SITE USE TERMS AND CONDITIONS
Use of Software
To the extent that File My Prelim.com and National Lien Services provides for the download of proprietary File My Prelim.com and National Lien Services software and open source software from File My Prelim.com and National Lien Services' Web site ("Software"), such Software is protected by the applicable copyright, patent or other intellectual property rights of either File My Prelim.com and National Lien Services or the open source licensor, respectively. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement. All evaluation Software is provided for evaluation, personal and internal use only and may not be used for commercial, development or production purposes. In addition, such Software is time-disabled meaning that all Software functions and features will cease to operate after a period of time.
File My Prelim.com and National Lien Services and the File My Prelim.com and National Lien Services logo and design are registered trademarks or trademarks (the "Marks") of File My Prelim.com and National Lien Services in the United States and/or other jurisdictions. You are not permitted to use the Marks without the prior written consent of File My Prelim.com and National Lien Services. All other marks and names mentioned herein may be trademarks of their respective companies.
Except where otherwise specified, the contents of this site are copyright (c) 1988-2014 File My Prelim.com and National Lien Services. All rights reserved. The contents of this site are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of this site, except as necessary to view this site. Please direct any questions or comments to us at File My Prelim.com and National Lien Services Attn: Privacy Officer, P.O. Box 69507 Tucson, AZ 85739, USA
Links to Third Party Sites
Although File My Prelim.com and National Lien Services has attempted to provide accurate information on this Web site, information on this Web site may contain technical inaccuracies or typographical errors. The contents of any documents on this Web site are believed to be current and accurate as of their publication dates. File My Prelim.com and National Lien Services assumes no responsibility for the accuracy of the information. File My Prelim.com and National Lien Services may change the programs, products, or services mentioned at any time without notice. For the most current and complete documents, please contact File My Prelim.com and National Lien Services directly. Mention of non-File My Prelim.com and National Lien Services products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. FILE MY PRELIM.COM AND NATIONAL LIEN SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY FILE MY PRELIM.COM AND NATIONAL LIEN SERVICES PRODUCT, OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF File MY PRELIM.COM AND NATIONAL LIEN SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
File My Prelim.com and National Lien Services respects the privacy of our customers, business partners and employees. We recognize the need for appropriate protections and management of your personal information that you provide to us. File My Prelim.com and National Lien Services has therefore established this Privacy Statement to assist you to understand what information we collect and how that information is used.
Personal Information is information that can be used to identify or contact a specific individual, such as a name, address, telephone number or email address. File My Prelim.com and National Lien Services may collect certain personal information from customers, business partners, employees and candidates for employment. File My Prelim.com and National Lien Services does not collect personal information when you visit File My Prelim.com and National Lien Services' web sites unless you choose to provide such personal information.
On File My Prelim.com and National Lien Services web sites you can request information, subscribe to marketing or support materials, support, services and training. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs and passwords, billing and transaction information, credit card or other financial information, contact preferences, educational and employment background, job interest data and benefit choices.
File My Prelim.com and National Lien Services also collects personal information of its employees (human resources data) in connection with administration of its Human Resources programs and functions. These programs and functions include compensation and benefit programs, performance appraisals, training, business travel, expense and tuition reimbursement, identification cards, access to File My Prelim.com and National Lien Services facilities and computer networks, employee profiles, internal employee directories, Human Resource recordkeeping, and other employment related purposes. File My Prelim.com and National Lien Services employees can go on-line to access their personal profile, job related data, compensation and benefit information, to make benefit elections and transactions and to make changes to their personal information.
How does File My Prelim.com and National Lien Services use personal information?
File My Prelim.com and National Lien Services will NOT share or distribute any personal information with any third party distributors and/or resellers. In the event that File My Prelim.com and National Lien Services begins offering products for purchase on our site(s) specifically, we use your information to help you complete a transaction or order, to communicate with you, to deliver products/services to you, to bill you for products/services you purchased, and to provide ongoing service and support. Occasionally we may use your information to contact you to complete surveys that we use for marketing and quality assurance purposes.
File My Prelim.com and National Lien Services may share your personal information with third parties in responding to your requests for products or services or product evaluations. Also, we may on occasion allow selected partners to send you special offers in blind mailings. Generally, you will be given the opportunity to opt out of having your personal information shared with these third parties; however, if you request information on any of our products/services, File My Prelim.com and National Lien Services may provide your information to third party distributors and resellers who may subsequently contact you directly to purchase such products/services. In these instances, you will not have the opportunity to opt out of having your information shared with these third party distributors and resellers.
Some of File My Prelim.com and National Lien Services' websites make on-line newsgroups available to our users. Any information that is disclosed in these newsgroups becomes public information and you should exercise caution when deciding to disclose your personal information. File My Prelim.com and National Lien Services may, from time to time, send email regarding our products and services to users who have posted to our newsgroups. Each participant's opinion expressed in a newsgroup is his or her own and should not be considered as reflecting the opinion of File My Prelim.com and National Lien Services. To the extent that File My Prelim.com and National Lien Services uses personal information to email you about our product and services, File My Prelim.com and National Lien Services' email practices are in compliance with the U.S. and E.U. SPAM laws.
File My Prelim.com and National Lien Services uses personal information to consider candidates for employment opportunities within File My Prelim.com and National Lien Services. File My Prelim.com and National Lien Services uses personal information about its employees in connection with the administration of its Human Resources programs and functions and for purpose of communicating with its employees. Except as provided in this Statement, File My Prelim.com and National Lien Services does not use your personal information for a purpose other than the stated purpose for which such information is collected.
Personal information given to File My Prelim.com and National Lien Services may be transferred across state and country borders for data consolidation, storage and simplified information management.
With whom does File My Prelim.com and National Lien Services share personal information?
File My Prelim.com and National Lien Services will keep confidential the personal information received from File My Prelim.com and National Lien Services and may not use it for any purpose other than as originally intended.
Human Resources data may be shared with third party vendors for the exclusive purpose of enabling the vendor to provide service and/or support to File My Prelim.com and National Lien Services in connection with these Human Resource programs and functions. Personal data is not shared with third parties for non-employment related purposes. Third parties receiving personal information are expected to apply the same level of privacy protection as contained in this Privacy Statement.
Except as provided above, File My Prelim.com and National Lien Services will not share personal information with any other third parties without your permission, unless required by, or in connection with, law enforcement action, subpoena or other litigation, or applicable law. File My Prelim.com and National Lien Services will not sell, trade or lease your personal information to others.
Choice & Consent
File My Prelim.com and National Lien Services does not require that you provide File My Prelim.com and National Lien Services with personal information. The decision to provide personal information is voluntary. If you do not wish to provide the personal information requested, however, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested. Except as expressly stated otherwise in this Privacy Statement, you may opt out of having File My Prelim.com and National Lien Services share personal information with third parties as described in this Privacy Statement by notifying File My Prelim.com and National Lien Services in writing of your desire to do so.
Sensitive information is defined as personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information specifying the sex life of the individual. Except as provided below, File My Prelim.com and National Lien Services does not request or receive sensitive information from visitors to our websites. File My Prelim.com and National Lien Services may receive sensitive information such as medical or health conditions, or race and ethnic data regarding its employees in connection with the administration of its health and welfare benefit plans, or as part of government mandated recordkeeping requirements. Such information will not be shared with third parties without the employee's affirmative approval as required by applicable law. In addition, sensitive information will not be used for a purpose other than its original purpose without the employee's approval. Further, File My Prelim.com and National Lien Services will treat as sensitive any information received from a third party where the third party treats and identifies the information as sensitive.
File My Prelim.com and National Lien Services strives to keep your personal information accurate. We have implemented technology, management processes and policies to maintain data accuracy. We will provide you with access to your information, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data.
File My Prelim.com and National Lien Services will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual, as required by applicable law.
Security of Personal Information
File My Prelim.com and National Lien Services is committed to taking reasonable efforts to secure the personal data you choose to provide us. To protect the privacy of any personal information you may have provided, File My Prelim.com and National Lien Services employs industry-standard controls including physical access controls, Internet firewalls, intrusion detection, and network monitoring. In addition, access to sensitive data as defined in this Statement is limited to those individuals and agents having a need to know.
Other Information/Logging and Cookies
File My Prelim.com and National Lien Services collects and/or logs Internet Protocol addresses, Internet domain names, the web browser and operating system used to access the File My Prelim.com and National Lien Services web site, the files visited, the time spent in each file, and the time and date of each visit.
You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you and personalize your web-browsing experience.
Links to Non-File My Prelim.com and National Lien Services Websites and Third Parties.
File My Prelim.com and National Lien Services will engage in periodic self-assessment to verify that it continues to be in compliance with this Privacy Statement.
If you have any questions regarding the Privacy Statement or believe that the privacy of your personal information has not been respected, you may submit a complaint in writing to the attention of File My Prelim.com and National Lien Services' Privacy Officer, P.O. Box 69507 Tucson, AZ 85739, USA
Except as provided above, dispute resolution for all other individuals shall be in accordance with applicable law.
Changes to this Statement
File My Prelim.com and National Lien Services will review and update this Statement periodically.
File My Prelim.com and National Lien Services provides this Website and the services offered on it (collectively, the "Services") under the following terms and conditions of service and use (the "Terms"). Please read them carefully. You understand and acknowledge that the Services are provided to you exclusively under these Terms. By registering for an account, accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. As used on this Website, the terms "we", "us", or "our" refer to File My Prelim.com and National Lien Services.
Modifications to the Terms
File My Prelim.com and National Lien Services may change the Terms from time to time. We will notify you of any such changes via e-mail and/or by posting the changes on FileMyPrelim.com and NationalLienServicves.com. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
Modifications to the Services
We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
Your Account, Password, and Security
You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. We recommend that you memorize this information, and not write it down. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
If you chose to use our website to upload information directly to use, you warrant that the information you provide us is true, accurate, current and complete. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. Should we determine that any information you upload to us requires us to provide 'rush' services, you agree to pay the rush charges as listed in your rate sheet.
You acknowledge that you are over 16 years of age. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. You are solely responsible for all acts or omissions that occur under your account or password, including for all Content (as defined below) that you (or anyone using your account) submit, post or transmit through the Services. You agree not to use the Services to do any of the following:
- - post images from other websites;
- - insert links to other websites, except where prompted through online forms we provide;
- - use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages;
- - violate any local, state, national or international law;
- - stalk, harass or harm another individual;
- - collect or store personal data about other users;
- - impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- - interfere with or disrupt the Services or servers or networks connected to the FileMyPrelim.com and NationalLienServices.com Website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to the FileMyPrelim.com and NationalLienServices.com System;
- - submit, post, store or transmit any (a) Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) Content that infringes the intellectual property rights of a third party; or (d) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Third Party Content & Monitoring
We are a distributor (and not a publisher) of Content supplied by third parties and users of the Services. Accordingly, we have no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of File My Prelim.com and National Lien Services. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the File My Prelim.com and National Lien Services Website or utilizing the Services by anyone other than authorized File My Prelim.com and National Lien Services spokespersons while acting in their official capacities. We have the right, but not the obligation, to monitor and review the Content on the FileMyPrelim.com and NationalLienServices.com Website and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms, which we believe may create liability for us, or that we deem otherwise objectionable.
Dealings with Partners and Advertisers
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT FILE MY PRELIM.COM AND NATIONAL LIEN SERVICES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.
Use and Storage
You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, and use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only.
As File My Prelim.com and National Lien Services are solely service based companies, no refund will be given for costs incurred by File My Prelim.com and/or National Lien Services for services rendered. Those services are including but not limited to filing fees, postage, and/or messenger services.
Document Shipping Policy
Most states require Preliminary Notices and/or Notice to Owners be shipped via USPS Certified Mail. When purchasing a Preliminary Notice or Notice to Owner for one of these states, FileMyPrelim.com will automatically require a "Shipping Credit" to accommodate the shipping costs. A "Shipping Credit" may be purchased in one of three scenarios:
- if a client does not have a pre-purchased "Shipping Pack", the FileMyPrelim.com system will automatically charge $18 per Preliminary Notice/Notice to Owner to accommodate up to the first three recipients for notification
a. FileMyPrelim.com reserves the right to charge $6.00 USD for any additional recipients above and beyond the first three
- a client may pre-purchase "Shipping Credits" -- each "Shipping Credit" equates to one (1) USPS Certified Mail recipient
a. "Shipping Credits" are available in the following quantities: 10, 25, 50, 100
- a client has pre-purchased "Shipping Credits" and does not have sufficient credits to support the number of recipients on a Notice
a. FileMyPrelim.com reserves the right to charge $6.00 USD for any additional recipients above and beyond the number of "Shipping Credits" on the account
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE FILEMYPRELIM.COM AND NATIONALLIENSERVICES.COM WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILE MY PRELIM.COM AND NATIONAL LIEN SERVICES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OWNERS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:
- - the use or the inability to use the Services;
- - the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services;
- - unauthorized access to or alteration of your transmissions or data;
- - statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights;
- - your failure to adequately safeguard your password or access to the Services;
- - any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services;
- - termination of your access to or use of the Services as provided herein;
- - the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
- - any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
- - use of or reliance on any Content, goods or services available on any other Websites that you access through the Services;
- - any other matter relating to the Services or these Terms.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. To the maximum extent permitted by law, you agree to limit any liability claim or claim of damages to an amount no greater than that which is covered by our insurance policies. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
You agree to indemnify, defend and hold harmless File My Prelim.com and National Lien Services, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the FileMyPrelim.com and NationalLienServices.com Website or other Services.
Certain of the names, logos, and other materials displayed on the FileMyPrelim.com and NationalLienServices.com Website and in and through the Services System constitute trademarks, trade names, service marks or logos ("Marks") of File My Prelim.com and National Lien Services or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Copyrights; Restricitons on Use
The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by File My Prelim.com and National Lien Services or its licensors (the "Content"), is copyrighted by File My Prelim.com and National Lien Services and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by File My Prelim.com and National Lien Services or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of File My Prelim.com and National Lien Services and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
You hereby grant to File My Prelim.com and National Lien Services and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the FileMyPrelim.com and NationalLienServices.com Website or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.
The Terms constitute the entire and exclusive and final statement of the agreement between you and File My Prelim.com and National Lien Services with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and File My Prelim.com and National Lien Services with respect to the subject matter hereof. The Terms and the relationship between you and File My Prelim.com and National Lien Services shall be governed by the laws of the State of Arizona as applied to agreements made, entered into and performed entirely in Arizona by Arizona residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Pima County, Arizona and you and File My Prelim.com and National Lien Services hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 that the other provisions of the Terms 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 related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
The provisions of Sections 4, 6, 7, 8, and 10 through 19, as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. File My Prelim.com and National Lien Services' (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.
Please report any violations of the Terms to us using our contact page.
If you have any questions regarding these Terms, you may contact us in writing at PO Box 69507 Tucson, AZ 85739, USA or you may call us at 855-558-0870.