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The following Terms and
Conditions of Use apply to the entire NJLien.com web site:
General
NJLien.com is a lien processing and filing site for use by
businesses. By using NJLien.com, you are agreeing that under
no circumstances will NJLien.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.
The NJLien.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. NJLien.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.
NJLien.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 NJLien.com with or without
notice. Continued use of this Site following any change
constitutes your acceptance of the change.
Warranty Disclaimers
NJLien.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, NJLien.com is not responsible for any errors
or omissions. To the fullest extent permissible, pursuant to
applicable law, NJLien.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, NJLien.com
DOES NOT WARRANT THE TIMELINESS, ACCURACY, COMPLETENESS,
PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE,
OR THE INFORMATION IT CONTAINS. NJLien.com DOES NOT WARRANT THAT
THE SITE IS ERROR FREE IN CONTENT OR IN FUNCTIONALITY.
Limitations of Liability
NJLien.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. NJLien.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
NJLien.com be responsible for any damages in excess of the
fee paid by the User.
NJLien.com, its affiliates, any officer, director, employee,
subcontractor, agent, successor, editor, contributing author
or their firm, or assigns of NJLien.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 NJLien.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
NJLien.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
preparation or filing of any document prepared by NJLien.com
based upon information provided by the User, any document
filed by NJLien.com on behalf of the User, any document in
an arbitration proceeding filed on behalf of the User or
generally in any respect whatsoever. 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 NJLien.com, to pay all fees and costs, including
reasonable attorney's fees, with NJLien.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 shall immediately reimburse NJLien.com upon demand,
for any payment made by the NJLien.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. NJLien.com shall give User
prompt written notice, via regular and certified mail, of
any litigation threatened or instituted against NJLien.com
that might constitute the basis of a claim for indemnity by
NJLien.com against the User.
User further agrees not to join NJLien.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 NJLien.com, User
agrees to pay the attorneys fees incurred by NJLien.com
should NJLien.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
NJLien.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, NJLien.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 NJLIen.com and the
User unless, within twenty (20) days of the date of the
Final Decision, the User notifies NJLien.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
NJLien.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:
NJLien.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. NJLien.com works closely with
attorneys with substantial experience in construction law
and lien foreclosure actions. If you would like to speak to
an attorney, please contact NJLien.com at 1-888-LiensNJ
(1-888-543-6765).
Privacy
CATEGORIES OF INFORMATION THAT
WE COLLECT
NJLien.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
NJLien.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
NJLien.com restricts access to nonpublic personal
information about User to those attorneys or employees of
NJLien.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
NJLien.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.
CARTMANAGER PRIVACY NOTICE
Please
click here to view the CartManager (NJLien.com e-commerce
application) privacy statement.
Entire Agreement
This Agreement constitutes the entire agreement between User
and NJLien.com regarding the use of this site and NJLien.com
services. If you do
not agree with these Terms and Conditions in full, you must
immediately terminate your use of this Site.
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