CUSTOMER AGREEMENT
Revised: JAN/01/2022
1 Acceptance of Agreement
By registering and using our website and or services and by agreeing to the
quotation and payment terms on the proposal (“Proposal”) you are agreeing to
the following terms and conditions (“Agreement”) between Liberty Title
Services LLC. (“LTS”), and any of our associated and subsidiary companies
(collectively, “we” or “us”) and you as our customer (“you” or “your”) regarding
your use of our website (the “Sites”) and the services provided through the Sites
(“Services”) as well as our Terms of Service which are found hereinafter, and/or
in the contract generated when hiring our Services. If you are making an
agreement on behalf of an organization, you represent that you are authorized to
enter into this agreement on behalf of the organization and acknowledge that it
binds your organization. This Agreement and the Terms of Service constitute the
entire and only agreement between us and you, and supersede all prior or
contemporaneous agreements, representations, warranties and understandings
with respect to the Site and Services. This Agreement may be amended at any
time by us in which case we will provide reasonable notice to you of any material
modifications at the e-mail address you provided directly or via a third party.
2 Terms and Pricing
o 2.1 Our contracts remain active for the length of time required to comply with
the promises specified in the clauses. If no length is listed in the Proposal the
contract shall default to the standard of 60 (sixty) months. This Agreement
will automatically renew one day prior to the end of your contract (“Renewal
Date”) and will continue to renew unless canceled by you (see cancelation
terms in contract). You may inquire about the intentions to cancel your
contract by sending an email to legal@libertytitleservicesllc.com no later than
thirty (30) days prior to the Renewal Date.
o 2.2 In the event you elect to terminate this Agreement prior to the rights and
obligations established being fully executed, you recognize that there may be
the need for payment for cancelling a legal binding document. Said amount
due under the Agreement is a penalty, but covers costs incurred by us for
training completed, implementation, ongoing services, equipment fees and
other fees that have been absorbed initially by us and amortized as a courtesy
to the customer. Each Agreement is subject to a three percent (3%) annual
increase or increased by the CPI index, whichever is greater, in order to cover
escalated inflation costs.
o 2.3 Each contract has a different commission rate associated to the work it
represents to complete the Agreement in a satisfactory manner. Said
commission shall be sent to be in custody of the appointed financial trustee at
the time of closing and is to be delivered to LTS through said financial trustee,
five days after the services have been completely celebrated. All payments for
services rendered are paid to LTS by the financial trustee using the security
deposit of the commission on your behalf. Payments which are past due will
be paid in full with current charges when account is brought current, unless
specifically agreed upon in writing by us and you. You must raise any dispute
that you have regarding the charges for services immediately when the charge
occurs, but in any event within five (natural) days after the date of the charge.
We will endeavor to resolve any disputes promptly. You waive any right to
dispute a charge that is not raised and resolved within five (natural) days from
the date of the charge.
3 Users
You solely are responsible for verifying the identities and any credentials for any
users that you enroll on the Sites and individuals you receive services from in
regards to the efforts needed to conclude your contract terms or provide with
access to our Services. You acknowledge that we will follow your instructions
regarding users to be given access to the Site and provided with our Services and
that we have no responsibility to verify the identities of your users or their rights
to access the Sites and our Services.
If you add authorized users and/or Services to or from our associate companies,
such additional users and Services will be billed automatically to you in
accordance with contracted rates as specified in the Proposal or Agreement. We
reserve the right to unilaterally determine contracted rates and bill for additional
users and/or Services whether or not such additional users and/or Services are
readily quantifiable. We are not obligated to apply any special pricing,
promotions, or discount to newly requested user activation(s) or the provision of
additional Services.
4 No Guarantee of Results; Additional Services
We do not and cannot guarantee the results of our Services. Decisions regarding
educational requirements, compliance requirements, health and safety
requirements, human resource requirements, accreditation, continued
accreditation, rights, privileges, and enrolment with insurers are made by third
parties, including professional bodies, accreditation bodies and third parties
outside of our control. We make no promises regarding the outcome of the
Services that we provide for you and your users however any monetary values
are backed up by the financial institutions that you may be working with at the
time. It is advised that you acquire insurance through the financial trustee that
you may be working with in efforts to receive a proper closing of your business
relationship and/or contract.
Our training services are based on our best of knowledge at the time such
services were created. We review our training services from time to time, but the
accuracy of such services depends upon factors beyond our control. We therefore
do not guarantee that the training services will be up-to-date at any particular
point in time.
5 Billing
You will remain responsible for all monthly charges incurred whether or not your
account is in default or suspended.
You will pay all applicable sales, use, service, value-added, consumption or other taxes associated
with the Services you purchase or receive. Liberty Title Services LLC and its subsidiaries will pay
all taxes on its income and all taxes and insurance associated with its personnel.
Taxes are determined by independent jurisdictions which Liberty Title Services LLC does not
control and may be added to invoices at the mandated rate without advanced notice to you. Any
such taxes will be notated on any invoice issued by Liberty Title Services LLC. (“LTS”), and any
of our associated and subsidiary companies (collectively, “we” or “us”) or the financial trustee that
was hired for said purposes.
6 Statements, Testimonials, and Information Authorization and Release
You, on behalf of the facility you represent (hereinafter referred to as “Facility”),
hereby grant to us, and our heirs and assigns, and anyone authorized by them
(herein collectively called the “Licensed Parties”), authorization, consent, and the
worldwide right (a) to record, edit, use, display, print, reproduce, copy, publish,
republish, distribute, broadcast, and copyright the statements you make and
information you provide to us related to you and your Facility’s opinions,
findings, and experiences with the customer systems and services offered by us
to the Facility (“Statements and Information”) in whole or in part, and any
material based upon or derived therefrom (collectively, the “Material”); and (b)
to attribute to and identify you by your first and last name, company name, and
company logo with or without your likeness in connection with my Statements
and Information, in any manner or media whatsoever whether now known or
later developed for purposes of marketing, advertising, promoting and
publicizing us and the products and services we sell. You acknowledge that we
may edit the Statements and Information, but in no way may we change the
character or nature of the opinions, findings, and experiences expressed in the
Statements and Information. You acknowledge and agree that if your opinion
changes with regard to the Statements and Information, you have an affirmative
duty to inform us immediately. you hereby release, hold harmless, and forever
discharge the Licensed Parties, from any and all claims, damages, liabilities, or
demands, including, without limitation, any and all claims for libel or invasion of
privacy, slander, that we, our affiliates, our subsidiaries, heirs or assigns may
have arising out of or in connection with any use or any editing, distortion,
alteration, or use of the Material by the Licensed Parties in partial or composite
form, whether or not intentional.
7 Logo and Graphic Authorization and Release
You hereby authorize us to use any logo or graphic you provide to us and hereby
grant us, our associated companies and affiliates, including Liberty Title Services
LLC. and their heirs and assigns, and anyone duly authorized by them
(collectively referred to as “Licensed Parties”), authorization, consent and the
worldwide right to record, edit, use, display, print, reproduce, copy, publish,
republish, distribute, and broadcast a logo or graphic (collectively referred to as,
“Material”) that you provide to us related to your company and in any manner or
media whatsoever whether now know or later developed for purposes of
marketing, advertising, promoting or publicizing us and our products. Nothing
herein shall obligate us or the Licensed Parties to make use of any of the
Material. You acknowledge if the authority to utilize such logo and graphics as
described herein is no longer valid, you will inform us immediately. You hereby
release, hold harmless, and forever discharge the Licensed Parties, from any and
all claims, damages, liabilities, or demands, including, without limitation, any
and all claims for libel or invasion of privacy, that your heirs or assigns may have
arising out of or in connection with any use or any editing, distortion, alteration,
or use or any editing, distortion, alteration, or use of the Material by the Licensed
Parties in partial or composite form, whether or not intentional. You hereby
acknowledge that you have the full right and authority to grant all the rights and
permissions set forth herein and this Authorization and Release does not in any
way conflict with any existing commitment on your part. You further represent
that you are of legal age for the purposes of forming binding contracts. You may
not use any of our logos, information, web site, images, or any content provided
to you in efforts to conclude our business relationship without receiving express
consent from us. Failing to receive consent shall result in a lawsuit against you
with all applicable penalties under the law whether intentional or not.
8 Duration of Agreement and Terms of Service
This Agreement and the Terms of Service are in full force and effect each time
you access any of our Sites and you are an authorized user of one of our Sites in
any capacity. We reserve the right, at our sole discretion, to pursue all of our
legal remedies, including, but not limited to, removal of your User Content (as
defined in the Terms of Service) from our Sites and immediate termination of
your registration with or ability to access the Sites if you violate this Agreement
or the Terms of Service. Upon any breach by you of this Agreement or Terms of
Service or if we are unable to verify or authenticate any information you
provided to any of our Sites, all applicable provisions of this Agreement shall
remain in full force and effect even upon termination of your registration with
any of our Sites.
9 Governing Law
We control the Sites from our offices within the State of Maine. The laws
applicable to the interpretation of this Agreement shall be the laws of the State of
Maine and applicable federal law, without regard to any conflict of laws rules
thereof. We make no representation that the content, materials, services or
information available on the Sites are appropriate for access outside of the United
States and accessing them from jurisdictions where they are illegal is prohibited.
Those who choose to access the Sites from outside the United States do so on
their own initiative, at their own risk, and are responsible for compliance with
local laws. You agree to submit any dispute arising under or in connection with
the use of the Sites and/or their Contents to the state and federal courts sitting in
the State of Maine and hereby agree to submit to the exclusive jurisdiction
thereof.
10 Arbitration
All disputes regarding this Agreement shall be determined pursuant to
compulsory arbitration on the following terms, namely:
10.1 Any controversy or claim arising out of or relating to this Agreement or
relating to the Services, the parties’ relationship, the enforcement or
interpretation of this Agreement, or because of an alleged breach, default or
misrepresentation in connection with this Agreement, shall be determined by
final, binding and confidential arbitration. The arbitration proceedings shall be
held and conducted by one or more arbitrators in accordance with the
Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”),
as modified by this Agreement. Such arbitration shall take place in Portland,
Maine, and be initiated by any party in accordance with the JAMS Rules. The
demand for arbitration shall be made by any party hereto within a reasonable
time after the claim, dispute or other matter in question has arisen, and in any
event shall not be made after the date when institution of legal proceeding, based
on such claim, dispute or other matter in question, would be barred by the
applicable statute of limitations. Maine Code of Civil Procedure, which provides
for certain discovery rights, shall apply to any such arbitration, and such
applicable Code Section(s) is/are incorporated herein by reference. Discovery
issues shall be decided by the arbitrator(s). Post-hearing briefs shall be permitted.
The arbitrator(s) shall render a decision within twenty (20) days after the
conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no
authority to change, extend, modify or suspend any of the terms of this
Agreement, or to grant an award or remedy any greater than that which would be
available from a court under the statutory or common law theory asserted. The
arbitrator(s) shall issue a written opinion that includes the factual and legal basis
for any decision and award. The arbitrator(s) shall apply the substantive law (and
the law of remedies, if applicable) of Maine or federal law, or any of them, as
applicable to the claim(s) asserted. Judgment on the award may be entered in any
court of competent jurisdiction. In addition, either party may seek, from a court
of competent jurisdiction in Portland, Maine, provisional remedies or injunctive
relief in support of their respective rights and remedies hereunder without
waiving any right to arbitration. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The arbitrator
shall allocate all costs and expenses of the arbitration (including legal and
accounting fees and expenses of the respective parties) to the parties in the
proportions that reflect their relative success on the merits (including the
successful assertion of any defenses);
10.2 The party desiring arbitration shall nominate one arbitrator and shall notify
the other parties of such nomination. Such other parties shall within ten (10) days
after receiving such notice, nominate an arbitrator and the two arbitrators shall
select a chairman of the arbitral tribunal to act jointly with them. If the arbitrators
shall be unable to agree in the selection of such chairman, the chairman shall be
designated by a Judge of the applicable jurisdiction upon an application by any
party;
10.3 If the parties hereto receiving the notice of the nomination of any arbitrator
by the party desiring arbitration fail within the said ten (10) days to oppose the
nomination of said arbitrator, the nominated arbitrator shall be performed as the
arbitrator for the purposes of arbitration under this Agreement. The arbitrator
nominated by the party desiring arbitration may proceed alone to determine the
dispute in such manner and at such time as he shall think fit and his decision
shall, subject to the provisions hereof, be binding upon the parties; and
10.4 Notwithstanding the foregoing, any arbitration may be carried out by a
single arbitrator if the parties hereto so agree, in writing. In this event, the
provisions of this paragraph shall apply mutatis mutandis; to the single arbitrator.
11 Notice and Opportunity to Cure
It shall be a condition precedent to either Party’s right to terminate this
Agreement for Cause that (i) the Party seeking termination shall first have given
the other Party written notice stating with specificity the reason for the
termination (“breach”) and (ii) if such breach is susceptible of cure or remedy, a
period of thirty (30) days from and after the giving of such notice shall have
elapsed without the breaching Party having effectively cured or remedied such
breach during such 30-day period, unless such breach cannot be cured or
remedied within thirty (30) days, in which case the period for remedy or cure
shall be extended for a reasonable time (not to exceed an additional One hundred
(100) days) provided the breaching Party has made and continues to make a
diligent effort to effect such remedy or cure.
12 Assignment
We may transfer, assign, sub-contract or otherwise deal with our rights and/or
obligations under this Agreement. You may not transfer or assign this Agreement
or your obligations thereunder.
13 Severability
If a provision of this Agreement is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will continue
in effect. If any unlawful and/or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted, and
the rest of the provision will continue in effect.
14 Exclusion of Third Party Rights
The terms of this Agreement and the Terms and Conditions are for the benefit of
you and us, and are not intended to benefit any third party or be enforceable by
any third party. Our exercise of our rights in and under this Agreement or the
Terms of Service is not subject to the consent of any third party.
15 Notices and Communications.
16.1 We will endeavor to communicate with you through a means of your choice
and in a way that is effective and efficient. Such methods may include, but are
not limited to, MMS and SMS texting, autodialing, e-mail, facsimile
transmission, and other means not listed herein. You are responsible for the costs
of any such communications.
15.2 Although we respect your communication preferences, any notices under or
regarding this Agreement and the Terms of Service may be made to the e-mail
address(es) provided by you. By providing an e-mail address(es), whether
business or personal, you consent to allow us to use such e-mail in any manner
we deem appropriate and necessary, including communications relating to this
Agreement and the Terms of Service. Alternatively, we may give you notice by
certified mail, postage prepaid and return receipt requested, to the address you
provide to us.
15.3 Except as explicitly stated otherwise, any notices by you under this
Agreement shall be given by e-mail to us at legal@libertytitleservicesllc.com.
16.4 Notice shall be deemed given six (6) hours after an e-mail is sent or earlier
if actually received earlier by the recipient, unless the sending party is notified
that the e-mail address is invalid. In the event that notice is provided by certified
mail, notice shall be deemed given three (3) days after the date of mailing.
16 General
Except as expressly provided in a particular page of the Site titled “Legal Notice”
that references this Agreement, this Agreement sets forth the entire
understanding
and agreement between us and you with respect to the subject matter hereof. Our
failure to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches and shall not constitute a
waiver of said breach. You acknowledge that transmissions to and from the Sites
are not confidential and your communications may be read or intercepted by
others. You acknowledge that by submitting communications to us, no
confidential, fiduciary, contractually implied or any other relationship is created
between you and us other than pursuant to this Agreement between you and us.
17 Use of Information
We may use all information relating to your Site usage consistent with our
Privacy Policy.
18 Indemnification
You agree to defend, indemnify, and hold harmless us, and our affiliates,
managers, members, officers, employees, officers, directors and agents for all
reasonable costs, including legal and accounting fees, incurred by us arising from
any third party claims, actions or demands, including without limitation, claims
by users, actions or demands alleging or resulting in your breach of the terms of
this Agreement, user content or other material you provide to us, the use of your
user name and your use of our content. We shall provide notice to you promptly
of any claim, suit, or proceeding. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
our written consent.
19 Information and Press Releases
The Sites may contain information and press releases about us. While this
information was believed to be accurate as of the date prepared, we disclaim any
duty or obligation to update this information or any press releases. Information
about companies other than us or our affiliates contained in the press release or
otherwise, should not be relied upon as being provided or endorsed by us.
20 Entire Agreement
This Agreement supersedes all previous versions, oral or written, with the
exception of terms specific to a written Proposal, together with our Privacy
Policy and the Terms of Service, constitute the entire agreement between you and
us in relation to your use of the Site and Services.
21 WARRANTIES AND DISCLAIMERS
THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS”
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED. LIBERTY TITLE SERVICES LLC AND OUR AFFILIATES,
PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
TITLE, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS
FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET
ENJOYMENT OR SITE AVAILABILITY. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SERVICES AND
MATERIALS AVAILABLE ON THE SITES WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OR THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE.
ALL CONTENT PROVIDED BY OR THROUGH LIBERTY TITLE
SERVICES AND OUR AFFILIATES AND ANY OF OUR SITES MUST BE
VIEWED AND EVALUATED BY YOU, THE END USER TO ENSURE IT IS
SUITABLE FOR THE PURPOSE. WE ENDEAVOR TO KEEP ALL
CONTENT COMPLETE AND ACCURATE, BUT WE DO NOT WARRANTY
ALL CONTENT TO BE FREE OF ERRORS AND THE MOST CURRENT
VERSION OF APPLICABLE MATERIAL. IN THE EVENT OF LINKS TO
THIRD PARTY CONTENT, WE DO NOT GUARANTEE THE
INFORMATION PROVIDED IN EXTERNAL WEBSITES IS ACCURATE OR
COMPLETE. WE DO NOT HAVE CONTROL OVER THE CONTENT,
ACTIVITIES, SECURITY OR PRIVACY POLICIES OF THIRD PARTY
WEBSITES AND ACCEPT NO RESPONSIBILITY OF THE SAME. IT IS
THE END USER’S RESPONSIBILITY TO EVALUATE ALL EXTERNAL
LINKS FOR SUITABILITY OF USE.
WE DO NOT GUARANTEE CONTENT WILL BE ACCEPTED BY THIRD
PARTY ACCREDITATION ENTITIES, STATES, OR OTHER LICENSING
BODIES FOR ANY PURPOSE, QUALIFIES FOR PROFESSIONAL
CONTINUING EDUCATION REQUIREMENTS OF ANY KIND, OR IS
SPECIFICALLY SUITED FOR ANY FURTHER PURPOSE ANTICIPATED
BY THE END USER. WE DO NOT GUARANTEE OR WARRANT THE
OUTCOME OF OUR SERVICES, INCLUDING TRAINING AND
ACCREDITATION SERVICES. WE DO NOT GUARANTEE THAT A USER
OF THE SERVICES WILL BE ACCREDITED OR CREDENTIALED BY A
PARTICULAR ORGANIZATION. WE HAVE NO CONTROL OVER THE
ACTIONS OF A CREDENTIALING ORGANIZATION OR ANY THIRD
PARTIES INVOLVED IN ACCREDITATION OR CREDENTIALING AND
ACCEPT NO RESPONSIBILITY FOR THE ACTIONS OF SUCH
ORGANIZATIONS AND THIRD PARTIES. IN NO EVENT SHALL WE BE
LIABLE TO YOU FOR THE ACTIONS OF ANY CREDENTIALING OR
ACCREDITATION ORGANIZATIONS AND THIRD PARTIES IN
REGARDING TO THE TRAINING AND CREDENTIALING SERVICES
THAT WE PROVIDE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE
LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS
APPLICABLE LAW REQUIRES.
SITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES
REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR
TIMELINESS OF THE SITES OR THEIR CONTENT. BY USING THE
SITES, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND
YOU AGREE TO USE THE SITES AT YOUR OWN RISK. WE MAY
CHANGE THE SITES AT ANY TIME. WE RESERVE THE RIGHT, IN OUR
SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN
ANY PORTION OF THE SITES.
WE DO NOT WARRANT THAT THE SITES WILL OPERATE ERROR-
FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF
COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE SITES OR THEIR
CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE
COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITES AND THE INTERNET GENERALLY.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR
THE INABILITY TO USE OR ACCESS, THE SITES AND THEIR CONTENT
AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET
FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE
LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM
LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED
TO THREE MONTHS’ SERVICE CHARGES OR SUCH LARGER AMOUNT
AS APPLICABLE LAW REQUIRES.
22 Limited Waiver of Sovereign Immunity
In the event that you are a federally-recognized tribe, you hereby grant to Med
Trainer, Inc. a limited waiver of sovereign immunity and consent to the
jurisdiction of the United States District Court for the Central District of Portland
or the Superior Court of Maine. This limited waiver of sovereign immunity shall
not conflict with any binding arbitration provision of this Agreement. In no
instance shall we seek enforcement against any Tribal asset held in trust or which
has a restricted status by the United States. In no event shall an award of damages
exceed the amount billed by us to the Tribe during the preceding twelve (12)
month period, not including renewal periods or previous contract terms. This
limited waiver is applicable only to us and does not apply to actions by third
parties or any disputes outside of this Agreement. This waiver is strictly limited
to actions or claims by us that arise directly from, or are related to, this
Agreement. This limited waiver of sovereign immunity is irrevocable and shall
remain in effect for the duration of this Agreement and for 2 years after
termination of this Agreement. you expressly warrant that this limited waiver of
sovereign immunity has been approved and authorized by the appropriate officers
and governing body of the Tribe.
FAQs
Q: Do I have to pay taxes on the money I am receiving?
A: Owning rental property qualifies as a business if you do it to earn a
profit and work at it regularly and continuously. (Alvary v. United States,
302 F.2d 790 (2d Cir. 1962).) The IRS states that relevant factors that can
be considered include, but are not limited to:
the type of rented property (commercial versus residential property)
the number of properties rented
the owner's or the owner's agents day-to-day involvement
the types and significance of any ancillary services provided under
the lease
Q: If I am not 100% satisfied, how do I proceed?
A: Should there be an outstanding situation in which you have plausible
evidence and rightful claims that the efforts and/or services provided
were not reasonably within your interests or the promises made to you,
you may send your inquiry to legal@libertytitleservicesllc.com
Q: Is my property considered an investment? Is the money I will collect
considered an investment?
A: Rental ownership is an investment, not a business, if you do it to earn a
profit, but don't work at it regularly and continuously—either by yourself
or with the help of a manager, agent, or others.
the terms of the lease (for example, a short-term versus long-term
lease), and
Whether the landlord has filed all required information returns.
(Preamble to IRS Reg. 1.199A-1.)
If you are a non-resident Alien to the United States of America,
there could be additional implications.