Disclaimer

LUMBERMEN'S LLC, a Florida LLC (the "Company"), is in the business of providing electronic recording services to customers in connection with the filing or recording of certain legal documents in various county recorder's offices located in various jurisdictions in the United States. 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 electronic filing or recording services (the "Services") provided by the Company are provided pursuant to the following terms and conditions:

The customer is solely responsible for submitting documents to be filed or recorded electronically in such file format as may from time to time be required by the jurisdiction in which such document is to be filed or recorded. 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 RECORDING OR FILING AS FROM TIME TO TIME REQUIRED BY APPLICABLE LAW.

The Company's sole responsibility with respect to any document submitted to it for electronic filing or recording shall be to use reasonable care to electronically submit such document, either directly or through one or more third party intermediaries, for electronic filing or recording in 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 or recording of a document is available only during the applicable filing office's regular working hours on those days on which such filing 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 FILING OFFICE IS NOT OPEN FOR BUSINESS, WILL BE SUBMITTED FOR FILING ON THE NEXT BUSINESS DAY.

The customer acknowledges that filing offices may change the amount of fees charged without notice, and the customer authorizes the Company to charge the current amount of all filing or recording fees without prior notice to the Customer.

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.

UNLESS CAUSED SOLELY BY THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE FOR THE TIME OF RECORDING OF ANY DOCUMENT OR FOR THE PRIORITY OF ANY LIEN OR OTHER RIGHT ARISING THEREFROM.

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 DOCUMENT IS SUBMITTED FOR FILING OR RECORDING.

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 of Use contain the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior written or oral agreements, understandings, or arrangements.

If for any reason any portion of these Terms of Use shall be held invalid or unenforceable, the same shall not affect any other portion hereof, and the remaining portions hereof shall remain in full force and effect.

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Florida, without regard to the choice of law principles of the State of Florida or of any other jurisdiction.

THE CUSTOMER AGREES THAT ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY TRANSACTION CONTEMPLATED HEREBY, SHALL BE INSTITUTED SOLELY IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF FLORIDA, OR ANY COURT OF THE STATE OF FLORIDA LOCATED IN BROWARD COUNTY, AND THE CUSTOMER IRREVOCABLY SUBMITS AND CONSENTS TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION OR VENUE THAT IT MAY HAVE UNDER THE LAWS OF THE STATE OF FLORIDA OR OTHERWISE.

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.