Terms and conditions
TEXAS EASY LIEN
ARTICLE 1. INTRODUCTION
TERMS AND CONDITIONS OF USE OF WEBSITE
This User Agreement (Agreement) is a contract between you and Texas Easy Lien, LLC, d/b/a and referred to herein as “Texas Easy Lien” or “TEL” and applies to your use of the Texas Easy Lien services. Your use the Texas Easy Lien website is conclusive proof of your agreement,acceptance, and consent to all of the terms and conditions contained in this Agreement.
In consideration of your payment to TEL, TEL shall grant to you a revocable, non-exclusive, non-transferable limited license as defined hereinafter to use the TEL website to create documents necessary for you to prepare lien notices and lien affidavits under Chapter 53 of the Texas Property Code. For each claim you have and for which you desire to file a mechanic’s and materialmen’s lien, you must pay a separate fee. PLEASE NOTE THAT LIENS MAY ONLY BE FILED BY CONTRACTORS OR INDIVIDUALS WHO HAVE FURNISHED LABOR OR MATERIALS TO A JOBSITE LOCATED WITHIN THE STATE OF TEXAS.
Amended Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
Importance of this Contract. This is an important document which you must consider carefully when choosing whether to use the Texas Easy Lien services. Please be advised: This Agreement contains provisions that govern how claims you and we have against each other are resolved. It also contains an Agreement to Arbitrate which will require you to submit all Claims you have against us to binding and final arbitration.
ARTICLE 2. DEFINITIONS
“Texas Easy Lien” is the assumed name of Texas Easy Lien, LLC, a Texas for-profit limited liability corporation. Texas Easy Lien is referred to in this Agreement as TEL.
“Lien” as used herein, means a lien filed under Chapter 53 of the Texas Property Code and/or other laws of the State of Texas or its constitution.
“You” and “Customer” refer to you, your agents and representatives.
“Contract” or “Agreement” refers to this Agreement between you and TEL.
“Account” refers to your account with TEL.
“License” is the right to use the TEL website as a paying customer. The License expires after all of the forms have been prepared by TEL.
“Claims” means all demands, lawsuits, and arbitration proceedings.
“We”, “Us” and “Our” refer to TEL.
“Communications” refers to emails, texts, telephone calls, letters or documents of any kind sent via U.S. Mail, Federal Express, UPS or any other courier service. See Article IV below for more information about Communications.
Texas Easy Lien Services refers to all statement contained on the Texas Easy Lien website and the documents that are or can be prepared using the Texas Easy Lien website to include but not limited to lien notices, lien affidavits, demand letters, lien waivers or releases, or any other document available at Texas Easy Lien.
ARTICLE 3. OUR RELATIONSHIP WITH YOU
A. TEL provides no guaranty and is not liable for any harm resulting from Texas Easy Lien Services. Texas Easy Lien is only a summary computer program designed to assist you in preparing lien documents, but it is not comprehensive, and you may have additional lien rights that are not available through Texas Easy Lien. Texas Easy Lien helps you prepare mechanic’s liens and the supporting documentation for use in the State of Texas, but it is an abbreviated process that does not encompass all of the rights, exceptions or other relief you may be entitled to under the law. Texas Easy Lien is an independent contractor for all purposes and is not your partner, agent, attorney, or trustee. TEXAS EASY LIEN DOES NOT PROVIDE LEGAL ADVICE. TEXAS EASY LIEN DOES NOT HAVE CONTROL OF, OR HAVE ANY LIABILITY FOR THE ANSWERS YOU PROVIDE IN USING THE TEL WEBSITE OR WHETHER THE LIEN DOCUMENTS PREPARED BY YOU ARE LEGAL OR VALID. TEL DOES NOT GUARANTEE THE VALIDITY OR LEGALITY OF ANY DOCUMENT PREPARED ON THIS SITE – YOU AGREE TO BE FULLY LIABLE FOR DOCUMENTATION PREPARED AND FILED BY YOU USING THE TEL WEBSITE. DESPITE THESE PROVISIONS, YOU AGREE THAT TEXAS EASY LIEN’S SERVICES ARE PROFESSIONAL IN NATURE AND THEREFORE, THE TEXAS DECEPTIVE TRADE PRACTICES ACT SHALL NOT APPLY TO TRANSACTIONS BY AND BETWEEN YOU AND TEXAS EASY LIEN.
B. Intellectual Property.Texaseasylien.com, Texas Easy Lien, and TEL and all logos related to the Texas Easy Lien Services are either trademarks or registered trademarks of Texas Easy Lien or Texas Easy Lien’s licensors. You may not copy, imitate or use them without Texas Easy Lien’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Texas Easy Lien. You may not copy, imitate, or use them without our prior written consent.
C. Password Security and Keeping Your Email and Address Current.You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access Texas Easy Lien Services.
D. Notices to You. You agree that Texas Easy Lien may provide you Communications about your Account and Texas Easy Lien Services electronically. Any electronic Communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any Communications sent to you by postal mail will be considered to be received by you within 3 business days after we send it.
E. Notices to Texas Easy Lien. Except as otherwise stated herein, all notices to Texas Easy Lien must be sent by certified mail, return receipt requested, via U.S. Postal Service to: Texas Easy Lien, LLC, Attn: Legal Department, 611 West 14th Street, Austin, Texas 78701.
F. Calls to You; Mobile Telephone Numbers. By providing Texas Easy Lien a telephone number (including a mobile telephone number), you agree to receive autodialed and prerecorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Account opening, adding a telephone number to your Account at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number. We won’t share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with our Family of Companies or with our service providers, such as billing or collections companies, who may contact you using autodialed or prerecorded message calls or text messages. Standard telephone minute and text charges may apply to your Account if we contact you.
G. Recording Calls. You understand and agree that Texas Easy Lien may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Texas Easy Lien or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your Communications with Texas Easy Lien may be overheard, monitored, or recorded without further notice or warning, not all telephone calls may be recorded by Texas Easy Lien, and Texas Easy Lien does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
H. No Guaranty of Payment.The filing of a Lien or bond does not ensure you will get paid. You will likely need to take further actions to collect the debt you allege to be owed such as effectuating a sale of the property constituting the construction project through the Lien you may file through TEL. You may be compelled to hire an attorney to assist you in collecting the money you contend is owed to you and TEL SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ATTORNEY’S FEES YOU MAY INCUR.
ARTICLE 4. ELECTRONIC COMMUNICATIONS DELIVERY POLICY
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your Texas Easy Lien account ("Account") and your use of our services. Communications include, but are not limited to:
- agreements and policies you agree to (e.g., the Texas Easy Lien User Agreement (This Contract) including updates to these agreements or policies;
- annual disclosures, including prospectuses and reports for Texas Easy Lien, if any;transaction receipts or confirmations;
- Accounts statements and history;
- federal and state tax statements we are required to make available to you; and
- information related to any other Account you hold with TEL, Texas Easy Lien Accounts, or transaction.
ARTICLE 5. ACCOUNTS
A. How to Open Account.You open an account with TEL by accepting and entering into this Contract.
B. Limitations on Closing Your Account. You may not close your Account to evade an investigation or a lawsuit or arbitration or use our site during a pending or threatened lawsuit against you related, directly or indirectly, to any documents or services provided by, through or under Texas Easy Lien.
C. Escheatment of Dormant Accounts. If you do not log in to your Account for one or more years, Texas Easy Lien may close your Account and permanently delete all records and documents contained therein
D. Eligibility. To be eligible to use Texas Easy Lien Services, you must be at least 18 years old and be located in the United States.
ARTICLE 6. ACCURACY OF INFORMATION
A. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY OF THE INFORMATION YOU PROVIDE FOR EACH PROJECT YOU INTEND TO LIEN, INCLUDING ALL DATES, AMOUNTS DUE AND OWING, LEGAL DESCRIPTION OF THE PROPERTY YOU INTEND TO LIEN, AND YOUR PERSONAL INFORMATION SUCH AS EMAIL ADDRESS OR TELEPHONE NUMBER. IF THE INFORMATION YOU PROVIDE IS NOT ACCURATE, YOUR LIEN MAY BE INVALID AND YOU MAY BE HELD LIABLE TO THIRD PARTIES FOR DAMAGES.
B. You warrant to Texas Easy Lien the accuracy and completeness of the data you enter into the Texas Easy Lien program. If the data which you provide to Texas Easy Lien is not accurate or is not complete, your Lien may be invalid and you may be subject to a lawsuit to remove your attempted Lien. PLEASE REMEMBER THAT IN THE EVENT YOU FILE AN INVALID LIEN, THE LANDOWNER IS ENTITLED TO RECOVER HIS OR HER ATTORNEY’S FEES IN REMOVING THE LIEN FROM THE TITLE TO THE PROPERTY AND THE LANDOWNER MAY ALSO RECOVER OTHER DAMAGES CAUSED BY THE INVALID LIEN OR NOTICE.
ARTICLE 7. RESTRICTED ACTIVITIES
Restricted Activities.In connection with your use of our website, your Account, Texas Easy Lien Services, or in the course of your interactions with Texas Easy Lien, other Users, or third parties, you will not:
Breach this Agreement or any other agreement or policy that you have agreed to with Texas Easy Lien;
Violate any law, statute, ordinance, or regulation (for example, preparing and filing lien documents for the purposes of defrauding others, or harassing or causing financial injury to third persons);
Infringe Texas Easy Lien’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Prepare and/or file fraudulent lien documents or use TEL Services for an improper purpose;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide to TEL false, inaccurate or misleading information;
Prepare what we reasonably believe to be a potentially fraudulent or invalid lien;
Refuse to cooperate in an investigation by TEL or law enforcement personnel or provide confirmation of your identity or any Information you provide to us;
Have a credit score from a credit reporting agency that indicates a high level of risk (as determined in our sole discretion) associated with your use of Texas Easy Lien Services;
Use your Account or Texas Easy Lien Services in a manner that Texas Easy Lien reasonably believes to be an abuse of the legal or real estate system or a violation of local, state or federal law;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process, to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
ARTICLE 8. YOUR LIABILITY FOR USE OF TEXAS EASY LIEN
General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties, damages and other liability incurred by Texas Easy Lien, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your wrongful use of Texas Easy Lien Services. You agree to reimburse or pay to Texas Easy Lien, a User, or a third party any and all damages awarded against TEL or other users including our legal fees and expenses.
Actions by Texas Easy Lien - Restricted Activities.If Texas Easy Lien, in its sole discretion, believes that you may have engaged in any Restricted Activities, or have breached this agreement, we may take various actions to protect Texas Easy Lien, other Users or other third parties from liability. The actions we may take include, but are not limited to, the following:
- A.We may close, suspend, or limit your access to your Account or Texas Easy Lien Services (such as limiting access to any of your payment methods, and/or your ability to send or receive money, make withdrawals, or remove financial Information).
- B.We may refuse to provide Texas Easy Lien Services to you in the future;
- C.We may take legal action against you including, the institution of an arbitration or the filing of a lawsuit; and
- D.Texas Easy Lien, in its sole discretion, reserves the right to terminate this Agreement, block access to its website, or block access to Texas Easy Lien Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in your Account.
Actions by Texas Easy Lien - Court Orders or Other Legal Process.
Texas Easy Lien, in its sole discretion, may take various actions including placing a hold, reserve, or other limitation on your Account. Texas Easy Lien will give you notice of a hold, reserve, or limitation it takes to comply with a court order or other legal process, unless the court order or other process directs that Texas Easy Lien not provide you notice, in which case the court order or other process supersedes any notice obligation Texas Easy Lien has undertaken or agreed to under the terms of this Agreement. Texas Easy Lien has no obligation to contest or appeal from any such order or process. Holds, reserves, or limitations on your Account that are placed in response to a court order or other legal process may be maintained longer than 180 days if so ordered by a Court of competent jurisdiction. Texas Easy Lien will decide, in its sole discretion, the appropriate scope of a hold, reserve, and/or limitation to assure compliance with a court order or other legal process.TEL will not intervene in or pay your attorneys for any lawsuit in which you may become involved.
ARTICLE 9. DISPUTES WITH TEXAS EASY LIEN
A. You and Texas Easy Lien agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Article. Please read this Article carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
B. If a dispute arises between you and Texas Easy Lien or you have a complaint against TEL, our first goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral means of resolving the dispute quickly as provided below. Disputes between you and Texas Easy Lien regarding the Texas Easy Lien Services may be reported to Customer Service online or by calling ___________________ during regular business hours.
A. Agreement to Arbitrate. You and Texas Easy Lien each agree that any and all disputes or Claims that have arisen or may arise between you and Texas Easy Lien shall be resolved exclusively through final and binding arbitration with the American Arbitration Association rather than in court. The Texas Arbitration Act and the Federal Arbitration Act govern the interpretation and enforcement of this Agreement to Arbitrate.
A. YOU AND TEL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TEL AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TEL USERS. ANY RELIEF GRANTED BY THE ARBITRATOR MAY NOT EXCEED THE TERMS AND LIMITATIONS STATED IN THIS AGREEMENT.
ARTICLE 10. ARBITRATION PROCEDURES
A. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual as limited by this contract. An arbitrator also must follow the terms of this Contract as a court would. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
B. The arbitration shall be held in Travis County, Texas or at another mutually agreed upon location. If the value of the relief sought is $10,000 or less, you or Texas Easy Lien may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Texas Easy Lien subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Texas Easy Lien, unless the arbitrator requires otherwise.
C. The arbitrator will decide the substance of all facts and claims in accordance with the laws of the State of Texas and the terms of this Agreement, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Texas Easy Lien users, but is bound by rulings in prior arbitrations involving the same Texas Easy Lien user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
D. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less and, if you are financially unable to pay the fees for the arbitration and prove such inability, Texas Easy Lien will pay all filling, administration, and arbitrator fees associated with the arbitration if ordered to do so by the arbitrator. Any request for payment of fees by Texas Easy Lien should be submitted by mail to the AAA and TEL along with your Demand for Arbitration and any other affidavits or documents required by AAA. If AAA so directs, Texas Easy Lien will make arrangements to pay necessary fees directly to AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Texas Easy Lien will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Texas Easy Lien for all fees associated with the arbitration paid by Texas Easy Lien on your behalf that you otherwise would be obligated to pay under the AAA's rules.
F. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding, including arbitration, against Texas Easy Lien prior to the effective date of the change.
G. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Texas Easy Lien will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement or permitted by the Bankruptcy Court.
ARTICLE 11. INDEMNIFICATION
A. Indemnification YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TEXAS EASY LIEN, OUR PARENT, OUR AFFILIATES AND OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING ATTORNEYS’ FEES) MADE OR INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF TEXAS EASY LIEN SERVICES, AND/OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
B. Recoupment. If Texas Easy Lien pays out a claim on your behalf, due to inaccurate information you provided to TEL or due to your engagement in restricted activities or due to your improper use of TEL services and/or documentation (e.g., lien affidavit), you agree that Texas Easy Lien shall be entitled to recoup all such amounts from you.
C. Release of Texas Easy Lien. If you have a dispute with one or more Users,YOU RELEASE TEXAS EASY LIEN (AND OUR PARENT, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those Claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
ARTICLE 12. LIMITATION OF LIABILITY
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU ACTUALL PAID TO TEL FOR TEL’S SERVICES OR $250.00 WHICHEVER IS LESS.
YOU AGREE THAT YOUR SOLE RECOVERY FOR ANY DISPUTE WITH TEXAS EASY LIEN SHALL BE LIMITED TO THE AMOUNT OF FEES YOU ACTUALLY PAID TO TEXAS EASY LIEN FOR THE USE OF TEL SERVICES OR $250.00, WHICHEVER AMOUNT IS LESS.
ARTICLE 14. DISCLAIMER OF WARRANTIES
TEL SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TEL, OUR PARENT AND AFFILIATES AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF TEL, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Texas Easy Lien does not guarantee continuous, uninterrupted or secure access to any part of Texas Easy Lien Services, and operation of our site may be interfered with by numerous factors. Texas Easy Lien will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Texas Easy Lien makes no representations or warranties regarding the amount of time needed to complete processing because Texas Easy Lien Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
TEL GIVES NO WARRANTY AND MAKES NO REPRESENTATION THAT YOUR LIEN NOTICES AND/OR LIEN AFFIDAVITS ARE VALID OR WILL RESULT IN YOU GETTING PAID IN FULL OR IN PART.
ARTICLE 15. WAIVER OF RIGHT TO RECOVER CONSEQUENTIAL DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TEL, OUR PARENT, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE OR LIABLE, FOR ANY DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE TEL’S SITES AND SERVICES; (2) DELAYS OR DISRUPTIONS IN TEL’S SITES AND SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING TEL’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO TEL’S SITES OR SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN TEL’S SITES OR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (7) THE FILING OR OTHER USE OF TEL DOCUMENTS (LIEN AFFIDAVIT) AND ANY SUBSEQUENT LITIGATION THAT MIGHT OCCUR; (8) THE CORRECTNESS OR VALIDITY OF DOCUMENTS PREPARED OR PRODUCED BY TEL; OR (9) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS USER AGREEMENT OR TEL’S POLICIES. TEL RESERVES THE RIGHT TO MODIFY ITS POLICIES AND THIS USER AGREEMENT AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.
ARTICLE 16. MISCELLANEOUS
A. Binding Effect.This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
B. Waiver.TEL’s delay, waiver, or non-enforcement of any right will not be deemed a waiver of any other or subsequent breach by Customer.
C. Venue.Venue of any dispute, litigation, or arbitration filed by either party shall be located in Austin, Travis County, Texas.
D. Interpretation Of Contract.Any court or arbitrator called upon to construe the language used in this Contract shall not construe the language in favor of either party nor against any party.
E. Applicable Law. You agree to submit to the jurisdiction of the State of Texas and that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that arise out of or are related to Texas Easy Lien, except as otherwise stated in this Agreement.
F. Entire Agreement/SeverabilityThis Agreement, along with any applicable policies and agreements and notices on the Texas Easy Lien website, sets forth the entire understanding between you and Texas Easy Lien with respect to Texas Easy Lien Services. All warranties, disclaimers and limitation of liability provisions as well as any other terms which by their nature should survive, will survive the termination of this Agreement. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
G. Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
H. Waiver of Right to Recover Attorney’s Fees. Both parties waive their right to recover attorney fees from the other party for any and all disputes that arise out of or are related to the use of the Texas Easy Lien website and/or its services or this Agreement. All parties to any dispute that arises out of or is related to Texas Easy Lien shall be solely responsible for their own attorney’s fees including a party that prevails in a legal or arbitral proceeding against the other. Under no circumstance shall one party be allowed to recover their attorney fees from the other party for any reason and the parties expressly waive their rights under Chapter 38 of the Texas Civil Practices and Remedies Code.
I. No intended third-party beneficiaries.. There are no third parties that are intended to be beneficiaries of this Agreement.
J. Responsibility for Damages and Attorney’s Fees..You may be sued for your use of the documents prepared by, through or under the Texas Easy Lien website. You agree to be solely responsible for any and all money damages and/or attorney fees you may incur as a result of any legal actions taken against you or on your behalf that are related to the documents prepared by, through or under Texas Easy Lien
K. Notices..All notices to TEL shall be in writing and sent via certified mail – return receipt requested to:
Texas Easy Lien
611 West 14th Street
Austin, Texas 78701
END OF CONTRACT