PLEASE READ THIS AGREEMENT CAREFULLY.

We, Moxxe Software Corporation representing PropertyShield.com ("PropertyShield"), are willing to grant you, the subscriber, access to our online lien service (the "Service") on condition that you accept all of the terms of this agreement (the "Agreement").

By signing your name in the box below, you acknowledge and confirm that you have reviewed these terms and that you agree with them.

PropertyShield is a service that enables Subcontractors to file for mechanical pre-liens, liens and satisfaction of liens, as noted in Section 514 of Minnesota state statutes.

YOU AGREE

• that the content of this online site is protected by copyrights, trademarks, and other proprietary rights and that these rights are valid and protected in all forms, media, technologies, existing now or hereinafter developed;
• not to modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the online site, in whole or in part, except as provided in this Agreement or as permitted by the fair use privilege under the U.S. copyright laws (see 17 USC Section 107);
• not to use "Web spiders" or any other automated retrieval mechanisms when using the Service other than what is provided by the Service;
• not to assign your rights under this Agreement;
• to notify the Service of any known or suspected unauthorized use(s) of your use to the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

CANCELLATION TERMS

• PropertyShield accounts for Subcontractors, are billed on a per use basis, at a cost of 9.00 US dollars for pre-liens, 199.00 US dollars for liens and 0.00 US dollars for lien satisfactions.
• This Agreement supersedes all other agreements, warranties or representations with regard to your use of the Service. The Service may amend the terms of this Agreement from time to time by posting such amendments on the Web site under "Terms of Service." Your enrollment to the service will remain in effect as long as you are associated with the PropertyShield service. YOUR CONTINUED ENROLLMENT TO THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF THIS AGREEMENT WILL INDICATE YOUR ACCEPTANCE TO THESE CHANGES.
• PropertyShield may, at its sole discretion, terminate or suspend your access to all or part of the Service for cause, including, without limitation, breach or assignment of this Agreement. Upon termination, for any reason, the license granted above shall terminate, and you shall immediately cease using the Service.

ADDITIONAL TERMS

• PropertyShields's performance may be subject to delay and interruption due to causes beyond its control, such as acts of God, power failure, terrorism, earthquakes, fire, equipment failure and the like.
• This Agreement shall be governed by and construed under the laws of the State of Minnesota without regard to its conflicts of law provisions. In the event a dispute arises between you and PropertyShield, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PropertyShield agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance by one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party and the parties will share equally the expenses of the jointly selected arbitrator. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.
  
  • Court - Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Hennepin County, Minnesota or where the defendant is located (in our case Rogers, Minnesota, and in your case your home address or principal place of business). You and PropertyShield agree to submit to the personal jurisdiction of the courts located within the county of Hennepin, Minnesota.
  • Alternative Dispute Resolution - Alternatively, PropertyShield will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Hennepin County, Minnesota or another location mutually agreed upon by the parties.
    
• THE SERVICE AND ITS CONTENTS ARE PROVIDED WITH A LIMITED MONEY-BACK GUARENTEE, SUBJECT TO THE US DOLLAR AMOUNT YOU PAID FOR YOUR SINGLE SERVICE FEE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS.
• Your sole remedy shall be limited to the return of the fees actually paid by you to PropertyShield for the current service cost, and those fees shall be the maximum liability of PropertyShield hereunder. In no event shall PropertyShield be subject to any claim, for indirect, incidental or consequential damages arising out of this Agreement or the use of the Service.