow.com web site:
General
LienItNow.com is a lien processing and filing site for use by businesses. By using LienItNow.com, you are agreeing that under no circumstances will LienItNow.com, its officers, members or employees be responsible for (1) any information contained on or omitted from the site, (2) any person's reliance on any such Information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or falls to take, whether or not based on Information provided or as a result of the use of this site.
LienItNow.com processes documents for its customers. By ordering with LienItNow.com, you understand that the customer prepares the document, and that LienItNow.com delivers it for filing. By pressing submit or placing an order, you further understand that the requested document is not automatically filed by LienItNow.com, and that it must first be provided by you to LienItNow.com and to be served and/or filed with the appropriate entity. Some entities, such as county clerks or municipal clerks, may take several days or weeks to file a document.
LienItNow.com is not a law firm and the employees of LienItNow.com do not not act as your attorney. LienItNow.com does not engage in the practice of law and does not provide advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. No attorney-client relationship is formed via use of this website. You are representing yourself in the filing or prosecution of any lien filed via use of the LienItNow.com service. In the event you have questions specific to your situation, it becomes necessary to negotiate a settlement or commence litigation to collect your money, LienItNow cannot assist you and you may want to speak with an attorney. LIENITNOW'S PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. LienItNow.com's Attorney Connections page provides links to organizations that can provide you with the name of an attorneys with experience in construction law and lien foreclosure actions.
The LienItNow.com website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. LienItNow.com retains all rights in this Site and the materials herein, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not publish, broadcast, sell, or otherwise redistribute these materials for commercial purposes.
LienItNow.com may impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability. This Site and these Terms and Conditions may be changed by LienItNow.com with or without notice. Continued use of this Site following any change constitutes your acceptance of the change.
Warranty Disclaimers:
LienItNow.com attempts to include and gather accurate information on this Site. However, because of the possibility of human and mechanical error, changes in the law(s) as well as other factors, LienItNow.com is not responsible for any errors or omissions. To the fullest extent permissible, pursuant to applicable law, LienItNow.com disclaims all warranties expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, LienItNow.com DOES NOT WARRANT THE TIMELINESS, ACCURACY, COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, OR THE INFORMATION IT CONTAINS. LienItNow.com DOES NOT WARRANT THAT THE SITE IS ERROR FREE IN CONTENT OR IN FUNCTIONALITY.
Limitations of Liability:
LienItNow.com, its members, officers and employees shall not be liable to a customer or any other person or entity for any damage that results from the use of, or the inability to use, the Site, or for any consequential, incidental, indirect, punitive, special or similar damages, even if advised of the possibility of such damages. LienItNow.com. disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to, any errors in or omissions, including but not limited to technical inaccuracies and typographical errors on any document, failure to file any document on time, failure to properly file a document, the unavailability of this Site or any portion thereof; your use of this Site; or any use of any equipment or software In connection with this Site. In no event shall LienItNow.com be responsible for any damages in excess of the fee paid by the User.
LienItNow.com, its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author or their firm, or assigns of LienItNow.com or its affiliates SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING CONTENT, REGARDLESS OF ANY NEGLIGENCE on the part of LienItNow.com its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author, their firm or assigns.
Indemnification:
The User agrees and covenants to indemnify, defend, and hold LienItNow.com, its agents, assigns, representatives, officers and/or affiliates, harmless from any and all claims, counterclaims, cross claims and/or liability that may arise due to the use of the Site, including but not limited to the provision, service or filing of any document by LienItNow.com based upon information provided by the User, any document filed or served by LienItNow.com on behalf of the User, any document in an arbitration proceeding filed or served on behalf of the User or generally in any respect whatsoever, including, if permitted by applicable law, when LienItnow's own negligence is alleged or proven. If any claim, or claims, arise(s) out of any issue relating to use of the Site, or any litigation is commenced, the User agrees to defend LienItNow.com, to pay all fees and costs, including reasonable attorney's fees, with LienItNow.com having the right to counsel of its choice, incurred by the User in its defense of such claims in any legal proceeding. The User agrees that the obligation to defend commences when a claim is made against LienItNow.com, even if the User disputes its obligation to indemnify them and hold them harmless.
The User shall immediately reimburse LienItNow.com upon demand, for any payment made by the LienItNow.com at any time, based on the judgment of any court of competent jurisdiction or pursuant to a bona fide compromise or settlement of claims, demands, or actions, with respect to any damages to which the foregoing indemnity relates. LienItNow.com shall give User prompt written notice, via regular and certified mail, of any litigation threatened or instituted against LienItNow.com that might constitute the basis of a claim for indemnity by LienItNow.com against the User.
User further agrees not to join LienItNow.com in any lawsuit between any parties, recognizing that its sole remedy is set forth in the terms and conditions agreed upon relating to arbitration.
Should User initiate a lawsuit against LienItNow.com, User agrees to pay the attorneys fees incurred by LienItNow.com should LienItNow.com be the prevailing party.
Disputes:
All disputes, claims, complaints and causes of action (collectively referred to herein as "Disputes") arising out of or in any way relating to this User Agreement, the User's use of this web site, the filing of any document on behalf of the User, or the information and forms contained herein shall be resolved in the manner provided below. The disputes procedure outlined herein is mandatory and exclusive. No legal action may be brought or maintained except as provided herein. User Disputes shall first be presented in Writing to LienItNow.com accompanied by a detailed explanation of the claim and with all documents supporting the position advocated by the User. Within thirty (30) days of the receipt of the User Dispute and all supporting information and documentation, LienItNow.com shall render a final and binding decision (herein the "Final Decision") in writing with respect to the Dispute. This Final Decision shall be final and binding for all purposes on LienItNow.com and the User unless, within twenty (20) days of the date of the Final Decision, the User notifies LienItNow.com in writing of the User's objection to Final Decision. If objection is timely made and received, the User shall submit the Dispute to binding arbitration within ninety (90) days of the date of Final Decision. The User's failure to do so within the ninety-day timeframe shall constitute a complete waiver of all claims and claimed damages relating to the Dispute. The User's arbitration demand shall be filed with the American Arbitration Association and shall be administered pursuant to the then applicable Commercial Dispute Resolution Procedures of the American Arbitration Association. The Dispute shall be decided by one arbitrator, who shall be an attorney practicing before the bar of the State of New Jersey, and any hearing in connection with the arbitration shall take place in Hackensack, New Jersey. The parties agree that the Dispute must be decided in strict accordance with the terms and conditions of this User Agreement.
Jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., as they apply to agreements made and performed therein.
Billing:
LienItNow.com will appear on your credit card billing statement for all charges made.
Refunds:
Once the User has submitted their payment information, no refunds will be given.
Bookmarking:
User agrees that at any time they will not bookmark any page to the site that will allow the User to bypass the terms and conditions of the site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions.
Severability:
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is void and unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Notice:
Notices by the Site to Users may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional. Notices by the Site to Users may be given by means of certified mail.
Questions and Contact Information:
All questions regarding terms and conditions must be directed to:
LienItNow.com
946 Main Street, Suite 102
Hackensack, New Jersey 07601
No Guarantee of Payment - Attorney Referrals:
The filing of a lien is not a guarantee of payment. In the event it becomes necessary to negotiate a settlement or commence litigation to collect your money, you may want to speak with an attorney. LienItNow.com's Attorney Connections page provides links to organizations that can provide you with the name of an attorneys with experience in construction law and lien foreclosure actions.
Privacy:
CATEGORIES OF INFORMATION THAT WE COLLECT
LienItNow.com collects nonpublic personal information about User from the following sources:
· Information that we receive from User on applications or other forms, including, but not limited to, the online lien filing forms; and
· Information about User's transactions with us, or others
CATEGORIES OF INFORMATION THAT WE DISCLOSE AND THE PARTIES TO WHOM WE DISCLOSE
LienItNow.com does not disclose any nonpublic personal information about our clients or former clients to anyone, except as required by law or as necessitated for the provision of services as requested by User.
CONFIDENTIALITY AND SECURITY
LienItNow.com restricts access to nonpublic personal information about User to those attorneys or employees of LienItNow.com who need to know that information in order to provide services to User. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard User's nonpublic personal information.
DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION TO OTHER NONAFFILIATED THIRD PARTIES
LienItNow.com discloses nonpublic personal information to other nonaffiliated third parties only as required by law or as necessitated for the provision of services requested by User.