Thank you for selecting DIY Lien.com (the "website"). This License Agreement ("Agreement") sets forth the terms and conditions that apply to your use of the website (defined below) and the associated Services described in Section 5, below ("Services"). If you do not accept this Agreement, you will not be able to use the website, but may return it with your dated receipt to the place of purchase within 60 days of your purchase for a full refund. If the store is unwilling to issue a refund or you obtained the website directly from DIY Lien, Inc., you may return it for a refund DIY Lien, Inc. 1000 West McNab Road Pompano Beach, FL 33069. You may print this document by clicking on the print button or by going to DIY Lien, Inc. web site at www.diylien.com/terms.php to access and print a copy of it.
Website. The term "website" as used in this Agreement includes (i) DIY Lien.com website (ii) the website’s related internet-based components, and (iii) any updates or maintenance releases that we may provide or make available for the website. Some services may be accompanied by, and will be subject to, additional terms.
2. License Grant and Restrictions.
DIY Lien, Inc. ("we", "our", or "us") grants to the person or entity who purchases an authorized license to use the website to prepare and print forms for itself and for its affiliates, i.e., its parent company, subsidiaries and related entities under common ownership and control (together "you", "your" or "user"). This Agreement does not permit you to transfer or give the website to another individual or entity for their use. Your license is a limited, non-exclusive, non-transferable license.
You are not licensed or permitted under this Agreement to do any of the following:
Any person who received the website through any of the forgoing prohibited methods, or through any method other than purchasing a license for this website from DIY Lien, Inc. or an authorized reseller, is not authorized to use such website.
You are not licensed or permitted to use the website, or allow the website to be used, to prepare forms on a professional or commercial basis (i.e., for a preparer's or other fee). You agree that for any unauthorized use of the website, or engaging in any conduct or transaction that is Restricted hereunder, it would be impossible or inadequate to measure and calculate DIY Lien, Inc.'s damages. Accordingly, you agree that if you engage in any conduct or transaction that is Restricted hereunder or use the website in a manner not authorized hereunder, thereby breaching this Agreement, in addition to any other right or remedy available, DIY Lien, Inc. will have the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach. Further, you hereby agree that no bond or other security shall be required in obtaining such equitable relief and consent to the issuance of such injunction and to the ordering of specific performance.
In addition to such other remedies, including the injunctive relief described above, you hereby agree to pay as and for liquidated damages to DIY Lien, Inc. an amount equal to Ten Thousand and 00/100 Dollars ($10,000.00) for each unauthorized use of the website, or for any event or act that is Restricted hereunder. Further, you agree that should you be in violation of any of the terms of this Agreement and DIY Lien, Inc. institutes or initiates any proceedings to enforce the terms of this Agreement, you shall pay and/or reimburse DIY Lien, Inc. for all costs, fees and expenses associated with such enforcement, including any attorney fees incurred by DIY Lien, Inc. as a result thereof.
You agree to register the website so that we can notify you of updates or corrections to the website. In this regard, you agree to keep us apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections.
4. Reservation of Rights and Ownership.
The website is licensed, not sold and we reserve all rights not expressly granted to you in this Agreement. The website is protected by copyright, trade secret and other intellectual property laws. DIY Lien, Inc. and its licensors own the title, copyright, and other worldwide intellectual property rights in the website and all copies of the website. This Agreement does not grant you any rights to the trademarks or service marks of DIY Lien, Inc..
5. DIY Lien, Inc. Services & Third Party Services (together, "Services")
A. Our Services.
Help and Support. We may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with the website. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by us from time to time.
Feedback. We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its website and services ("Feedback"). You agree that DIY Lien, Inc. may, in its sole discretion, use the Feedback you provide to DIY Lien, Inc. in any way, including in future modifications of the website, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant DIY Lien, Inc. a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
B. Third Party Services.
In connection with the promotion or your use of the website, you may be made aware of services, products, offers and promotions provided by third parties, and not by DIY Lien, Inc. ("Third Party Services"). These Third Party Services may include professional document review and other legal services, among others. Third Party Services may be subject to the terms and conditions specified by the third party providing such Third Party Services. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing such Third Party Services. You authorize us to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of the terms and conditions for such Third Party Services. You agree that the third party, and not us, is solely responsible for the performance of the Third Party Services.
C. Third Party websites.
The website and Services may contain or reference links to websites operated by third parties ("Third Party websites"). These links are provided as a convenience only. Such Third Party websites are not under the control of DIY Lien, Inc. We are not responsible for the content of any Third Party website or any link contained in a Third Party website. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party websites, and the inclusion of any link in the website or Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by DIY Lien, Inc. of any information contained in any Third Party website. In no event will DIY Lien, Inc. be responsible for the information contained in such Third Party website or for your use of or inability to use such website. Access to any Third Party website is at your own risk, and you acknowledge and understand that linked Third Party websites may contain terms and privacy policies that are different from those of DIY Lien, Inc. DIY Lien, Inc. is not responsible for such provisions, and expressly disclaims any liability for them.
You are responsible for providing, at your expense, any access to the Internet and any required equipment. Further, we may at any time change or discontinue any aspect, availability or feature of the Services.
6. Privacy and Use of Personal and/or Company Information.
We place the highest importance on respecting and protecting the privacy of our customers. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using our products and services. Our full Privacy Statement can be found by visiting http://www.diylien.com/privacy.php To contact us with a question, visit https://www.diylien.com/comments.php or write to us at: DIY Lien, Inc. 1000 West McNab Road Pompano Beach, FL 33069.
From time to time in the website, you may be presented with information about Services or other opportunities that may interest you. You agree that each affirmative indication of further interest by you (including, but not limited to, clicking on a "continue," "yes," "tell me more," or other such button in the website), supplemented by the provisions of this Agreement, shall constitute your separate written consent for DIY Lien, Inc. to use and display your information in the website to help you better understand that Service or opportunity. Each such consent shall be limited to its stated purpose.
You are responsible for protecting the information on your computer such as by installing anti-virus website, updating your website, password protecting your files, and not permitting third party access to your computer.
DIY Lien, Inc. is not a law firm, and the employees of DIY Lien, Inc. are not acting as your attorney. DIY Lien, Inc. does not practice law and does not give legal advice. This website is not intended to create an attorney-client relationship, and by using the website, no attorney-client relationship will be created with DIY Lien, Inc. Instead, you are representing yourself in any legal matter you undertake through DIY Lien, Inc.’s website. The website is a document preparation "self-help" website. At no time does DIY Lien, Inc. provide legal advice or apply the law to the facts of your particular situation. This website is not a substitute for the advice of an attorney. Furthermore, the legal information on this website is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, DIY Lien, Inc. cannot guarantee that all the information on the website is completely current. The law is different from jurisdiction to jurisdiction, and is also subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind DIY Lien, Inc. provides can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. This website contains links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that DIY Lien, Inc. sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
By using the website, you are agreeing that under no circumstances will DIY Lien, Inc., its affiliates, licensors, third-party content or service providers, retailers, distributors, dealers and suppliers be responsible for any loss, injury, claim, liability, or damage related to your use of this website or any site linked to this website, whether from errors or omissions in the content of our website or any other linked sites, from the site being down or from any other use of the site. In short, your use of the website is at your own risk.
8. Disclaimer Of Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7 ABOVE, THE WEBSITE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIY LIEN, INC., ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE WEBSITE, SERVICES, ADVICE, CD AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DIY LIEN, INC. DOES NOT WARRANT THAT THE WEBSITE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE WEBSITE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by us with respect to the website or Services (1) are solely for the benefit of you as the registered user of the website and are not transferable, and (2) shall be null and void if you breach any term or condition of this Agreement.
10. Limitation of Liability and Damages.
YOU AGREE THAT IN NO EVENT WILL THE PORTABLE FLORIDA CONSTRUCTION LAWYER INC. BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE AND/OR PARTICIPATION IN THIRD PARTY SERVICES. ADDITIONALLY, THE ENTIRE CUMULATIVE LIABILITY OF DIY LIEN, INC. AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE WEBSITE OR SERVICES, AS APPLICABLE, TO DIY LIEN, INC. OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIY LIEN, INC. AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, POSITIONS TAKEN BY YOU, USE OF THE WEBSITE WITH HARDWARE OR OTHER WEBSITE THAT DOES NOT MEET OUR SYSTEMS REQUIREMENTS, OR THE LIKE, WHETHER BASED IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF DIY LIEN, INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND DIY LIEN, INC. DIY LIEN, INC. WOULD NOT BE ABLE TO HAVE PROVIDED THIS WEBSITE OR SERVICES WITHOUT SUCH LIMITATIONS.
9. Consent to Conduct Business Electronically ("Consent").
a. Consent to Electronic Communications. DIY Lien, Inc. may be required by law to send "Communications" (as defined below) to you that may pertain to the website, the use of information you may submit to us, and the Services you choose. Additionally, certain of the Third Party Services you choose may require Communications with the third parties who administer these programs. You agree that we may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as www.diylien.com. You consent to receive these Communications electronically.
The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the website and the Services.
b. Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and website capabilities described below. Your consent to do business electronically, and our agreement to do so, applies to this Agreement, the website and any applicable Services.
c. Communication Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, an Internet browser website that supports 128-bit encryption, and an e-mail address. By selecting the "I accept" button and accepting this Agreement, you are confirming to us that you have each of these and the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
d. Withdrawal of Consent. If you later decide that you do not want to receive future Communications electronically, write to us at DIY Lien, Inc. 1000 West McNab Road Pompano Beach, FL 33069. Clearly state your desire to withdraw consent of electronic communication. If you withdraw your consent to receive Communications electronically, we may terminate your use of one or more of the website and Services.
All disputes, claims, complaints and causes of action (collectively referred to herein as "Disputes") arising out of or in any way relating to this Agreement, your use of the website, 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.
Your dispute shall first be presented in writing to DIY Lien, Inc. 1000 West McNab Road Pompano Beach, FL 33069, accompanied by a detailed explanation of the claim, of the surrounding circumstances, and with all documents supporting your position. Within thirty (30) days of the receipt of your Dispute and all supporting information and documentation, DIY Lien, Inc. 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 DIY Lien, Inc. and you unless, within twenty (20) days of the date of the Final Decision, you notify DIY Lien, Inc. in writing of your objection to the Final Decision. If objection is timely made and received, you shall then submit the Dispute to binding arbitration within ninety (90) days of the date of the Final Decision. Your 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 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 Florida, and any hearing in connection with the arbitration shall take place in Broward County, Florida. The parties agree that the Dispute must be decided in strict accordance with the terms and conditions of this Agreement. The arbitrator shall render an award which follows this Agreement’s terms and which fully explains the legal rationale and factual findings supporting the award. Any failure of the arbitrator to apply and follow the terms and conditions of this Agreement and the applicable law of the State of Florida shall be grounds for the setting aside of the award, notwithstanding any limitation in the applicable law on the grounds for overturning an arbitration award.
This disputes procedure shall be your exclusive remedy, notwithstanding the nature of the claim or dispute or the parties involved. DIY Lien, Inc., its agents, its officers, employees, directors and affiliates, shall be entitled to the protections and procedures afforded by this disputes procedure. If you file a legal action involving any of the parties protected by this Agreement and its disputes procedure, and join in that legal action any party not so protected, the party or parties protected by this Agreement and its disputes procedure shall be entitled to injunctive relief and to an order dismissing them from the legal action. You specifically waive any rights or defenses inconsistent with the full application of the terms and provisions of this disputes procedure.
Any cause of action contesting the issue of Arbitrability regarding any legal action arising out of or relating to this Agreement, your use of the website, the information and forms contained therein, or any Final Decision or arbitration award shall be brought in the state courts of Broward County, Florida or the federal court for the Southern District of Florida, which courts shall have exclusive jurisdiction over the parties and the dispute. In the event that the court finds that the Arbitration provision above is null and void, then the parties agree that any legal action arising out of or relating to this Agreement, your use of the website, the information and forms contained therein, or any Final Decision or arbitration award shall be brought in the state courts of Broward County, Florida or the federal court for the Southern District of Florida, which courts shall have exclusive jurisdiction over the parties and the dispute. To the extent permitted by law, the parties waive any right to a trial by jury in connection with any such legal proceeding.
Any failure by you to follow and abide by the terms of this dispute procedure, or any failure by you to strictly adhere to the terms and conditions of this Agreement, shall entitle DIY Lien, Inc. to all attorneys' fees, litigation costs, expert fees, and related expenses thereby incurred. This Agreement will be governed by Florida law without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Entire Agreement. This Agreement (and any additional terms and conditions with which DIY Lien, Inc. supplements this agreement) is a complete statement of the agreement between you and DIY Lien, Inc., and sets forth the entire liability of DIY Lien, Inc. and its Suppliers and your exclusive remedy with respect to the website and Services and their use. The Suppliers, agents, employees, distributors, and dealers of DIY Lien, Inc. are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on us. Any waiver of the terms herein by us must be in a writing signed by an authorized officer of DIY Lien, Inc. and expressly referencing the applicable provisions of this Agreement. DIY Lien, Inc. shall be not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
Severability. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Other. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word "including" means "including but not limited to." This Agreement does not limit any rights that DIY Lien, Inc. may have under trade secret, copyright, patent or other laws.
12. Termination and Amendment.
Your rights under this Agreement may be terminated by DIY Lien, Inc. immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to receipt of electronic Communications. Upon such termination, you must immediately cease using the website, and delete or destroy all complete and partial copies of the website, including all backup copies. Any termination of this Agreement shall not affect DIY Lien, Inc.’s rights hereunder. DIY Lien, Inc. shall have the right to change or add to the terms of its Agreements at any time provided that it is not DIY Lien, Inc. ’s intent that such change substantially affect the license rights granted to you in Section 2 and for which consideration was paid by you), and to change, delete, discontinue, or impose conditions on any feature or aspect of the website or Services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means DIY Lien, Inc. determines in its discretion to be reasonable, including sending you an email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the website or on any DIY Lien, Inc. sponsored web site, including but not limited to the web site listed above. Continued use of the website following any change(s) constitutes your acceptance of the change.
13. Export Restrictions.
You acknowledge that this website is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export this product, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
You can contact DIY Lien, Inc. , Inc. by mail at DIY Lien, Inc. , Inc., 1000 West McNab Road Pompano Beach, FL 33069 or by phone at (800) 785-4250..