Welcome to the LienLog, LLC (“LienLog”) Web site located at <www.lienlog.com> (“Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.
WHILE THIS SITE PROVIDES AN INTERACTIVE TOOL THAT WE HOPE WILL BE USEFUL AND INFORMATIVE, IT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL, TAX OR INVESTMENT ADVICE, AND LIENLOG IN NO WAY REPRESENTS OR WARRANTS THAT THE SITE PROVIDES ANY SUCH ADVICE OR ASSURANCES.
1. Software. Any software, applications, downloads, upgrades, documentation, service packages, material, information, or services available on or through this Site (collectively, the “Software”) is governed by the terms of the applicable End User License Agreement, services, or other agreement(s) which you may be required to executed with LienLog or its affiliates from time to time (each, an “Agreement”; collectively, the “Agreements”)). You may not access, view, or use any Software unless you first agree and are legally bound by terms of the applicable Agreement. The Software is made available solely for use in accordance with the terms of its corresponding Agreement. Without limiting the terms of any applicable Agreement, any Software made available to you through the Site is the copyrighted work of LienLog and/or third parties. Copying, distributing or carrying out any of the unauthorized activities set forth in Section 5 of this Agreement in respect of the Software is expressly prohibited.
2. Registration. In order to access certain content, Software, services, products or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and will then be asked to select a user name and password. You may be required, depending on the nature of the Software or services you wish to receive from LienLog, to provide LienLog with certain information about yourself including some types of personally identifying information such as your email and your location, as well as certain financial information that will be maintained by LienLog in the manner described hereunder (collectively, the “Registration Information”). If you choose not to provide LienLog with certain mandatory information in connection with your registration, you may be prevented from establishing an account and/or receiving certain Services through the Site. LienLog will not disclose your Registration Information to any third party unless it is required to do so to comply with applicable law.
3. Privacy Standards. In addition to the provisions set forth in Section 2 above, certain other information you provide to LienLog will be kept strictly confidential at all times, such as your social security number, credit card and/or banking information and will not be disclosed to any third party, subject to the terms and conditions herein. Other information that is maintained and stored in your account (e.g., information relating to tax lien transactions), however, may be kept confidential or may be shared with other users on the Site and/or third parties through a read-only hyperlink that is disseminated by you. LienLog will not disseminate this information unless you expressly request in writing (email sufficient) that it does so. You will have the ability to set and change the privacy levels for this content and information, as you determine appropriate. Regardless of the foregoing, you are fully responsible for your account and the information therein at all times, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at firstname.lastname@example.org.
4. Proprietary Rights. As between any user and LienLog, LienLog owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, Software and Software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and LienLog, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to LienLog or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
5. Payment. Some services or products on the Site (such as Software) are available for purchase. By registering for such services from LienLog or purchasing products on the Site, you represent, warrant and acknowledge that: (i) you are eighteen (18) years of age or older, (ii) you are responsible for all charges incurred under your account, whether made by you or another person using your account, (iii) if for any reason LienLog does not receive payment for a purchase, LienLog may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms or any applicable Agreement. You are also responsible for paying any governmental taxes imposed in connection with use of the Site and Software, including sales, use or excise taxes (excluding any taxes on LienLog’s net income). To the extent that LienLog is obligated to collect such taxes, the applicable tax will be added to your billing account. All fees payable to LienLog are non-refundable.
6. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with LienLog; (c) uploading, posting, hosting, or transmitting unsolicited email, SMS, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking, hacking or harassing anyone or any other party’s account; (f) posting non-local or otherwise irrelevant User Content (as defined below) or otherwise imposing an unreasonable or excessively great amount of User Content on the Site; or (g) attempting to gain unauthorized access to LienLog’s computer system and/or any other user’s account and confidential information, or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from LienLog. You may not frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or Site Materials without LienLog’s prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to LienLog and that in the event of such unauthorized use, LienLog shall be entitled to an injunction in addition to any other remedies available at law or in equity.
7. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, ratings, postings, and other materials and information for access, use, analysis and commentary by other users to the Site (“User Content”). Failure to comply with these Terms, or with any of LienLog’s published policies, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content via the Site, you grant LienLog a worldwide, perpetual, irrevocable, transferable, limited right and license to access, use, distribute and display such the User Content, all without any compensation to you whatsoever. LienLog will only disclose such User Content as is expressly permitted hereunder (and/or in the LienLog Privacy Statement referenced in Section 9 below) or as you may expressly authorize in writing (email sufficient). Your disclosure, dissemination and distribution of any User Content on the Site shall not equate to or constitute LienLog’s disclosure of the same, and you assume responsibility therefor. The foregoing notwithstanding, LienLog hereby reserves the right to disclose user content and information from amongst all of its users; provided, however, that such content and information is, in all cases, in the aggregate, anonymous and cannot be used to identify any specific user(s). Solely for clarification purposes, any materials and information disclosed by LienLog will not, unless expressly requested by the applicable user in writing, reveal a user’s specific holdings or positions, indexes, reports, predictive models, and benchmark/normative databases and the like. If you believe that any User Content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 18 of these Terms.
8. Third Party Web Sites and Content. Besides LienLog, other parties may provide, promote or market products, services, data or content on the Site, subject to LienLog’s prior authorization. Accordingly, the Site may contain links to other Internet Web sites for the convenience of users in locating information about these products or services. Your use of these links and your decision to visit any of these other sites is entirely at your own risk. LienLog does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website will be subject to the terms and conditions of such other websites, and not these Terms. LienLog does not endorse any product, service, or treatment provided on a third party website or advertised on the Site. Site Materials and/or other materials contained in links from the Site may be dated as of the date originally issued or indicated on the material, and in some cases may no longer be accurate. LienLog assumes no obligation to update such materials.
9. Privacy Statement. Any personal information that you provide to LienLog on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to LienLog via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. You may contact LienLog by regular mail at P.O. Box 1237 Fort Lee, NJ 07024 or by phone at (201) 592-6300 if you have any questions regarding our privacy practices.
10. Digital Millennium Copyright Notice. If you are a copyright owner or an agent thereof and believe that any User Content and/or Site Materials infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the LienLog Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
§ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
§ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
§ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
§ Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
§ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
§ A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LienLog’s designated Copyright Agent to receive notifications of claimed infringement is _____________, email: email@example.com, fax: (201) 849 - 5393. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
§ Your physical or electronic signature;
§ Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
§ A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
§ Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in NJ, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, LienLog may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LienLog’s sole discretion.
11. Electronic Communications. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Promotions. The Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
13. Disclaimer. LienLog, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, Software, products, data, services, links, advertisements or other items contained within the Site. LienLog reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. LienLog cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, including information posted to the marketplace or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, SOFTWARE, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. LienLog AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
14. Liability. LIENLOG AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR LIENLOG HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. BY ACCESSING OR USING THE THE SITE, YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF LIENLOG AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, SOFTWARE, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF LIENLOG AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel LienLog has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
15. Indemnification. You shall indemnify LienLog and its directors, officers, employees, agents, contractors and licensors (“LienLog Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with your use of the Site, your fraud, violation of law, negligence, willful misconduct, the User Content, or any breach by you of these Terms, and you shall indemnify and hold LienLog Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of LienLog. LienLog or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If LienLog or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to LienLog, subject to the right of LienLog to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
16. Internet Security. LienLog uses commercially reasonable efforts to ensure that the Site is generally available and the materials therein are secure. For example, LienLog employs commercially reasonable efforts to be PCI-DSS compliant, and it uses encryption, redundant and back-up hosting technology and infrastructure to provide its users with a reasonably safe and reliable offering. However, there will be occasions when access to the Site will be interrupted or unavailable, and the Site may be subject to security breaches. LienLog will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension, discontinuance or unauthorized entry of or to the Site. You understand that, notwithstanding the foregoing, the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to LienLog via the Site or the Internet, including, for example, personal information such as your name or address.
17. Online Data Transfer. You may have the option to transfer your data files from the Site in order to facilitate certain interoperability, data integration, and data access between the Site and certain supported ancillary services (the "Ancillary Services") you may sign up for and use in connection with the Site, the Software and the other features therein (the "Online Data Transfer"). Separate fees may apply. In order for you to select the Online Data Transfer option, you must (i) have registered for select versions of the Software, (ii) have Internet access, and (iii) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to LienLog’s servers (the "Transferred Files"); where you grant Intuit the right and license to (i) host and maintain the Transferred Files and (ii) use the Transferred Files to make the Ancillary Services available to you, (iii) reformat and manipulate the Transferred Files as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain within LienLog’s system. If you are signed-up for any Ancillary Services that support Online Data Transfer, you will then have the option to have the Transferred Files sent to any of those supported Ancillary Services (a "Data Transfer"). If you are no longer signed-up for an Ancillary Service, you will no longer be able to process Online Data Transfers to that Ancillary Service. In addition, if you authorize an Online Data Transfer for a third party Ancillary Service, you authorize LienLog to provide the Transferred Files to the third party provider of such Ancillary Service in order to provide the Ancillary Service to you. You agree and acknowledge that LienLog has no control over any third party Ancillary Services. Your use of the Ancillary Service may be subject to additional terms and conditions. LienLog does not have any liability whatsoever for any actions or inactions on the part of the Ancillary Services resulting in your inability to use the Online Data Transfer feature or otherwise use the Ancillary Services in connection with the Site.
18. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to LienLog at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
19. Changes to these Terms; Termination. LienLog reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. LienLog may suspend or terminate your account and/or your ability to use the Site or any services on the Site for failure to comply with these Terms, for providing LienLog with untrue or inaccurate information about yourself, for infringement upon LienLog proprietary rights, or for any other reason whatsoever or for no reason.
20. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and LienLog with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York City, New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
21. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, LienLog makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of LienLog to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Any ambiguities or inconsistencies between or among these Terms, any Agreement and any other agreement between the parties shall be resolved by giving precedence to any applicable Agreement, then to these Terms, then to any other agreements between the parties. Silence on any matter in a higher order document does not negate the provision in a lower order document as to that matter.
22. Trading Risks. Please consider the following points before engaging in the purchase, sale or trading of any tax liens whether through the Site or otherwise: (i) the purchase of tax liens for investment purposes is generally not appropriate for a person or entity with limited resources and limited investment or trading experience and low risk tolerance; (ii) the purchase and sale of tax liens requires some degree of in-depth knowledge and familiarity with liens in general, and tax liens more specifically; and (iii) in attempting to profit through the purchase and sale of tax liens, you should have, in advance, appropriate and applicable experience and knowledge of these instruments and the manner by which they function.
23. Over-the-Counter Brokerage. By accepting this agreement, users also agree to accept the Over-the-Counter Brokerage Agreement.
Last Updated: March 13, 2013