The following Terms and Conditions apply to all who use the TItan Lien Services services, website, forms, data, informational resources, emails, facsimile transmissions, verbal, telephonic, and any personal communications associated therewith:
Welcome to TItan Lien Services. TItan Lien Services is a premier legal document preparation service serving the construction community nationwide. TItan Lien Services seeks to prepare documents timely and professionally at the request of each user. TItan Lien Services, LLC (TITAN). TITAN DOES NOT PRACTICE LAW OR GIVE LEGAL ADVICE. TITAN is a legal document preparation service and is not a law firm and officers and/or employees of the TITAN do not act or offer attorney or lawyer services. No attorney-client relationship is formed via use of TITAN services. TITAN does not engage in the practice of law, giving legal advice, opinions, or recommendations concerning legal rights, remedies, defenses, options or strategies. As a legal document preparation service, TITAN provides user directed services. Users should contact an attorney for legal advice including the right to lien, enforcement of payments and correct documentation to file.
All services provided by TITAN are utilized with agreement, acknowledgment and understanding that under no circumstances will TITAN, its officers, members, employees or agents be responsible for (1) any information communicated via personnel or contained on or omitted from the website, (2) the interpretation of the lien or any statutes and laws, (3) any person’s reliance on or expectation about any such information, whether or not the information is accurate, (4) the consequences of any action, omission, failure to act, whether or not based upon information and/or communications provided by TITAN. Use of TITAN services, information and communications are utilized AT THE DIRECTION AND RISK OF THE CUSTOMER.
2. Appointment as Agent
Some services provided by TITAN require the signature of the customer. By utilizing and purchasing the services of TITAN, the user appoints TITAN and its members as its agent, solely for the purposes of signing and filing only the services purchased, and specifically indemnifies TITAN and its members, as provided in these Terms, in connection to the appointment.
3. Warranty Disclaimers
Document preparation and related services provided by TITAN are rendered with the utmost care with regard to accuracy. Even with the utmost care the possibility for human, mechanical or other means to have errors does exist and is acknowledged by the user. TITAN is not responsible for any error or omission associated with providing services. Furthermore, TITAN disclaims to the fullest extent permissible all warranties expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, TITAN does not warrant the accuracy, completeness, timeliness, performance or fitness for a particular purpose the provided services, information, communications and functionality, including: (1) all means of providing services (2) services ordered, (3) information provided by customer, (4) rights and requirements, and (5) remedies.
As a document preparation service, the services provided by TITAN are based on the information provided by the user and as such TITAN IS NOT responsible for the accuracy, completeness, reliability or any misrepresentation of the information provided by the user. TITAN does not verify information for legal sufficiency or provide legal conclusions, advice or application of law. All document requests that lack (1) complete project address, or (2) complete customer information, or (3) at least five working days until pre-lien expiration date, are subject to cancellation. TITAN, at its sole discretion, may attempt to complete such a pre-lien subject to late or incomplete surcharges AND IN ALL CASES WILL NOT BE HELD LIABLE FOR THE CONTENT THEREOF OR THE TIME FRAME IN WHICH IT WAS SENT OUT. Document requests submitted by noon on a normal workday may be received and processed by TITAN on the following day. It is the responsibility of the user to review each confirmation for accuracy and notify TITAN immediately of any discrepancies. TITAN will not be held liable for missing documents in which the user is unable to produce a “Confirmation and Verification Report” listing the document (or documents) in question. Reports generated by customer’s fax machine, email read receipts, or user side web generated reports WILL NOT be accepted.
If a user elects to file a lien or bond claim or stop notice without utilizing the services of TITAN, ALL INFORMATION ON THE ORIGINATING PRE-LIEN NOTICE MUST BE RE-VERIFIED. The possibility exists that information has changed since the original pre-lien was prepared and warrants this additional step IN ALL CASES. If a user elects to have TITAN prepare and file a lien, re-verification will automatically be done by TITAN. In addition, it is the user’s responsibility to monitor associated lien time frames, allotting TITAN ample time for re-verification and preparation.
TITAN assumes no responsibility for the errors and omissions of third party sources, changes in ownership of property that first appeared after the document preparation has taken place or by any and all public records sources including title companies, recorders offices, assessor’s offices, building permits, planning and zoning, etc., that do not keep their records up to date. In addition, TITAN assumes no responsibility for errors, quality of service, or lack of record by the United States Postal Service and other document/mail delivery carries.
TITAN will verify as much information as possible in the preparation of all documents and may require additional information from the user to complete document preparation. TITAN at its sole discretion may choose to cancel a requested service in which the user or critical parties do not respond to requests for additional information.
4. Limitations of Liability
TITAN, its officers, its members and employees shall not be liable to a user or any other person or entity for any damage that results from the use of, or the inability to use, services provided by TITAN, or for any consequential, incidental, indirect, punitive, special or similar damages, even if advised of the possibility of such damages. TITAN 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, including but not limited to technical inaccuracies and typographical errors on any document, failure to file any document on time, failure to properly file a document, the unavailability of services or any portion thereof or any use of any equipment or software in connection with TITAN. In no event shall TITAN be responsible for any damages in excess of the fee paid by the user.
The user agrees to defend and hold harmless, TITAN, its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author or their firm, or assigns of TITAN 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 TITAN, its affiliates, any officer, director, employee, subcontractor, agent, successor, editor, contributing author, their firm or assigns.
The user agrees and covenants to indemnify, defend, and hold TITAN, its agents, assigns, representatives, officers and/or affiliates, harmless from any and all claims, counterclaims, cross claims and/or liability that may arise due to the use of services of TITAN, including but not limited to (1) injury or death of any person; (2) damages to property; (3) defect in title or financing; (4) violation of any laws; (5) failure to pay recordation or other fees or taxes to any governing agency: (6) failure to pay contractors, employees, suppliers, or other parties to which it owes liability for anything related to services of TITAN; (7) damages to other parties, contractors, subcontractors, or supplies; (8) delay, financing, rental, or clouded title damages, all of which is including, without limitation, consequential, incidental and special damages, costs, claims, penalties, fines, forfeitures, causes of action, or suits and the costs and expenses incident thereto, including costs of defense, negotiation, preparation, settlement and reasonable attorneys’ fees, which user, user’s client or any other party, may incur, suffer, or be responsible for, which is caused by, arise out of, or are related to the performance of the services of TITAN in any manner; or (9) the preparation or filing of any document prepared by TITAN based upon information provided by the user, any document filed by TITAN on behalf of the user, any document in an arbitration proceeding filed on behalf of the user or generally in any respect whatsoever.
If any claim, or claims, arise(s) out of any issue relating to use of services of TITAN, or any litigation is commenced, the user agrees to defend TITAN to pay all fees and costs, including reasonable attorney’s fees, with TITAN having the right to counsel of its choice, incurred by the user in its defense of such claims in any legal proceeding. The user shall immediately reimburse TITAN upon demand, for any payment made by the TITAN at any time, based on the judgment of any court of competent jurisdiction or pursuant to a bona fide compromise or settlement of claims, demands, or actions, with respect to any damages to which the foregoing indemnity relates. TITAN shall give user prompt written notice, via regular and certified mail, of any litigation threatened or instituted against TITAN that might constitute the basis of a claim for indemnity by TITAN against the user. Furthermore, user agrees not to join TITAN in any lawsuit between any parties, recognizing that its sole remedy is set forth in the terms and conditions agreed upon relating to arbitration. Should user initiate a lawsuit against TITAN, user agrees to pay the attorneys fees incurred by TITAN should TITAN be the prevailing party.
6. Terms and Conditions
User agrees to pay the posted price of the services ordered. The total amount of the services ordered shall be payable in full by user according to the payment due date stated at checkout. TItan Lien Services will appear on your credit card billing statement for all charges made. Any portion of the purchases of user unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1.50%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, TITAN has the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from user the costs of collection, including attorney fees, legal fees and costs and disbursements. User understands and agrees that purchases and continuing services will not be processed until payments are timely and account is in good standing. No proof of service or affidavits will be issued on past due accounts until the entire account balance is paid in full. If purchases of services are canceled within 48 hours, 50% of the purchase price will be refunded. If the order was “rushed,” the rush fee will not be refunded. Bad check fees will be charged back to the account of the user. Users who continually write bad checks will be put on a C.O.D. status. TITAN reserves the right to refuse to work with users who do not adhere to the terms and conditions above stated.
7. Intellectual Property
This website and associated forms of service and informational databases, are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. TITAN retains all rights in this Site and the materials herein, including (without limitation) all copyright and other proprietary rights worldwide in all media. Neither person(s) or entity(s) may not publish, broadcast, sell, or otherwise redistribute these materials for commercial purposes. TITAN may impose limits on certain features and services or restrict access to parts or all of services without notice or liability. Offered services and these Terms and Conditions may be changed by TITAN without notice. Continued usage of services following any change constitutes acceptance by the user of the change. Any unauthorized use of information, forms or materials utilized in services provided by TITAN may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All disputes, claims, complaints and causes of action (collectively referred to herein as “Disputes”) arising out of or in any way relating to these Terms and Conditions, the Customer Agreement, the utilization of TITAN services including this web site, the filing of any document by TITAN and its members on behalf of the user, or the information and forms contained herein shall be resolved in following mandatory and exclusive procedure:
No legal action may be brought or maintained except as provided herein. User disputes shall first be presented in writing to TITAN accompanied by a detailed explanation of the claim 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, TITAN shall render a final and binding decision (herein the “Final Decision”) in writing with respect to the user dispute. This Final Decision shall be final and binding for all purposes on TITAN and the user unless, within twenty (20) days of the date of the Final Decision, the user notifies TITAN in writing of any objection to the Final Decision. If objection is timely made and received, the user shall submit the dispute to binding arbitration within ninety (90) days of the date of Final Decision. The user’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. An 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 Arizona, and any hearing in connection with the arbitration shall take place in Maricopa County, Arizona. The parties agree that the dispute must be decided in strict accordance with these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, U.S.A., as they apply to agreements made and performed therein.
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 void 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.
Notices by TITAN to users shall be in writing and shall be delivered either via email or conventional mail. Notices to TITAN must be sent to the attention of Support Services at firstname.lastname@example.org if by email, or at Titan Lien Services, 7702 E Doubletree Ranch Road, Suite 100, Scottsdale, AZ 85258 if by conventional mail. Notices to user may be sent to the address supplied by user as part of profile data. In addition, TITAN may broadcast notices or messages through the site to inform users of changes to the site and/or services or other matters of importance, and such broadcasts shall constitute notice to users at the time of sending.
12. All Terms Apply and Entire Agreement
While the User Terms are separated by heading, they are intended to be read as a whole and not in parts. Accordingly, each section of the User Terms applies to and is effective with the other. These User Terms constitute the entire agreement and understanding between user and TITAN.