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Liendispatcher Terms & Conditions of Use
TERMS AND CONDITIONS OF USE Welcome to Liendispatcher.com. Liendispatcher.com provides its services to you subject to the following terms and conditions. If you visit, subscribe, or use any of the services offered by Liendispatcher.com, you accept these conditions. Read them carefully. Electronic Communications When you visit, subscribe or otherwise use our services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate with you via email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such requirements be in writing. Copyright All of the content included on this site, such as text, forms, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Liendispatcher.com and Liendispatcher, Inc. or its content suppliers and protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of Liendispatcher, Inc. and protected by United States and International copyright laws. All of the software on this site is the property of Liendispatcher, Inc. or its software suppliers and protected by United States and International copyright laws. Trademarks Liendispatcher.com and the Dispatch Rider logo are registered trademarks of Liendispatcher, Inc. in the United States and other countries. All Liendispatcher.com graphics, logos, forms, page headers, button icons, scripts, and service names are trademarks or trade dress of Liendispatcher, Inc. Liendispatcher Inc.’s trademarks and trade dress may not be used in connection with any product or service that does not belong to Liendispatcher, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Liendispatcher.com and/or Liendispatcher, Inc. All other trademarks not owned by Liendispatcher, Inc that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Liendispatcher, Inc., Liendispatcher.com, or its subsidiaries. License and Site Access Liendispatcher, Inc. grants you a limited license to access and make regular business use of this site to create and print preliminary notices, labor and material releases and to order mechanic’s liens, stop notices, bond claims, and small claim actions. This license does not allow you to otherwise download or modify any portion of the site without the expressed written consent of Liendispatcher, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar date gathering or extraction tools. This site or any portion of this site may not be reproduced, duplicated copied, sold, resold, visited or otherwise exploited for any commercial purpose other than that for which it is intended without the expressed written consent of Liendispatcher, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Liendispatcher.com and/or Liendispatcher, Inc. without the expressed written consent of Liendispatcher, Inc. You may not use any meta-tags or any other “hidden text” utilizing Liendispatcher.com and/or Liendispatcher, Inc.’s name or trademarks without the expressed written consent of Liendispatcher, Inc. Any unauthorized use terminates the permission or license granted by Liendispatcher, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Liendispatcher.com so long as the link does not portray Liendispatcher.com and/or Liendispatcher, Inc. or their products and services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Liendispatcher logo or other proprietary graphics or trademarks as part of the link without the expressed written permission of Liendispatcher, Inc. Account Limitations If you use this site, you are solely responsible for maintaining the confidentiality of your account information and password inclusive of restricting use of your computer in order that you accept full responsibility for all of the activities that occur under your account name and password. Liendispatcher, Inc. reserves the right to refuse service, terminate accounts, remove or edit content (including customer database information) or cancel orders at their sole discretion. Communications and Other Content Subscribers and visitors may post communications on the Liendispatcher.com site in the form of emails, that provide suggestions, ideas, comments, critiques, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political speech, religious speech, commercial solicitations, chain letters, mass mailings, or any form of “spam.” You may not use a false or misleading email address, impersonate any person or entity or otherwise mislead as to the origin of a card or other content. Liendispatcher, Inc. reserves the right, but not the obligation, to remove, delete or edit such content. If you do choose to post content or submit material, and unless we indicate otherwise, you grant Liendispatcher.com and/or Liendispatcher, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Liendispatcher.com and Liendispatcher, Inc. for all claims resulting from the content you supply. Liendispatcher.com and Liendispatcher, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Liendispatcher.com and Liendispatcher, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party. Copyright Complaints Liendispatcher.com and Liendispatcher, Inc. respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes an infringement of your copyright please contact our corporate copyright agent with the information specified below:
You may contact our copyright agent, as follows:
Product Descriptions and Forms Used Liendispatcher.com and Liendispatcher, Inc. attempt to be as accurate as possible, however, we cannot warrant that product and/or service descriptions or other content on this site, inclusive of preliminary notices and mechanic’s lien releases, is accurate, complete, reliable, current or error free. You understand that the content of preliminary notice and mechanic’s lien release forms used by Liendispatcher.com and Liendispatcher, Inc. are governed by state statutes that change from time-to-time and that Liendispatcher.com and Liendispatcher, Inc. cannot warrant that they are accurate, complete, reliable, current or error free. Further, you accept full responsibility to consult an attorney before you rely on these forms being accurate, complete, reliable, and current or error free. Pricing Except where otherwise noted, prices charged for products and/or services are governed by our Price List. Liendispatcher.com and Liendispatcher, Inc. cannot confirm the price of your product and/or service or the combination of products and/or services you ordered until your order is complete. However, we will not charge your credit card until the product and/or service you ordered has been fulfilled as described in the Price List. Other Businesses From time-to-time, Liendispatcher.com and Liendispatcher, Inc. may offer products and services provided by third parties and we may provide links to sites of affiliated companies and certain other businesses. We are not responsible for examining or otherwise evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Liendispatcher.com and Liendispatcher, Inc. does not assume any responsibility or liability for the actions, products, and content of any of these third parties. You should carefully review their privacy statements and other conditions of use. Disclaimer of Warranty and Limitation of Liability This site and its content is provided by Liendispatcher.com and Liendispatcher, Inc. on an “as is” and “as available” basis. We make no representation or warranties of any kind, expressed or implied, as to the operation of this site or the information, content, forms, materials, or products included in this site. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. To the full extent permitted by law, Liendispatcher.com and Liendispatcher, Inc. disclaims all warranties, expressed or implied, including, but not limited to implied warranties and fitness for a particular purpose. Liendispatcher.com and Liendispatcher, Inc. does not warrant that this site, its servers, or email sent from Liendispatcher.com and Liendispatcher, Inc. are free of viruses or other potentially harmful components. We will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. You understand that the style and content of preliminary notice and mechanic’s lien release forms used by Liendispatcher.com and Liendispatcher, Inc. are governed by state statutes outside of the control of Liendispatcher.com and Liendispatcher, Inc. and that these statutes change from time-to-time and that Liendispatcher.com and Liendispatcher, Inc. cannot warrant that the forms used at any point in time are accurate, complete, reliable, current or error free. Further, you accept full responsibility to consult an attorney before you rely on these forms being accurate, complete, reliable, current, or error free. Timeliness of Filings Subscribers understand that Liendispatcher.com and Liendispatcher, Inc. will use due diligence in order to meet posted timelines and deadlines for the recording of documents as described on the Price List or throughout this website. However, you agree to hold harmless Liendispatcher.com and Liendispatcher, Inc. for failures to meet such deadlines and timelines due to factors outside its control, including but not limited to the following: acts of God and Nature and/or unexpected closure of federal, state, county, and municipal offices due to acts of war, rebellion, riot, insurrection, terrorism, or cutbacks of government services. Otherwise, and in any case as may be required by certain state laws, the subscriber agrees to a strict limit of liability not to exceed the face value of the recorded claim or fifty times the price of the service provided, whichever is less, for any failure to meet published timelines and deadlines not arising from the limitations set above. Hold Harmless and Indemnification for Recorded Claims Liendispatcher.com and Liendispatcher, Inc. agree to record claims for mechanic’s liens, stop notices, payment bonds, and small claims actions on your behalf relying on the accurateness and authenticity of the claims made by you when requesting such services. You warrant the accuracy, authenticity, and appropriateness of such claims and agree to unconditionally indemnify and hold harmless Liendispatcher.com and Liendispatcher, Inc., its officers, shareholders, employees, and agents for any claims arising from relying on the accuracy, authenticity, and appropriateness of the claim you requested we record upon your behalf. Under no circumstances do Liendispatcher.com and Liendispatcher, Inc. warrant the accuracy, authenticity, and appropriateness of any claim of mechanic’s lien, stop notice, payment bond or small claims action recorded or filed on behalf of its subscribers and relies exclusively on the information provided by its subscribers when recording or filing such claims. Applicable Law
By visiting or subscribing to
Liendispatcher.com and Liendispatcher, Inc. you agree that the laws of the
State of California without regard to principles of conflict of laws, will
govern these Terms and Conditions of Use, and that any dispute of any sort
that might arise between you and Liendispatcher.com and Liendispatcher, Inc.
Further, you agree that any dispute between you and Liendispatcher.com and
Liendispatcher, Inc. will be submitted to confidential arbitration in San
Diego, California except for violations of Liendispatcher.com and
Liendispatcher, Inc.’s intellectual property rights which will be litigated
by seeking injunctive or other appropriate relief in any state and/or
federal court in the State of California, and you consent to the exclusive
jurisdiction and venue of such courts. Confidential arbitration under the
terms of this agreement will be governed by the prevailing rules of the
American Arbitration Association. Any award shall be binding on both parties
and may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by law, no arbitration under this agreement
shall be joined to an arbitration involving any other party subject to this
agreement, whether through class action arbitration proceedings or
otherwise. |
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