Disclaimer and Terms & Conditions
We envision a world where no one in construction loses a night’s sleep over payment.
These are the parameters by which our platform can help:
What We Are:
Express Lien, Inc. dba Levelset (“we,” “Levelset,” or “Company”), is a software platform through which customers (“you,” or “Customer”) can exchange, collaborate on, create, and manage documents, information, and payment related to construction projects, construction financial management, and otherwise; rate, share, and obtain information on contractor payment practices, requirements, and behaviors; and provide and obtain expert help.
What We Aren’t:
- A law firm or attorneys providing legal advice. Our software and services are different than those that can be provided by an attorney, and we do not, and are specifically not allowed to, engage in the practice of law. This means that we cannot provide advice about possible legal rights, remedies, defenses, options, selection of forms, or strategies, or make any choices for you on your behalf.
- A traditional “lien and notice service” that functions in a purely manual and reactive manner.
- A company that perpetuates and enables construction payment processes in which the relative leverage of project participants determines payment risk and availability of helpful information.
- A California Legal Document Assistant. Levelset provides a software platform through which our users may prepare documents through merging information onto a document.
- A software platform that can operate effectively for you without your engagement. While oursoftware is powerful, and we provide may informational resources and ways for you to get help, your involvement is necessary for the software to function at its full potential.
How to Contact Us:
Our mailing address is: 1121 Josephine St., New Orleans, LA 70130
Our phone number is: (866) 720-5436
Our fax number is: (866) 293-3669
Our email address is: email@example.com
Use of Levelset In General:
At a Glance: You understand that Levelset is not a law firm and that you have responsibilities with respect to your use of Levelset and the documents you may order for processing. Levelset is not a law firm and cannot give legal advice, only a licensed attorney can do that. You also understand that in order to perform the services on your behalf, you need to allow Levelset to sign certain documents on your behalf, as directed by you, and appoint Levelset as an agent to do so.
Levelset provides legal information and a software platform for your own self-help. The information we provide and the content on our website is legal information, is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of documents for processing, or apply the law to the facts of your situation. Because we cannot provide legal advice or otherwise practice law, you agree and acknowledge that we will not do so, and that no attorney-client relationship will be created between us and you, or between you and any other party through your use of Levelset. This means that no attorney-client privilege exists with respect to communications made on or through Levelset, including on the Expert Center.
You have a responsibility to understand your situation, the applicable laws, and how those laws apply to you. If you need specific advice, it is your responsibility to obtain that advice from your own attorney. We, the Company, its directors, its shareholders, its employees, its officers, its writers, or its other agents or contractors (the “Company” or “Levelset”), are not responsible or liable for interpretation of laws, information presented or obtained through the use of our software or services, any reliance thereon or any action or inaction based on or arising from such information. Your use of the Company’s services, information and publications is AT YOUR OWN RISK.
The Company provides a software platform, and makes no warranties or representations regarding your legal right to file or send any document, or the effectiveness of any document chosen to be sent by you.
You specifically appoint the Company and its employees and agents as your agent and/or your company’s agentas your agent, for the specific limited purposes of signing applicable documents and facilitating the delivery of such documents for filing, as applicable. You agree that the Company and its employees and agentsare your limited disclosed agent for such purposes, and specifically indemnify the Company, as provided in these User Terms, in connection to the appointment.
When We Will Process Your Orders:
At a Glance: The Company will make every effort to process your document orders and place in a batch for mailing within five (5) business days normally, or within one (1) business day for “Rushed” orders. Once in the batch for mailing, the order will be mailed within 2 business days. The Company is not liable for damages arising from missing this time period. Meeting these time guidelines are dependent upon your cooperation with the Company.
Legal Stuff: Company will endeavor to place your ordered document in a batch for mailing through Company’s outsourced critical mail partner within five (5) business days of any placed orders, or if a rush charge is paid by you within one (1) business day of any placed order. Note, however, that while the Company will strive to meet these performance dates for all orders, the failure to meet these dates or the sending of a document after these dates have elapsed will not cause the Company to incur any liability therefrom. It is understood and specifically agreed that the sole fact that the document was not processed within the above time periods does not constitute commercial unreasonableness. Once your ordered document is placed in the batch for mailing, the document will be mailed within 2 business days, subject to the terms and conditions of Company’s critical mailing partner.
These performance dates are subject to your cooperation with the Company, which may require additional information or documentation to process your order, and which may delay the processing of your order. In all cases, the Company cannot guarantee that the recording office or receiving party will file or receive the document on presentation.
You understand that we cannot control other people. County recorder’s offices, process servers, mail carriers, and all other third parties are not controlled by us, and all may cause problems, delays, or inconveniences with respect to your documents or information. You also understand that documents may not be delivered or recorded for any reason, even reasons you (or we) don’t agree with, or for no reason at all. Because of this, you agree that we are not liable or otherwise responsible for any damages you or anybody else may suffer if your document is not delivered or recorded, not delivered or recorded timely, or refused by any party. If a document is rejected for recording upon the first presentation will be re-presented for recording one additional time at no charge to you, after you have either made modifications to the document at issue or inform us of your decision to not make such modifications, provided that you responded to all Scout Notifications and/or any other or additional requests for information from the Company.
Use of Scout Research Tool or Other Property or Project Information:
At a Glance: Levelset provides access to potential project and property information, and manual research at varying levels according to your plan. The information presented must be approved or not approved by you within certain time periods, so all information used on your documents is your information for which Levelset is not liable. You understand that the informational databases to which Levelset has access are not “live” and while rare, the information may be outdated or otherwise incorrect.
Legal Stuff: We have access to several informational databases both internal and external, from which information may be presented to you for specific approval or disapproval. Levelset may also, depending on your plan level, manually attempt to find property or project information via telephone or otherwise. All information presented to you is for your specific approval or disapproval. The informational databases are not “live” and, for that or other reasons the information contained in the databases and presented to you may be incorrect. Likewise, we cannot guarantee the veracity and relevance of information obtained through any manual processes. Any information presented to you, provided by you, approved by you either manually or automatically through preferences for use on your documents, or associated with your projects, whether used by you or not, is your information. This means that you understand and specifically agree that we, and any third party database used, are not liable with respect to the information provided, your reliance on the information, your use or non-use of the information, or any damages arising from or related to the information.
When you are provided information for specific approval or disapproval, it will be presented through an emailed “Scout Notification” if you set your preferences as “Contact Me” rather than setting your rules to apply automatically. These notifications expire after 48 hours when associated with orders other than rush or monthly notice orders, expire in 24 hours if associated with a rush order, and expire at 12:01 am central time on the system notice deadline day for monthly notices. If you do not respond prior to the expiration of the notice, the information is disregarded and only the information you originally provided is used with respect to your order. It is up to you to select all the information that appears on any document or information exchange, whether through manual review or through automated preferences.
Please note, however, that the use of Levelset’s Scout Research tool for determining potential project information is specifically limited to Levelset subscribers or to parties who have purchased Scout Research Services. Levelset users without access to the Scout Research tool, do not have access to any “research” notifications or Levelset’s Scout Research tool, and accordingly, any Notice orders placed by such users will be processed without the benefit of both “research” notifications and Levelset’s Scout Research tool.
At a Glance: The Company publishes a lot of content, and creates unique, proprietary, and useful tools, processes, algorithms, and methods of helping construction companies. The Company expends a lot of effort to do so, and expects that you will not take any of the Company’s things without getting approval to do so. If you do take our property without authorization, there are penalties for doing so.
Legal Stuff: For purposes of these User Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, compilations, databases and other material and services that can be viewed by users on our site. This includes message boards, chat, comments, and other original content.
Levelset is the exclusive online distribution channel for any content or information created and distributed by Levelset. This website is the only website authorized to display or otherwise use in any manner the information displayed hereon, and the information created by Levelset. This is a specific prohibition against “data scraping” for any use whatsoever to which you specifically agree. The use of automated systems or software to extract data from any Levelset web property, or extracting such data manually, “data scraping” is specifically prohibited unless the third party has a written licence agreement with Levelset in which permits it access to Levelset’s protected information, and in such case the use of any such information is directly governed by such written license agreement.
By accepting these User Terms, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the Company and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All content created by Company, including content created by Company as a compilation, appearing on or in the Company’s website, web application, printed materials, databases, or other publications, are subject to intellectual property laws and protections including, copyright, trade dress, trade mark, or service mark. All pages of Company’s web properties are marked with copyright or other intellectual property notice. Additionally, Company’s systems, processes, and methods are subject to protection as trade secrets, or, as applicable through patent.
Nothing in these User Terms grants you any right to use any trademark, service mark, copyright, logo, and/or the name of Levelset or its Affiliates in any way without obtaining the prior written approval of Company.
You hereby explicitly agree you will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the Company’s services, technology, products, code, etc. (collectively, “Reverse Engineering”) or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining information to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) you have first requested such information from the Company and the Company failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by you under this section is confidential information of the Company subject to the non-disclosure and confidentiality obligations to be determined with respect to the information obtained, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Company’s technology. Additionally, you specifically agree to not cause any other party to attempt to Reverse Engineer any of the Company’s services or products, whether you have a license to use the Company’s services or not. As the damages to the Company from the Reverse Engineering of the Company’s services or product would be substantial, you specifically agree that the Company may request and obtain immediate injunctive relief in addition to any other remedy in law or equity. You additionally explicitly agree to liquidated damages in the amount of $1,000,000 per product or service Reverse Engineered or attempted to be Reverse Engineered. You explicitly agree that this amount of liquidated damages is not intended to be, and does not, constitute a penalty; and is agreed by you and the Company to reflect the actual damage that would be suffered Company from any Reverse Engineering or attempted Reverse Engineering of its products, services, or other technology. For the purposes of this prohibition against Reverse Engineering, you specifically agree that source code, techniques, processes, algorithms, know-how or other information specifically related to services or products that appears to be substantially similar to Levelset’s, which was 1) created, developed, published or otherwise used after the substantially similar source code, techniques, processes, algorithms, know-how or other information was first developed by Levelset, and was 2) created, developed, published or otherwise used after you or any affiliated party had access, whether by creating an account with Levelest or through any means, to view or experience Levelset’s source code, techniques, processes, algorithms, know-how or other information specifically related to services or products, creates a rebuttable presumption that such content was impermissibly Reverse Engineered from Levelset.
At a Glance:Levelset publishes free forms that you can use as a resource for your own internal processing of documents, if you want, but you understand that such use is completely removed from Levelset support, processing, research, or information. The forms are provided as a resource only, and certain uses are not authorized. If you use the free forms commercially, you agree that such use would hurt Levelset, and agree to pay damages.
Legal Stuff: The company provides certain forms and documents on its website, available to the public at no cost (“Free Forms”). The use of the Free Forms is AT YOUR OWN RISK. The Company makes no guarantee as to the Free Forms’ content or to the Free Forms’ fitness for any purpose whatsoever. Further, the Company expressly makes no warranties, either express or implied, as to the Free Forms, including fitness for a particular purpose. The Free Forms are provided as a resource for personal use only. Any commercial use of the Free Forms is expressly prohibited. By using the Free Forms, you hereby agree to the following: 1) That the Free Forms are provided solely for personal use as a resource and/or template, 2) As a resource and/or template the Free Forms should not be mailed, filed, recorded, or otherwise used in any other manner related to a construction or other project; 3) The Free Forms may not be used in any commercial manner, including reselling, or otherwise distributing; 4) Because use of the Free Forms in the manner described in “2)” and/or “3)” previously, directly and detrimentally effects the business of the company, that such detrimental effect is difficult to measure – and that the expense and time consumed in a trial or arbitration is unnecessary and unwanted to determine same – you agree to liquidated damages in the amount of $15,000 per use disallowed use as described by “2)” and/or “3)” previously. You explicitly agree that this amount of liquidated damages is not intended to be, and does not, constitute a penalty; and is agreed by you and the Company to reflect the damage to the Company from any act prohibited by “2)” and “3)” above.
Privacy and Data Use:
At a Glance: We respect your privacy and confidential information, and comply with applicable privacy laws. We are not in the practice of selling your information. You agree that we can use information that is public (including project information), that does not specifically personally identify you, that is aggregated with other data, that we can or do get from other sources, that we “scrub,” or that is anonymous. You also agree that when information you provide is combined with our information, new information is created that we can use.
Legal Stuff: By providing information to the Company for the use of the Company’s Services, you hereby expressly authorize the Company to use the information pursuant to its published Privacy and Data Use Policy, the entirety of which is incorporated into these Terms as if reproduced in full herein.
Limitations on Liability, Disclaimer of Warranties, & Indemnification:
At a Glance: Levelset works diligently to make sure that the software, services, and information provided by and through Levelset meet high standards of excellence. We promise that Levelset will generally perform in a commercially reasonable manner. Other than that, you understand that your use of Levelset’s software and services are not guaranteed to be error free, and are generally provided “AS IS”. You also agree to defend and indemnify the Company if claims are made against the Company arising from your use of Levelset.
Legal Stuff: The Company does all it can to ensure that its services are accurately rendered, but error exists in all things, which you understand and acknowledge. The Company is not and shall not be responsible for any errors or omissions that occur in the course of performing services. THIS SITE IS PROVIDED TO THE CUSTOMER “AS IS.” To the fullest extent permissible, the Company disclaims all warranties, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose.
To be more specific, but without limiting anything to the following, the Company does not warrant (1) that the information provided on Company websites, during phone calls or in communications are error free, fact checked or up to date, (2) that documents ordered by you will be timely filed, served or mailed, in accordance with law, (3) that documents ordered by you will be error free, (4) that documents ordered by you will include any information other than that which is provided by you, (5) that the correct document will be filed, served or mailed, (6) that you will or may have the right to file a notice, lien, or other document offered by the Company, or (7) that you will be able to remedy errors in a timely fashion.
The limitations listed in this Section partially stem from the Company’s inability to access all the information about a project, your customers and the work that you perform. Thus, it is vital that you be proactive and take all efforts to collect as much data about your customers, their contracts with owners, project data and the dates of your service and the completion of the project. No amount of data collected by you, or made known to the Company, will in any way limit the disclaimers of warranties, limitations of liability, or any other clauses contained within these Terms and Conditions.
The Company, its agents, and its writers shall not be liable to a customer or any other person or entity for any damage that results from the use of, or the inability to use, the Company’s services, for reliance on the information contained in any of the Company’s websites, for any misrepresentations made by you, communications or other resources, or for any consequential, incidental, indirect, punitive, special or similar damages, even if advised of the possibility of such damages. You agree and acknowledge that your full and sole recovery shall be limited to the cost of the services provided to you by the Company, to the minimal extent possible to rescind the single transaction causing you damage or loss.
As the services provided by the Company include the entry of data, typographical or other errors or mistakes may occur. You explicitly understand, acknowledge and agree that in the event any error, omission, mistake, or any other incorrect entering of data by the Company, or its agents, causes you damage or prejudices you in any way, your full and sole recovery shall be limited to the cost of the services provided to you by the Company, to the minimal extent possible to rescind the single transaction causing you damage or loss.
You agree that the Company and its agents or assigns SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, LEGAL COSTS, LOST PROFITS, LOST COLLECTIONS, LOST OR ELAPSED RIGHTS, OR ANY OTHER LOST BENEFIT OR ADVANTAGE THAT IN ANY WAY IS DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE COMPANY’S SERVICES, INFORMATION, CONTENT, OR PERFORMANCE, REGARDLESS OF ANY NEGLIGENCE, WHETHER MINOR OR GROSS, on the part of the Company, its agents or assigns.
You have a duty to and agree to defend, indemnify and hold harmless the Company, its agents and assigns, from and against any and all liabilities of every nature, which arise from or are related to the Company’s performance of services on your behalf, including but not limited to (a) injury or death of any person; (b) damages to property; (c) defect in title or financing; (d) violation of any laws; (e) failure to pay recordation or other fees or taxes to any governing agency: (f) failure to pay contractors, employees, suppliers, or other parties to which it owes liability for anything related to Company’s services; (g) damages to other parties, contractors, subcontractors, or supplies; or (h) 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 you, your 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 Company’s services, in any manner.
Your obligations to indemnify, defend and hold harmless the Company survives any allegations or judgment which implicates that the Company or another party is partially, collectively, comparatively, or contributory negligent or responsible for any portion of the damages, up to and including the full extent of the your responsibility for liability explained herein.
The Company’s right to indemnification is an additional right and does not limit or exclude other remedies such that Company shall have any and all rights granted by this Agreement or law. Your duty to defend the Company and duty to indemnify and hold harmless the Company are separate and independent obligations, but cumulative, and the duty to defend arises immediately upon the Company being placed in a defensive position under any circumstance related win anyway to your use of Levelset’s software or services. Company shall be entitled to select its own legal counsel but you shall remain liable for the full cost of those fees and legal costs, which the Company is entitled to under this Section.
Information Provided to the Company:
At a Glance: You have responsibility with respect to the information you provide to the Company, whether by entering the information into Levelset directly, or by inference through your ordering of documents. You agree that you will provide correct information, and that if the Company is put into a defensive position because of the information you provide, accept, or choose, or because of the documents you order and send, the Company has certain rights, and you have certain obligations.
Legal Stuff: The Company is not responsible or liable for any misrepresentations made by you or your company. You agree that the Company’s software will prepare the ordered product based only on the information you submit to the Company, and you understand that the accuracy, completeness and/or reliability of this information is not guaranteed, checked, monitored or otherwise reviewed by the Company. At no time does the Company review submitted information for legal sufficiency or legal compliance. The information you provide will be used on your document, and any misrepresentations or false statements provided by you are solely your responsibility, for which the Company will not be liable.
Further, you specifically agree that the information provided by you is correct and factual to the full extent such information is or should be known to you, and that the information is otherwise appropriate for use. Use of the platform in a fraudulent manner, or otherwise providing information you know or should know is incorrect, is a violation of these Terms for which you shall be liable to the Company. Your liability for such use or providing such information extends to all damages suffered by the Company and related to the use and or information. You further specifically agree that, to the extent any document filed by you through the Company’s software is fraudulent, improper, based on incorrect facts, or otherwise must be released whether pursuant to a valid demand, court order, or otherwise, you will 1) release the document if it is a type that may be released; or, for all other documents 2) send a retraction letter. Related to the foregoing, you have a duty and obligation to the Company to respond to Company requests for information from you and/or statements related to your position in the event any document sent or filed by you through the use of the Company’s software or services is challenged or disputed in any way. If you do not respond to Company requests related to a disputed or challenged document, or if you attempt to not accept your duties to defend and indemnify the Company related in any way to your use of the Company’s software or services, you HEREBY EXPRESSLY AUTHORIZE THE COMPANY TO RELEASE, CANCEL, OR OTHERWISE RETRACT THE DOCUMENT AT ISSUE FOR YOU AS IF YOU HAD ORDERED OR REQUESTED THE RELEASE, CANCELLATION, OR RETRACTION YOURSELF.
Advertisers, Referrals, and Partnering Persons and Entities:
At a Glance: We work with other parties. We do not control these parties, and if you work with them, that work or use is governed by their own Terms or other agreements. Levelset provides an opportunity for you to get answers from attorneys through the Expert Center, and contact those attorneys outside of Levelset for additional assistance, but Levelset is not responsible for the information or services they provide.
Legal Stuff: The Company works with others in the lien law arena. Some of these professionals, persons and entities may advertise or partner with the Company to provide services to you. The Company shall not be responsible for (1) any and all information, advising, and opinions of these parties, (2) these parties’ failure to contact or communicate with you, and (3) these parties’ performance of duties on your behalf. You accept the risk of loss, damage or non-performance by any of these persons. While the Company tries its best to work with top-notch parties, it cannot control the actions of these professionals, persons or entities – so please proceed at your own caution.
By using the Company’s services, you are expressly agreeing that the Company shall not be responsible for (1) any and all information, advising, and opinions of these parties, (2) these parties’ failure to contact or communicate with you, and (3) these parties’ performance of duties on your behalf.
The Company is not responsible for evaluating, and the Company does not warrant the offering of, any of these affiliate individuals, businesses, or firms, the content of their web sites, or the effectiveness of any service provided by them. The Company does not assume any responsibility or liability for the content, product and actions of any and all third party affiliates. If you decide to use a third party affiliate service or products, you are responsible for reviewing and understanding the terms and conditions governing any third party affiliate services or products. By using any third party affiliate product or service you are expressly agreeing to be governed by the terms and conditions of those contractors’ services.
Again, you expressly accept the risk of loss, damage or non-performance by any of these persons. While the Company tries its best to work with reputable parties, it cannot control the actions of these professionals, persons or entities – so please proceed at your own caution.
Levelset provides the opportunity for you to get answers from attorneys through the Expert Center. However, Levelset SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
Attorney profiles on our website are advertisements and should be interpreted as such. We provide attorney listings as a free service, and Levelset does not investigate, verify or warrant the accuracy of the information contained in any attorney profile on our website. Attorneys participating in the Expert Center are independent, and are solely responsible for the information or advice they give, the services they provide, and the representations they make. Inclusion on the Expert Center, or a profile in attorney listings is not an endorsement or recommendation by Levelset. You are solely responsible for assessing the parties with whom you communicate regarding your legal needs.
Payments; Agent, Third-Party Terms
Legal Stuff: Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate on Levelset, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Levelset enabling payment processing services through Stripe, you agree to provide Levelset accurate and complete information about you and your business, and you authorize Levelset to share it and transaction information related to your use of the payment processing services provided by Stripe. Levelset serves as the limited authorized agent for the purpose of accepting payments on your behalf, and is responsible for transmitting such payments to you, and acceptance of these terms hereby appoints Levelset as your limited agent for the purpose of collecting payments on your behalf. To the extent that you choose to send payments through Levelset’s interface, Levelset serves as the limited authorized agent for the purpose of sending payments on your behalf, and is responsible for transmitting such payments to your customer, and acceptance of these terms hereby appoints Levelset as your limited agent for the purpose of sending these payments on your behalf. All Limitations on Liability, Disclaimer of Warranties, & Indemnification as set forth elsewhere in these Terms apply with respect to any actions undertaken on your behalf pursuant to this “Payments; Agent, Third-Party Terms” Section.
Community Conduct / Use of Communications Services:
At a Glance: You have responsibilities with respect to your conduct on the Company’s web properties, and agree to be responsible with and for what you post. We do not pre-screen content and are not responsible for the content posted by you or others. If we determine that you have not complied with this responsibility, we can remove the offending content and disable your use of the site. To the extent you publish any information on the public-facing aspects of Company’s web properties, you agree that we can use that information. Content posted by you or other parties is not Levelset’s opinion, and you accept full responsibility for what you post.
Legal Stuff: Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any “Communications Service” including, but not limited to, live chats, comment threads, blog posts, question and answer products, customer service communication forums, other message services, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. Any termination of your membership, account, or other affiliation with our site for violation of the above provisions will not result in any refund to you, and additionally, you hereby specifically agree that in the event your membership, account, or other affiliation with our site is terminated for violation of the above provisions you remain obligated for all amounts that would otherwise become due to the Company. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You alone are responsible for the content you publish or cause to be published, including ratings or reviews of contractors. Once you have published content or caused it to be published, it cannot always be withdrawn. You specifically assume all risks associated with the content you publish or cause to be published, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent and warrant to Levelset that you own or have the necessary permissions to use and authorize the use of the content you publish or cause to be published, and you represent and warrant to Levelset that the information contained within the content you publish or cause to be published is true.
Additionally, you hereby grant Levelset the right to use the content you publish or cause to be published by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and/or distributing it. To enable such use, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use the content you publish or cause to be published as above described or for any other lawful purpose. Please note that, to the extent that the content you publish or cause to be published is merged, added to, consumed by, or is in any way modified by Levelset’s content including the aggregation or anonymizing of your content it becomes solely Levelset’s content.
Consent to Receive Email:
At a Glance: You agree that we may send you emails, but you can unsubscribe if you wish.
Legal Stuff: You agree that you may receive email communications from Levelset, and such communication may include information about your specific documents or orders, newsletters, special offers, project information, contractor information, potential deadlines or document reminders, and account reminders and updates. You also understand that you can remove yourself from these communications by informing us that you wish to unsubscribe to emails.
Disputes with Levelset and Remedies:
At a Glance: Disputes with Levelset that can’t be resolved satisfactorily through mutual discussion will be resolved through arbitration with specific rules, occurring on an individual basis and in New Orleans, Louisiana.
Legal Stuff: Please read this carefully. It affects your rights.
Any dispute with the Company that is not otherwise satisfactorily resolved, must be resolved through arbitration, as set forth below. This also applies to any dispute initiated by the Company. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are expressly prohibited – neither you nor the Company shall be entitled to join or consolidate claims in arbitration. In the event a dispute is submitted to Arbitration, you and the Company shall split the costs of Arbitration, including the costs for the initiation of such Arbitration proceeding. The Arbitration shall be conducted in New Orleans/Metairie, Louisiana at Mediation Arbitration Professional Systems, Inc. (“maps“). The non-filing party shall furnish its one-half of the filing costs to the filing party or to the arbitrator, to be credited to the filing party, within ten (10) days after the non-filing party receives official notification of the proceedings from the arbitrator, or otherwise the filing party shall be entitled to recover liquidated damages of $200.00 per day until the amount is paid. Venue for any Arbitration proceeding hereunder shall be in New Orleans/Metairie, Louisiana; the Arbitration shall be conducted by a neutral or arbitrator based in New Orleans/Metairie, and the proceeding shall be governed by the Federal Arbitration Act. The following limited and specific exception applies to the foregoing clause mandating arbitration: 1) if the dispute between you and the Company arises from an alleged violation of intellectual property, suit may be filed in any Louisiana State court or federal district court in the Eastern District of Louisiana.
(a) The Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to the “Company”, “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements.
You agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website used in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail or email, a written Notice of Dispute (“Notice”) to the other party. A Notice to the Company shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at Express Lien, Inc. d/b/a Levelset, 9450 SW Gemini Dr #7790, Beaverton, Oregon 97008-7105 if by conventional mail. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, arbitration proceedings may be commenced by either party.
(c) The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages.
(d) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, except as needed for an appeal of the arbitration award for improper determinations of matters of law only.
(e) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
(f) It is the intent of you and the Company that any discovery pursuant to the arbitration proceeding be limited to that directly related to the issue being arbitrated to the fullest extent possible.
(g) It is the intent of you and the Company that the arbitration be completely concluded in 180 days or less from its initiation, to the fullest extent possible, and to the extent that each party is afforded a fair and reasonable arbitration and neither party’s rights are significantly negatively impacted by the imposition of this timeline.
Conducting the Arbitration
You agree that any and all of your owners, principals, employees, and agents agree to the jurisdiction of the Arbitration, when the claims made against them arise out of your use of the Company’s services. The Company agrees to moderate discovery procedures, including production of documentation, inspection of property, interrogatories not to exceed twenty-five, and requests for admissions not to exceed twenty-five, subject to paragraph (f) below. You, your owners, principals, employees, and agents agree to submit responses to any and all informal subpoena requests, which do not require the signature or execution before a court of law. Any and all arbitration proceedings shall be heard within one calendar day, not to exceed eight hours and the arbitrator’s award shall be returnable within no more than ten (10) days from the date of the hearing. Any award of the arbitrator shall be determined a final judgment once confirmed by the Civil District Court for the Parish of Orleans, State of Louisiana. You and the Company shall have the right to a single appeal to the Court of Appeals with jurisdiction over the arbitration award, to challenge an award for improper determinations of matters of law only. You or the Company shall have no further appellate rights. The ruling of the applicable Court of Appeals shall be the final resolution of all matters between the parties hereto.
Security and Password:
At a Glance: It’s your responsibility to keep your password and login information secure because you are responsible for all use using your password.
Legal Stuff: You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and orders, acts, or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
At a Glance: These Terms are controlled by Louisiana state laws.
Legal Stuff: These Terms will be controlled by Louisiana law except for its conflicts of laws principles.
Waiver, Severability, & Assignment:
At a Glance: If, for some reason, we do not enforce a particular part of these Terms they are still valid. If some particular part of the Terms is not valid, a valid term will be substituted, and the remainder of the Terms are not affected.
Legal Stuff: Levelset’s failure to enforce or decision not to enforce a provision at any particular time is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term reflecting our intent as closely as possible will be substituted for the unenforceable term. You may not assign any of your rights under these Terms, and any such attempt will be void. Levelset may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest.
At a Glance: We always post the most-current Terms on our website, and the version currently posted is the what controls our relationship. We will notify you if there is a material change to these Terms, but it is your obligation to understand the current Terms.
Legal Stuff: We may revise these Terms from time to time, and will always post the most current version on our website. Levelset will notify subscribers of any material changes to the Terms within a reasonable amount of time from such change.
By continuing to use or access the Services after any revisions come into effect, you agree to be bound by the revised Terms. If you do not wish to be bound by these Terms after a previous acceptance, please immediately discontinue use of the Company, as any transaction placed will be subject to these Terms as published.
North Carolina Addendum:
At a Glance: If you are a user based in North Carolina, different Terms apply.
Legal Stuff: North Carolina specific Terms addendum. To the extent required to comply with N.C. Gen. Stat. § 84‐2.2, the following Terms apply solely to project documents for projects in North Carolina. Note specifically that the forms, templates, or documents provided by the software and created by you are not a substitute for the advice or services of an attorney. The Company does not disclaim any warranties or liability and does not limit the recovery of damages or other remedies by the user to the extent required to comply with N.C. Gen. Stat. § 84‐2.2(5). Venue for the resolution of disputes between the Company and the user related to North Carolina product documents may be in Charlotte, North Carolina or New Orleans, Louisiana at the discretion of the user, other than the venue, the Arbitration Agreement set forth in the resolution process described in the Terms remains in effect.
At a Glance: We provide the ability for you to connect with and get information from attorneys through the Expert Center. These Terms apply to the use of the Expert Center to the same extent as the rest of Levelset’s web properties. No attorney-client relationship is created through the use of the Expert Center. Levelset does not bear responsibility for the information provided by Expert Center participants, and will not incur liability from your use of the Expert Center. If you are a participating attorney, it is solely your responsibility to comply with attorney advertising rules, rules of professional conduct, or any other rules or requirements that may apply to you.
Legal Stuff: The Expert Center does not replace specific in-person or telephone advice from a lawyer with whom you have an attorney-client relationship, and who may be more knowledgeable about the entirety of your situation. The Expert Center is intended for general informational purposes and should only be used as a primer or first step in addressing your legal situation. The Expert Center is not the provision of legal services, and accessing the Expert Center, or corresponding with or asking questions to a lawyer via the Expert Center, or otherwise using the Expert Center, does not create an attorney-client relationship between you and Express Lien, Inc., or you and any lawyer. You should not rely on the Expert Center over advice from a lawyer licensed to practice in the appropriate jurisdiction. You understand that questions and answers or other postings on the Expert Center are publically accessible and are not confidential and are not subject to attorney-client privilege.
It is solely the responsibility of the participating lawyers to ensure that any information or advertisements they post or place in the Expert Ceter, including but not limited to any posted answers fully complies with all applicable advertising laws and rules, and laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
While the Company strives to provide quality and useful information, and endeavors to allow participating attorneys to provide useful answers and other legal information, the Company cannot guarantee the applicability, completeness, correctness, or quality of the answers or other information provided. You specifically acknowledge that there are certain inherent limitations to the information provided by the attorney responses through the Expert Center, including, potentially, the accuracy, currency, or applicability of the response and that the responses, answers, or other information may be incomplete, incorrect, or may be based on opinion.
The Company DOES NOT SCREEN ANSWERS OR OTHER INFORMATION IN THE CONSTRUCTION LEGAL CENTER FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE FORUM OR ITS CONTENT, THE USE OF WHICH IS PROVIDED “AS IS.” THE COMPANY ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE LIMITATIONS ON LIABILITY AND ALL OTHER TERMS OR CONDITIONS FOUND IN THE TERMS ABOVE APPLY TO YOUR USE OF THE FORUM, AS IF CONTAINED VERBATIM HEREIN.
ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Levelset OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Levelset, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE ECPERT CENTER OR OTHER SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM
Assignments of Liens:
At a Glance: The Company may offer to purchase your lien for some amount of money up-front in exchange for you assigning the lien and right to recover thereon to us. Nothing requires you to sell the lien to Levelset if you do not want to, and nothing obligates Levelset to make any offer to purchase your lien.
Legal Stuff: The Company also may offer the purchase of and assignment of your lien rights. In some cases, you may determine that your lien rights are enforceable (or marginally so) but that you do not want to (a) expend the cost to pursue enforcement and/or (b) run the risk of non-payment or non-collection. In some of these instances, after proper review by a Company agent, the Company may elect to purchase, buy and assume assumption of your lien rights, lien documents, and security.
In the event that the Company elects to transact with you for the purchase of your lien and/or lien rights, you are obligated to execute the Company’s standard Assignment of Rights Agreement and comply with the terms and conditions thereon. You also agree to (1) provide the Company with any and all documents which it requests, (2) cooperate with the Company’s action to enforce these rights, and (3) refrain from excluding vital information which might have an effect on the claim. Please refer to your Assignment of Rights Agreement for the full extent of the terms of your transfer.
Deadline Calculation, Software & Widget:
At a Glance: The Company provides to you, as part of its software, a system that uses information you provide about a project to generate material, including deadlines and potentially relevant documents. The information generated by the system relies on the information provided, and the information is only for educational purposes and should be independently verified.
Legal Stuff: The Company also offers as part of its software a system whereby users input requested information about their construction project, and the system generates legal education material relevant to the project along with (i) potentially relevant forms; and (ii) potentially relevant deadlines for filing and delivering notices, liens, lawsuits, cancellations and similar instruments.
Levelset’s software does not engage in the practice of law. The summary of legal steps, the legal educational materials, and the calculated deadlines are rendered by the software for managerial and educational purposes only. The results of the software calculations are not to be relied upon in lieu of legal advice. You must independently verify the deadline calculations and legal educational materials provided with your legal counsel.
Further, the legal deadlines and requirements applicable to your project are complex, and change frequently by law, jurisprudence, mandate and otherwise. While the database may be useful for educational and managerial purposes, there are limitations to the ability of a database, unavoidable errors and typographical mistakes, and other problems.
The database and software is provided “AS IS” and are intended for use only by business executives, receivable managers, credit, legal and other business professionals familiar with the general administration and usage of lien law statutes and laws.
Terms & Conditions of Any Sale:
At a Glance: You agree to pay the applicable prices for the products or services you purchase as listed on the website, within a certain period of time. If you do not, Levelset has certain remedies. There may be additional fees that apply to some orders. Orders may be cancelled in limited circumstances prior to being processed by Levelset, but specific rules apply. Subscription plans and the amounts due for Licensing Fees may not be cancelled prior to the end of their stated Term.
Legal Stuff: The Company (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, services of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Services”) on the terms and conditions set forth in this Agreement. Buyer agrees to pay the Purchase Price of the Services as posted on this website. To the extent the Customer is a transactional customer, the total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Subscription users will be billed monthly, or pursuant to any specific agreement between the Customer and the Company. “Overages” or fees for non-notice orders for subscription customers are billed each month,or pursuant to any specific agreement between the Customer and the Company. Any portion of the Purchase Price 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 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. You understand and agree that your order or purchase will not be processed until payment on the order is made in full, to the extent, the order is for a transactional/Retail user.
Orders of Services may be canceled within 48 hours, if the document ordered has not yet been created, processed, or sent to a recorder or any other party. If an order is able to be cancelled, 50% of the Purchase Price will be refunded as Company credit only. If the order was “rushed,” the $95.00 rush fee will not be refunded, but 50% of the order’s underlying charge will be refunded as Company credit only, provided that the document has not yet been created, processed, or sent to any party. Company credit may be used to purchase products and/or services from the Company only. In the event your debt is paid by the debtor after ordering the Services from the Company, but before the Services order is processed, the Company will refund 100% of the Purchase Price. The Company retains the right to determine whether the refund will be made in Company credit, or in any other way. For all refund purposes, “processed” can mean, but is not limited to, any of the following: a document has been prepared, Levelset has performed research, or Levelset has responded to your order via telephone, email, live chat, or any other means. Monthly Licensing Fees are non-refundable.
Please note that certain products may have potential fees in excess of the stated base-line price. This may occur when additional filing fees will be incurred. For example, for Texas mechanics liens, Levelset users may attach up to 20 pages of Exhibits with no additional fee. Exhibits in excess of 20 pages will be charged on a per page basis at a rate set by the Company in an amount designed to defray the additional filing fees of such Exhibits. The Company will inform you of the additional fee prior to charging the fee or completing the Order, but payment of any additional fee required is required for the Company to process the special circumstance giving rise to the fee; i.e. to include more than 20 pages of Exhibits to a user’s lien claim.
Absent any specific clause in a Licensing and Use Contract or other subscription agreement between you and Company that is in direct contradiction of this sentence, subscription fees are non-refundable, and any subscription agreement is non-cancelable by you during any current term. Additionally, unless otherwise specifically noted in an agreement between you and the Company, all subscription agreements automatically renew upon the termination of the then-current term for renewal terms of the same duration unless written notice of non-renewal is provided by you at least 60 days prior to the termination of the then-current term. Any portion of the Licensing Fee 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 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Company shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements. Additionally, Levelset reserves the right to disable access to the software or cancel any services in the event any portion of the Licensing Fee is overdue.
Updated April 30, 2020