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Introduction
CNF’s website is a reference site for consumers, businesses and attorneys regarding lien law in the State of Florida only. CNF provides general information and mailing services to help you better understand some aspects of this important area of the law, and to help you protect your legal rights. As laws vary from state to state and are constantly changing, only a lawyer can provide you with specific advice appropriate to your particular circumstances and on which you should rely. This website and all services provided by CNF are part of an Internet venture of CNF, the sole party that owns this portion of flaconstruction.com. CNF is a mailing service. CNF is not publisher, and is not a law firm, a substitute for an attorney’s advice, or a legal referral service. Neither CNF, 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 or services provided through CNF’s web site. By using CNF’s mailing services and / or viewing CNF’s website, you are agreeing that under no circumstances will CNF, 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. CNF, its affiliates, and its Editors also have no responsibility for (1) any person’s satisfaction with the website or any service not expressly contracted for, whether relating to competence, diligence, or otherwise (2) the results of any advice given by or representation from CNF, or (3) the failure or refusal of CNF to respond to or consult with you. The CNF web site contains proprietary material of CNF, 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. CNF 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. CNF may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. CNF 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 CNF with or without notice. Continued use of this Site following any change constitutes your acceptance of the change. Warranty Disclaimers
Limitations of Liability
CNF 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. CNF, its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author or their firm, or assigns of CNF 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 OR CNF’S SERVICES, INCLUDING CONTENT, REGARDLESS OF ANY NEGLIGENCE on the part of CNF, its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author, their firm or assigns. If you choose to use CNF’s mailing services, CNF must
receive the maximum statutory time period in which to perform those services,
and you must, and hereby do warrant that all information provided to CNF
for such purposes is timely, error free and based on both: (1.) your examination
of the actual Notice of Commencement recorded for the project, and (2.)
your examination of the actual property records for the property on which
the project is located.
Disputes shall first be presented in writing to CNF, accompanied by a detailed explanation of the claim, of the surrounding circumstances, 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, CNF 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 CNF and the user unless, within five (5) days of the date of the Final Decision, the Subscriber notifies CNF 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 twenty (20) days of the date of Final Decision. The Subscriber's failure to do so within the twenty-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 Florida, and any hearing in connection with the arbitration shall take place in Fort Lauderdale, 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 strictly follows the Agreement terms and which fully explains the legal rationale and factual findings supporting the award. Any failure of the arbitrator to strictly apply and strictly 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 the exclusive remedy of the user, notwithstanding the nature of the claim or dispute or the parties involved. CNF, 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 User 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 User 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 User Agreement, the User’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 Florida and in Fort Lauderdale, Florida 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 User to follow and abide by the terms of this dispute procedure, or any failure of the User to strictly adhere to the terms and conditions of this User Agreement, shall entitle CNF to all attorneys' fees, litigation costs, expert fees, and related expenses thereby incurred. Jurisdiction
Non-Interference
Definitions
The terms “user”, “subscriber”, “consumer” and “client”
shall be synonymous and shall mean-The End-user, Consumer of the services
of the Site and/or 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 CNF, 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. Cancellation
Refunds
Bookkeeping
Authorization of Use
CNF 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
Subscribers may not under any circumstances release their UserId to any other person, and are required to keep his or her UserId strictly confidential. CNF 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 CNF or the Site of said security breach. Subscriber will remain liable for unauthorized use of service until CNF or the Site is notified of the security breach by email or telephone. Severability
Notice
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: webmaster@flaconstruction.com
Entire Agreement
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