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Lien Law online

A web publication of CONSTRUCTION PUBLICATIONS, INC.

Senior Editor: Frank E. Riggs, Jr. Troutman Sanders, LLP

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Terms & Conditions



Introduction

The following Terms and Conditions of Use apply to the entire LienlawOnline.com web site, inclusive of, but not limited to, written and graphic or design materials, forms, underlying HTML or other source files, discussion groups, and e-mail features.

Lienlawonline.com is a reference site for consumers, businesses and attorneys regarding lien law in the fifty United States and District of Columbia. Lienlawonline.com provides general information to help you better understand this important area of the law. As laws vary from state to state and are constantly changing, only a lawyer can provide you with specific advice appropriate to your circumstances and on which you should rely. Lienlawonline.com is an Internet venture of Construction Publications, Inc. (the “Company”). Construction Publications, Inc. is a publisher, and is not a law firm, a substitute for an attorney's advice, or a legal referral service. Neither the company, its Editors nor the Contributing Authors are providing you with legal advice, and no attorney-client relationship is created as a result of your accessing, reviewing or using the materials provided through this web site.

By using LienlawOnline.com, you are agreeing that under no circumstances will the Company, its affiliates, its Editors or any lawyer serving as a Contributing Author on the site or their firm 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 fails to take, whether or not based on information provided or as a result of the use of this site. Construction Publications, Inc., its affiliates, and its Editors also have no responsibility for (1) any person's satisfaction with any lawyer, whether relating to the lawyer's competence, diligence, or otherwise (2) the results of any advice given by or representation from any lawyer, or (3) the failure or refusal of any attorney to respond to or consult with you.

The LienlawOnline.com web site [the Site] contains proprietary material of Construction Publications, Inc. which is protected by copyright and other laws respecting proprietary rights. The Site is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Construction Publications, Inc. 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. Construction Publications, Inc. may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. Construction Publications, Inc. may also 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 Construction Publications, Inc. with or without notice. Continued use of this Site following any change constitutes your acceptance of the change.

Warranty Disclaimers

Construction Publications, Inc. attempts to include accurate information on this Site, but because of the possibility of human and mechanical error, changes in the law(s) as well as other factors, Construction Publications, Inc. is not responsible for any errors or omissions. THIS SITE IS PROVIDED TO THE CUSTOMER “AS IS.” To the fullest extent permissible, pursuant to applicable law, Construction Publications, Inc. 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, Construction Publications, Inc. DOES NOT WARRANT THE TIMELINESS, ACCURACY, COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR THE INFORMATION IT CONTAINS. Construction Publications, Inc. DOES NOT WARRANT THAT THE SITE IS ERROR FREE IN CONTENT OR IN FUNCTIONALITY.

Limitations of Liability

Construction Publications, Inc., its Editors, and its Contributing Authors 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, for reliance on the information contained in the Site or Construction Publications, Inc.'s support services or for any consequential, incidental, indirect, punitive, special or similar damages, even if advised of the possibility of such damages.

Construction Publications, Inc. 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 from this Site, including but not limited to technical inaccuracies and typographical errors; 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.

Construction Publications, Inc., its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author or their firm, or assigns of Construction Publications, Inc. 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 Construction Publications, Inc., its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author, their firm or assigns.

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 Subscriber Agreement, the Subscriber's use of this web site, 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.

Subscriber Disputes shall first be presented in writing to Construction Publications, Inc., accompanied by a detailed explanation of the claim, of the surrounding circumstances, and with all documents supporting the position advocated by the Subscriber. Within thirty (30) days of the receipt of the Subscriber Dispute and all supporting information and documentation, Construction Publications, 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 Construction Publications, Inc. and the Subscriber unless, within twenty (20) days of the date of the Final Decision, the Subscriber notifies Construction Publications, Inc. in writing of the Subscriber's objection to Final Decision. If objection is timely made and received, the Subscriber shall submit the Dispute to binding arbitration within ninety (90) days of the date of Final Decision. The Subscriber'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 Subscriber'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 North Carolina, and any hearing in connection with the arbitration shall take place in Greensboro, North Carolina. The parties agree that the Dispute must be decided in strict accordance with the terms and conditions of this Subscriber Agreement. The arbitrator shall render an award which follows the Subscriber Agreement 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 North Carolina 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 the exclusive remedy of the Subscriber, notwithstanding the nature of the claim or dispute or the parties involved. Construction Publications, Inc., its agents, its officers, employees, directors and affiliates, its Editors, and Contributing Authors shall be entitled to the protections and procedures afforded by this disputes procedure. If the Subscriber shall 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. The Subscriber specifically waives any rights or defenses inconsistent with the full application of the terms and provisions of this disputes procedure.

Any legal action arising out of or relating to this Subscriber Agreement, the Subscriber's use of this web site, the information and forms contained therein, or any Final Decision or arbitration award shall be brought in the courts of the State of North Carolina and in Greensboro, North Carolina, which courts shall have exclusive jurisdiction over the parties and the dispute. To the extend permitted by law, the parties waive any right to a trial by jury in connection with any such legal proceeding. Any failure of the Subscriber to follow and abide by the terms of this dispute procedure, or any failure of the Subscriber to strictly adhere to the terms and conditions of this Subscriber Agreement, shall entitle Construction Publications, Inc. to all attorneys' fees, litigation costs, expert fees, and related expenses thereby incurred.

Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., as they apply to agreements made and performed therein.

Fees

The Subscription Fee paid upon registration entitles Subscriber to unlimited access to the Site, use of services provided on the Site, and periodic notification, via e-mail, for important changes/information requiring notification, for a period of one (1) year from subscription. Subscriber is responsible for notifying Construction Publications, Inc. of any changes in Subscriber's e-mail address for purposes of notification or other information needed for contact.

Non-Interference

You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercial exploit the contents of the Site without the express written consent of Construction Publications, Inc. or to use the content for any unlawful purpose. You agree to access content manually by request and not programmatically by macro or other automatic means. You will not yourself or enable another to directly or indirectly interfere or attempt to interfere with the operation of the LienlawOnline.com web site. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the LienlawOnline.com computer systems or content. You are solely responsible for your password used to access the LienlawOnline.com web site and you will not disclose this to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. Lienlawonline.com may, from time to time, in its sole discretion initiate feedback information. You will not take any action that will undermine the integrity of the feedback system, such as falsifying information about yourself, your company or about any other party, using aliases or otherwise attempt to manipulate the feedback. You agree to comply with other rules regarding LienlawOnline.com, which are posted at various pages throughout the LienlawOnline.com web site. These rules have as binding an effect as this Subscription Agreement and are incorporated into this Agreement by reference and may be subject to change by Construction Publications, Inc. without prior notice and in its sole discretion.

Definitions

The term “Member” or “Membership,” as referred to in this document shall mean-The Subscriber or User of a valid username and password (UserId) for the Site during the term of membership.

The term “Site,” as referred to in this document shall mean-The web site “LienlawOnline.com” which you are purchasing a username and password (UserId) from Construction Publications, Inc. in order to access the site and its materials and benefits of membership.

The term “Subscriber,” as referred to in this document shall mean-The End-user, Consumer of the services of the Site and holder of a valid username and password (UserId) for the Site.

The term “Contributing Author,” as referred to herein, shall mean the attorney(s) and his or her law firm primarily responsible for the lien law information and forms provided with respect to each jurisdiction. The term shall include, as well, any firm with whom the Contributing Author attorney may later join, as well as any supplemental or substitute Contributing Author, who may hereafter make any contribution with respect to, the information, materials, and forms provided on the web site.

The term “Editors” shall include the representatives of Construction Publications, Inc., as well as the attorney(s) and his or her law firms who assume any responsibility for, or participate in, the editing process for the web site materials. This term also shall include any individual hereinafter added as part of the editorial team, as well as his or her law firms.

The term “Bookkeeping,” as referred to in this document shall mean-The act of placing a URL into a temporary file on the Subscribers' browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent.

Description of Services

Lienlawonline.com will provide one (1) UserId to access the Site and its contents for which you are purchasing membership.

Billing

“Lienlawonline.com” will appear on your credit card billing statement for all charges made.

Payment / Fee

The Site will have a subscription fee that is defined by the terms of the Site at the time of the initial enrollment for subscription. The member is responsible for such fees according to the terms of the Site. Once a member has accessed the site using the UserId assigned to the member, subscription fees become non-refundable.

Cancellation

At any time, and without cause, subscription to the Service may be terminated by either Construction Publications, Inc., the Site, or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. When the member requests the termination, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.

Refunds

Should a refund be issued by the Company, all refunds will be credited to the credit card used in the original transaction solely. Refunds will not be issued by cash, check, or to another credit card.

Bookkeeping

Subscriber agrees that at any time they will not bookmark any page to the site that will allow the subscriber 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.

Authorization of Use

Subscribers to the site are hereby authorized a single license to download, copy, or print material found on the site. This license shall be granted for the subscriber's sole use via one computer. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the site or any material found within is strictly prohibited. No material within the site may be transferred to any other person or entity, whether commercial or noncommercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices therefrom.

Construction Publications, Inc. and the Site reserve the right to terminate this license at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site.

Transfer of User ID

Access to the Site is through a combination of a user name and a password (UserId).

Subscribers may not under any circumstances release their UserId to any other person, and are required to keep his or her UserId strictly confidential. Lienlawonline.com will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. Subscribers acknowledge that the webmaster of the site may track through the use of special software each subscribers' entry to the site.

If any breach of security, theft or loss of Userld, or unauthorized disclosure of Userld occurs, subscriber must immediately notify Construction Publications, Inc. or the Site of said security breach. Subscriber will remain liable for unauthorized use of service until Construction Publications, Inc. or the Site is notified of the security breach by email or telephone.

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 invalid 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 Subscribers may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail.

Notices by Subscribers may be given by electronic messages or conventional mail (certified), or overnight delivery, unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the Site must be directed here. All cancellations of service to the site must be directed to the Company or the Site.

Questions and Contact Information

All questions regarding terms and conditions must be directed to:

customerservice@cpipublishing.com
Construction Publications, Inc.
140 Essex Lane, Suite P1
Mount Airy, NC 27030
866-786-0089 (U.S.)
336-786-0089 (Outside U.S.)

Entire Agreement

This Agreement constitutes the entire agreement between you and Construction Publications, Inc. regarding your use of content published on the web site from which you are accessing this Agreement. This Agreement supersedes any prior agreements between you and Construction Publications, Inc. with respect to such content. You also may be subject to additional terms and conditions that may apply when you use or access content or services provided by entities other than Construction Publications, Inc. on the web site from which you are accessing this Agreement or when you access any content provided by Construction Publications, Inc. from a web site other than the one from which you are accessing this Agreement. This Agreement and the relationship between you and Construction Publications, Inc. shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The failure of Construction Publications, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in any way relating to this Subscriber Agreement, the Subscriber's use of this web site, or the information and forms contained therein, must be submitted for a Final Decision in accordance with the disputes procedure outlined herein within ninety (90) days after any such claim or cause of action arose or be forever barred. Construction Publications, Inc. may, in its sole discretion and without notice, revise these terms at any time by updating this posting. If you do not agree with these Terms and Conditions in full, you must immediately terminate your use of this Site.