Disclaimer
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We Are Not Legal Advisors or Attorneys
We are not a law firm or attorneys and do not provide legal advice. Our software and services differ from those offered by legal professionals, and we are not authorized to practice law. Consequently, we cannot offer guidance on legal rights, remedies, defenses, options, form selections, or strategies, nor can we make decisions on your behalf. -
We Are Not a Manual and Reactive Lien Service
We are not a traditional “lien and notice service” that operates in a purely manual or reactive manner. -
We Are Not a Company Enabling Construction Payment Risks
We do not perpetuate or facilitate construction payment processes where the payment risk and availability of information are determined by the leverage of project participants. -
We Are Not a California Legal Document Assistant
Unlike a California Legal Document Assistant, we provide a software platform that allows users to prepare documents by merging information onto a template, but we do not offer legal document preparation services. -
We Are Not a Fully Autonomous Software
Our software, while powerful, requires your active engagement to operate effectively. We offer numerous resources and support, but your involvement is essential for maximizing the software’s potential.
Limitations on Liability, Disclaimer of Warranties, and Indemnification
Summary:
Accurate Lien strives to ensure that our software, services, and information are of high quality and perform reasonably well. However, we cannot guarantee that our software and services will be error-free and they are provided on an “AS IS” basis. By using Accurate Lien, you agree to defend and indemnify us against any claims related to your use of our services.
Legal Details:
We make every effort to ensure our services are delivered accurately, but errors may occur. We are not responsible for any errors or omissions in our services. This site and its services are provided “AS IS,” and to the fullest extent allowed by law, we disclaim all warranties, express or implied, including those of merchantability and fitness for a particular purpose.
Specifically, we do not warrant that:
- The information on our websites, in phone calls, or other communications is free from errors, fact-checked, or up-to-date.
- Documents ordered by you will be filed, served, or mailed on time, according to the law.
- Documents will be error-free or include any information beyond what you provide.
- The correct document will be filed, served, or mailed.
- You will have the right to file a notice, lien, or other document offered by us.
- Errors can be remedied in a timely manner.
These limitations arise partly because we cannot access all information about a project, your customers, or your work. It’s important for you to gather as much data as possible about your customers, contracts, project details, and service dates. No amount of information you provide will alter the disclaimers of warranties, limitations of liability, or any other terms in these Terms and Conditions.
We, including our agents and writers, are not liable for damages resulting from the use or inability to use our services, reliance on our website information, or any misrepresentations by you. Our liability is limited to the cost of the services provided, with minimal recourse to rescind the transaction causing damage.
Errors in data entry by us or our agents will result in liability only for the cost of the services provided, and you will not be entitled to any additional damages.
We are not liable for any direct, indirect, incidental, special, or consequential damages, including attorney’s fees, lost profits, or other benefits related to our services, even if we were advised of the possibility of such damages. If you seek damages contrary to these terms, you agree to cover any costs, including legal fees, that we incur in defending ourselves.
You agree to defend, indemnify, and hold us harmless from any liabilities arising from our services on your behalf, including but not limited to personal injury, property damage, legal violations, and payment failures. This obligation survives any claims or judgments involving partial negligence on our part.
Your duty to indemnify us is additional to other remedies and does not limit or exclude other rights granted by this Agreement or law. You must defend us immediately if placed in a defensive position related to your use of our services and will be responsible for legal costs incurred by us.
Information Provided to the Company
Summary:
You are responsible for the accuracy of the information you provide to us, whether entered directly into Accurate Lien or inferred from your document orders. If your provided information leads to us being put into a defensive position, you have specific obligations.
Legal Details:
We are not responsible for any inaccuracies in the information you or your company provide. Our software will process documents based solely on the information you supply, and we do not verify or review the legal sufficiency or compliance of this information. Any misrepresentations or false statements you provide are solely your responsibility.
You agree to ensure that the information you provide is accurate and appropriate. Using our platform fraudulently or providing incorrect information is a violation of these Terms and makes you liable for any resulting damages. If a document filed through our software is fraudulent or incorrect, you must either release it if possible or send a retraction letter.
You have a duty to respond to our requests for information or statements if a document you filed is disputed. If you fail to respond or do not fulfill your duty to defend and indemnify us, you authorize us to release, cancel, or retract the document as if you had requested it yourself.