LUMBERMEN’S LLC, a Florida LLC (the “Company”), is in the business of providing credit reporting services to customers in connection with applying for a Contractors License. The Company is not an agency or instrumentality of any federal, state, or local government. The Company’s principal place of business is located at 4520 NE 18 Avenue, 4th Floor, Fort Lauderdale, FL 33334.
The credit reporting services (the “Services”) provided by the Company are provided pursuant to the following terms and conditions:
- ·The customer is solely responsible for submitting the information for a contractor’s license to be required by the jurisdiction in which the applicant is applying for a license. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR (A) THE FAILURE OF ANY DOCUMENT TO CONFORM TO THE APPLICABLE ELECTRONIC FILING OR RECORDING REQUIREMENTS IN EFFECT FROM TIME TO TIME, (B) THE CONTENTS OF ANY SUCH DOCUMENT OR ANY ERROR OR OMISSION IN ANY SUCH DOCUMENT, OR (C) THE FAILURE OF ANY SUCH DOCUMENT TO OTHERWISE BE IN PROPER FORM FOR FILING AS FROM TIME TO TIME REQUIRED BY APPLICABLE LAW.
- ·The Company’s sole responsibility with respect to any credit reports shall be to use reasonable care to electronically submit such document, either directly or indirectly to such jurisdiction as the customer designates when placing its order with the Company.
- ·The customer is responsible for all disbursements made by the Company for the filing or recording of a document and for all fees charged by the Company for the Services, as well as for any applicable sales, use, excise, or similar taxes relating to the Services imposed by any jurisdiction. All such disbursements, fees, and taxes are payable by the customer at the time it places its order with the Company, and are payable only by an ACH, Visa, Mastercard, Discover, or American Express. All credit card information provided to the Company by a customer will be used by the Company solely for the purpose of processing payment. The customer is responsible for the payment of all disbursements, fees, and taxes billed to its username and password, unless billed by the Company in error.
- ·The customer acknowledges that the electronic filing of a credit report is available only during the applicable office’s regular working hours on those days on which such office is open for business. DOCUMENTS RECEIVED BY THE COMPANY AFTER 2:00 PM EASTERN TIME, OR RECEIVED BY THE COMPANY ON ANY DAY ON WHICH THE APPLICABLE OFFICE IS NOT OPEN FOR BUSINESS, WILL BE SUBMITTED FOR FILING ON THE NEXT BUSINESS DAY.
The Services provided by the Company are subject to all of the following additional qualifications, limitations, and disclaimers:
- ·The Company is not a law firm and cannot and does not offer legal or other professional advice to its customers. THE CUSTOMER ACKNOWLEDGES THAT IT HAS USED OR HAS HAD THE OPPORTUNITY TO USE THE SERVICES OF LEGAL COUNSEL OF ITS OWN CHOOSING IN CONNECTION WITH THE PREPARATION OF ANY DOCUMENT SUBMITTED BY IT TO THE COMPANY FOR FILING. THE CUSTOMER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATE FILING OFFICE FOR THE FILING OR RECORDING OF ANY DOCUMENT SUBMITTED BY IT TO THE COMPANY.
- ·The Company warrants only that the Services will be provided in accordance with industry practice. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF COMPANY, AND THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SERVICES.
The Customer agrees to hold Lumbermen’s, LLC and all their agents harmless on account of any expense or damage arising or resulting from the publishing or other disclosure on any credit report. Recognizing that information is secured by and through fallible means, the customer agrees to release Lumbermen’s, LLC and their agents from liability for any negligence in connection with the preparation of any Credit Reports and from any expense suffered resulting from the Credit Report. The customer authorizes Lumbermen’s, LLC to obtain the customers own personal credit report to be used only in conjunction to send it to the proper Licensing Board to obtain a Contractors License.
- ·EXCEPT FOR THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY’S ENTIRE LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE COMPANY, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO EITHER (B) RE-PERFORMANCE OF THE SERVICES BY THE COMPANY, OR (B) REFUND OF THE FEES RELATED THERETO.
- ·IN THE CASE OF THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY’S LIABILITY SHALL NOT EXCEED THE SUM OF $100.
- ·IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CUSTOMER UNDER CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR FOR LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
- ·IN NO EVENT SHALL THE COMPANY BE LIABLE TO A CUSTOMER FOR ANY INTERRUPTION OR FAILURE OF ANY TELEPHONE OR OTHER COMMUNICATIONS SYSTEM OR COMPUTER NETWORK, WHETHER OR NOT SUCH FAILURE IS FORESEEABLE AND WHETHER OR NOT SUCH TELEPHONE OR OTHER COMMUNICATIONS SYSTEM OR COMPUTER NETWORK IS UNDER THE CONTROL OF THE COMPANY.
- ·IN NO EVENT SHALL THE COMPANY BE LIABLE TO A CUSTOMER FOR ANY ERROR OR OMISSION ON THE PART OF ANY GOVERNMENT AGENCY TO WHICH A CREDIT REPORT IS SUBMITTED FOR A LICENSE.
- ·THE COMPANY PROVIDES CERTAIN PUBLIC INFORMATION ON ITS WEBSITE AS A CONVENIENCE TO ITS CUSTOMERS. THE COMPANY USES COMMERCIALLY REASONABLE EFFORTS TO KEEP SUCH PUBLIC INFORMATION UP-TO-DATE, BUT SUCH INFORMATION CAN CHANGE FREQUENTLY AND WITHOUT NOTICE, AND THE COMPANY DOES NOT WARRANT THAT SUCH INFORMATION IS CURRENT OR IS OTHERWISE FREE FROM ERRORS OR OMISSIONS.
The Services provided by the Company are subject to all of the following additional terms:
- ·THESE TERMS OR USE SHALL NOT BE DEEMED TO HAVE BEEN ALTERED OR AMENDED BY ANY COURSE OF DEALING BETWEEN THE PARTIES.
- ·Any claim or cause of action which the Customer may have against the Company shall be brought, if at all, within one (1) year following the date on which the Customer ordered the Services which are the subject of such claim or cause of action.
- ·THE CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT AGAINST THE COMPANY BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION BY THE CUSTOMER IN ITS USE OF THE SERVICES.
- ·The Company shall not be responsible for any delay or failure with respect to its performance of the Services if due to or arising from any fire, labor dispute, accident, government act, act of God, or any other event beyond its control.