These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and The Public Notifier LLC, a Florida limited liability company (“Company,” “we,” “us,” or “our”). By accessing or using our website at thepublicnotifier.com (the “Website”), submitting an order, or otherwise engaging our services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” refer to that entity.
If you do not agree to these Terms, you must not access or use the Services.
You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under applicable law to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
The Company provides statutory public notice compliance services for quasi-judicial land use proceedings throughout the United States, including but not limited to the preparation of mailing lists, notice letters, radius maps, certification letters, affidavits of mailing, and related proof packages (collectively, “Deliverables”). The specific Deliverables for each order depend on the applicable jurisdiction’s requirements and the service tier selected by the Customer.
The Company performs these Services based on publicly available government data sources, including but not limited to county property appraiser records, geographic information system (GIS) databases, and municipal code requirements. The accuracy of the Deliverables is dependent upon the accuracy and currency of these third-party data sources, which are outside the Company’s control.
THE COMPANY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. The Services are administrative and procedural in nature. The Company assists Customers in complying with statutory mailing notice requirements, but the Company does not render legal opinions, represent Customers before any governmental body, or guarantee any particular outcome in any land use proceeding or approval process.
The Company does not advise on whether notice is required for a particular project, which approval type applies, or whether a Customer’s project complies with applicable zoning codes, land development regulations, or other laws. Customers are solely responsible for determining their own legal obligations and should consult a licensed attorney for legal advice.
5.1 Order Submission. To initiate an order, the Customer must provide all required project information, including but not limited to the project address, parcel identification number(s), approval type, and hearing date(s) (collectively, “Customer Data”). The Company may require additional information depending on the jurisdiction’s requirements.
5.2 Accuracy of Customer Data. The Customer represents and warrants that all Customer Data provided is accurate, complete, and current at the time of submission. The Company relies on Customer Data to perform the Services and is not responsible for errors, delays, or deficiencies in the Deliverables resulting from inaccurate, incomplete, or outdated Customer Data.
5.3 Timely Submission. The Customer is responsible for submitting orders with sufficient lead time to allow the Company to perform the Services before the applicable statutory deadline. The Company reserves the right to reject any order where the remaining time before the statutory deadline is insufficient to complete the Services in compliance with applicable requirements.
5.4 Customer Review. Upon delivery of the Deliverables, the Customer is responsible for reviewing the Deliverables for accuracy before filing or submission to any governmental agency. While the Company endeavors to produce accurate Deliverables, the Customer retains ultimate responsibility for the completeness and accuracy of materials submitted to governmental agencies.
6.1 Payment Required in Advance. All fees are due and payable in full before the Company begins processing any order. The Company will not commence work on any order until payment has been received and confirmed.
6.2 Pricing. The fees for each order will be communicated to the Customer prior to payment. The Company reserves the right to modify its pricing at any time, provided that any price changes will not affect orders for which payment has already been received.
6.3 Rejected Orders. If the Company determines that an order cannot be fulfilled — including but not limited to cases where the jurisdiction is not supported, the statutory deadline is infeasible, or the parcel data cannot be resolved — the Customer will not be charged, and any payment already received will be refunded in full.
6.4 Refunds After Commencement of Work. Once the Company has commenced processing an order, refunds are not guaranteed. Refund requests for orders in progress will be evaluated on a case-by-case basis at the Company’s sole discretion. The Company may issue a full or partial refund depending on the stage of processing and circumstances.
6.5 Taxes. All fees are exclusive of applicable sales tax, use tax, value-added tax, or other governmental charges. The Customer is responsible for all such taxes imposed on the Services, excluding taxes based on the Company’s net income.
7.1 Company Ownership. The Company retains all right, title, and interest in and to its proprietary systems, software, processes, methodologies, jurisdiction rule sets, templates, and any other intellectual property used in the performance of the Services (collectively, “Company IP”). Nothing in these Terms grants the Customer any rights in the Company IP.
7.2 Deliverables License. Upon receipt of full payment, the Company grants the Customer a non-exclusive, non-transferable, limited license to use the Deliverables solely for the purpose of satisfying public notice requirements for the specific land use proceeding identified in the order. The Customer may not resell, redistribute, sublicense, or commercially exploit the Deliverables.
THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR COMPLIANCE WITH ANY PARTICULAR LEGAL STANDARD.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (B) THE DELIVERABLES WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE OF ERRORS; (C) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (D) THE USE OF THE DELIVERABLES WILL SATISFY THE REQUIREMENTS OF ANY GOVERNMENTAL AGENCY; OR (E) THE CUSTOMER’S LAND USE APPLICATION, VARIANCE, SPECIAL EXCEPTION, SITE PLAN REVIEW, OR OTHER APPROVAL WILL BE GRANTED.
THE COMPANY RELIES ON THIRD-PARTY DATA SOURCES INCLUDING, WITHOUT LIMITATION, COUNTY PROPERTY APPRAISER RECORDS, GEOGRAPHIC INFORMATION SYSTEM DATABASES, AND MUNICIPAL RECORDS. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SUCH THIRD-PARTY DATA.
9.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, DATA, PROJECT DELAYS, INCREASED COSTS, LOSS OF GOVERNMENTAL APPROVALS, DIMINUTION IN PROPERTY VALUE, OR ANY OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO THE CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CUSTOMER TO THE COMPANY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.3 Essential Basis. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.4 Exceptions. Nothing in these Terms shall limit or exclude liability for: (a) fraud or intentional misrepresentation; or (b) any liability that cannot be limited or excluded under applicable law.
The Customer agrees to indemnify, defend, and hold harmless the Company, its members, managers, officers, employees, agents, and contractors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Customer’s use of the Services or Deliverables; (b) any inaccuracy or incompleteness in the Customer Data provided by the Customer; (c) the Customer’s violation of these Terms; (d) the Customer’s violation of any applicable law or regulation; or (e) any claim by a third party arising from or related to the Customer’s land use proceeding, project, or application.
The Customer acknowledges and agrees that public notice compliance involves inherent risks, including but not limited to the risk that third-party data sources may contain errors, that property ownership or address information may have changed since the last available data update, that postal delivery may be delayed or fail, and that governmental agencies may interpret notice requirements differently than the Company. The Customer assumes full responsibility for determining whether the Deliverables satisfy the applicable legal requirements for the Customer’s specific proceeding.
The Customer further acknowledges that the Company does not guarantee that use of the Services will prevent a challenge to the Customer’s land use approval, variance, or other governmental action on procedural grounds, and that the Company shall have no liability for any such challenge regardless of its outcome.
12.1 Mandatory Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Deliverables, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator.
12.2 Location. The arbitration shall take place in Broward County, Florida, unless the parties mutually agree to an alternative location or to conduct the arbitration remotely.
12.3 Governing Law for Arbitration. The arbitrator shall apply the substantive laws of the State of Florida without regard to its conflict of laws principles.
12.4 Arbitration Award. The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction. The arbitrator may award any relief that a court of competent jurisdiction could award, subject to the limitations set forth in these Terms.
12.5 Costs. Each party shall bear its own attorneys’ fees and costs in connection with the arbitration, unless the arbitrator determines that a different allocation is warranted.
12.6 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Broward County, Florida (or the county in which the Customer resides) for claims within the jurisdictional limits of that court.
12.7 Injunctive Relief. Nothing in this Section shall prevent either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CUSTOMER AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provision in Section 12 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. To the extent that any claim or dispute is not subject to arbitration under Section 12, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida.
The Company reserves the right to modify these Terms at any time. If the Company makes material changes, it will provide notice by posting the updated Terms on the Website and updating the “Effective Date” above. Changes are effective upon posting. The Customer’s continued use of the Services after any modification constitutes acceptance of the modified Terms. If the Customer does not agree with any modification, the Customer must discontinue use of the Services.
16.1 By the Company. The Company may suspend or terminate the Customer’s access to the Services at any time, with or without cause, and with or without notice. Without limiting the foregoing, the Company may terminate access if the Customer breaches these Terms, provides fraudulent or misleading information, or engages in abusive, threatening, or unlawful behavior.
16.2 By the Customer. The Customer may discontinue use of the Services at any time. Termination does not entitle the Customer to a refund of fees already paid, except as provided in Section 6.3.
16.3 Survival. Sections 4, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, and 19 shall survive any termination or expiration of these Terms.
ANY CAUSE OF ACTION OR CLAIM THE CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitation applies regardless of whether the Customer knew or should have known of the existence of the claim.
18.1 Entire Agreement. These Terms, together with any order confirmation or scope of work provided by the Company, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.
18.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
18.3 Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.
18.4 Assignment. The Customer may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms without restriction. Any attempted assignment in violation of this Section shall be null and void.
18.5 Force Majeure. The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, postal service disruptions, internet outages, third-party data source unavailability, cyberattacks, or failures of third-party service providers.
18.6 Independent Contractor. The Company is an independent contractor and nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
18.7 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and do not confer any rights or remedies on any third party.
18.8 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
All notices, requests, and communications under these Terms shall be in writing and directed to:
The Public Notifier LLC
678 Hart St. 2A
Brooklyn, NY 11221
Email: info@thepublicnotifier.com
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.