Terms of use
AGREEMENT BETWEEN YOU (referred to as the "User" or "You")
AND STEWART INFORMATION SERVICES CORPORATION AND ITS AFFILIATES (referred to as
"Stewart")
This web site and any web sites, web pages, and services also
operated by Stewart that are linked ("Stewart Sites") is offered to User on the
condition that User accepts and agrees to abide by, without modification, all of
the terms, conditions, and notices contained herein (collectively "Terms of
Use") and any other terms and guidelines, if any, contained within each Stewart
Site. If You do not or can not agree with any part of the Terms of Use, You may
not use or access the Stewart Site. User's use of any Stewart Site constitutes
User's acceptance of, and agreement to, all such terms, conditions, and notices.
In the event that any of the terms, conditions, and notices contained herein
conflict with the Terms of Use or such other terms and guidelines contained
within any particular Stewart Site, then the terms of use and other terms and
guidelines for such other Stewart Site shall control. User agrees to review all
other terms and guidelines found throughout the Stewart Sites and abide by them
if User chooses to use the sites, pages, or services to which they apply.
Ownership And Use Limitations
All information, data,
text, software, music, sound, photographs, graphics, video, messages, or other
material ("Content") presented to You on the Stewart Sites is owned by Stewart
and various third parties. Nothing contained on the Stewart Sites grants User,
by implication, estoppel, or otherwise, any license or right to use any of the
Content without the written permission of Stewart or such other party that may
own the Content. Any use of any of the marks appearing throughout the Stewart
Sites without the express written consent of Stewart or the owner of the mark,
as appropriate, is strictly prohibited.
User's sole rights of use to the Content are the right to view and
print documents and graphics incorporated in the documents from any Stewart Site
subject to the following: (1) the documents may be used solely for personal and
informational purposes and (2) the documents may not be modified or altered in
any way. Except as expressly provided herein, User may not use, download,
upload, copy, print, display, perform, reproduce, publish, license, post,
transmit, or distribute any software, product, services, or information from any
Stewart Site, in whole or in part, without the prior written permission of
Stewart or the applicable third party. Stewart reserves the right to make
changes or updates to the Stewart Sites or the products or programs described on
the Stewart Sites at any time without notice.
Stewart may not have the right to authorize User to download,
publish, or republish any photographs, images, or audio files (the "Graphical
Content") accessed through any Stewart Site. Stewart provides User with the URL
or address of the owner or server of all Graphical Content. If User intends to
make use of any Graphical Content accessed through any Stewart Site for
commercial or noncommercial purposes (other than as part of viewing the Stewart
Sites or in a printed form of the Stewart Site) User must contact the server of
the Graphical Content for permission to use it.
Links To Third Party Sites
Stewart has provided links
and pointers to Internet sites maintained by third parties. Because Stewart has
no control over such sites and resources, User acknowledges and agrees that
Stewart is not responsible for the availability of such external sites or
resources, does not endorse, and is not responsible or liable for any Content,
privacy policies, advertising, products, or other materials on or available from
such sites or resources. User further acknowledges and agrees that Stewart will
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Content, goods, or services available on or through any such site or
resource.
Stewart believes, but does not warrant or represent, that people
who make information available on the Web do so with the expectation that such
information will be publicly and widely available. Stewart also believes, but
does not warrant or represent, that making links to publicly accessible Web
pages available at this site is legally permissible and consistent with the
common, customary expectations of those who make use of the Web communications
media.
No Security Representations Or Warranties Are Made
Stewart cannot, and does not, make any representations or warranties
as to the security of any information (including, without limitation, credit
card and other personal information) User might be requested to give any third
party or that the site is free from viruses or other invasive and potentially
damaging programs.
Liability Disclaimer
The information, software,
products, and services included on any Stewart Site or any third party site may
include inaccuracies or typographical errors. Changes are periodically made to
the information contained at any Stewart Site. Stewart and/or its respective
suppliers may make modifications and/or changes in any Stewart Site at any time.
Advice received via any Stewart Site should not be relied upon for personal,
medical, legal, or financial decisions and User should consult an appropriate
professional for specific advice tailored to User's situation.
STEWART AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON ANY STEWART SITE
OR ANY THIRD PARTY SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. STEWART AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
STEWART MAKES NO WARRANTY THAT (1) ANY STEWART SITE WILL MEET
USER'S REQUIREMENTS, (2) THE INFORMATION ON ANY STEWART SITE WILL BE TIMELY OR
ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY USER THROUGH ANY STEWART SITE WILL MEET YOUR
EXPECTATIONS, AND (4) ANY ERRORS IN ANY STEWART SITE WILL BE CORRECTED.
IN NO EVENT SHALL STEWART AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA,
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR
PERFORMANCE OF ANY STEWART SITE OR THIRD PARTY SITE; (II) THE DELAY OR INABILITY
TO USE ANY STEWART SITE OR THIRD PARTY SITE; (III) THE PROVISION OF OR FAILURE
TO PROVIDE ANY SERVICE; (IV) THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR
RELATED GRAPHICS OBTAINED THROUGH ANY STEWART SITE OR THIRD PARTY SITE, OR (IV)
ANY STEWART SITE OR THIRD PARTY SITE OR OTHERWISE ARISING OUT OF THE USE OF ANY
STEWART SITE OR THIRD PARTY SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF STEWART OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS
DISSATISFIED WITH ANY PORTION OF ANY STEWART SITE OR THIRD PARTY SITE, OR WITH
ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING SUCH STEWART SITE OR THIRD PARTY SITE.
Access Restriction
Stewart reserves the right to deny in
its sole discretion any user access to any Stewart Site or any portion thereof
without notice.
No Unlawful Or Prohibited Use
As a condition of User's
access and use of the Stewart Sites, User will not use any Stewart Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
User may not use the Stewart Sites or any services offered through such in any
manner that could damage, disable, overburden, or impair any Stewart server, or
the network(s) connected to any Stewart server, or interfere with any other
party's use and enjoyment of any of the Stewart Sites or services thereunder.
User may not attempt to gain unauthorized access to any non-public portion of
the Stewart Sites for which it is not granted access, through hacking, password
mining or any other means. User may not obtain or attempt to obtain access to
any materials or information not intentionally made available to the public
through the Stewart Sites except as authorized by Stewart.
Feedback
Stewart does not want to receive confidential
or proprietary information from User through the Stewart Sites unless
specifically requested by Stewart and on a secure web page. Except where
expressly provided otherwise by Stewart, all comments, feedback, information, or
materials submitted to Stewart through or in association with any Stewart Site
shall be considered non-confidential and Stewart's property. By submitting such
comments, feedback, information, or materials to Stewart, User agrees to a
no-charge assignment to Stewart of all worldwide rights, title, and interest in
copyrights and other intellectual property rights to the comments, feedback,
information. or materials. Stewart shall be free to use such comments, feedback,
information, or materials on an unrestricted basis.
Stewart reserves the right to communicate with registered users at
various times through e-mail. Upon registering a new account with Stewart, the
new account may be automatically signed up to receive various e-mails and other
correspondence. Users may, in some instances, indicate preferences for receipt
of some of these e-mails.
User represents and warrants that he or she is at least 18 years
of age and possesses the legal right and ability to agree to these Terms of Use
and to use the Stewart Sites in accordance with these Terms of Use and all other
terms and conditions stated in the Stewart Sites. User agrees to be financially
responsible for all use of any Stewart Site or third party site (as well as for
use of User's account by others, including without limitation minors living with
User). User agrees not to assign, transfer, or sublicense User's rights pursuant
to these Terms of Use. User may allow other members of User's business or
household to use any Stewart Site or third party site under User's name or
account, provided that User hereby agrees to pay all charges that they incur and
to be responsible for all other aspects of their usage. User agrees to supervise
all usage by minors of any Stewart Site under User's name or account.
Use Of Iinformation
The name, address, and payment
information (if applicable) that the User provides via any Stewart Site,
together with information regarding the manner in which the User uses any
Stewart Site, will not be processed or disclosed by Stewart except as permitted
by these Terms of Use and Stewart's Privacy Policy. By being a user of any
Stewart Site, User agrees that Stewart may share with other parties both
aggregate information, individual information, and Locator information gathered
by Stewart in the course of the User's continuing use of any Stewart Site.
"Aggregate information" is information that describes the habits, usage
patterns, and/or demographics of users as a group, or as a part of a group, but
does not describe or reveal the identity of any user. "Individual information"
is information about a user that is presented in a form distinguishable from
information relating to other. "Locator information" consists of a user's name,
e-mail address, physical address, and/or other data about the user that enables
the recipient to personally identify the user.
Indemnity
As a condition of use of any Stewart Site,
User agrees to indemnify, protect, defend, and hold Stewart and its suppliers
harmless from and against any and all liabilities, expenses (including
attorneys' fees), and damages arising out of claims resulting from: (a) User's
use of any Stewart Site or (b) User's customers or others accessing or using any
Stewart Site by, through, or under User, including without limitation any claims
alleging facts that if true would constitute a breach by User of these Terms of
Use.
Modification Of These Terms Of Use
Stewart reserves the
right to change these Terms of Use at any time by revising the terms and
conditions herein. All changes to these Terms of Use and the Stewart Sites shall
be effective immediately. User is responsible for regularly reviewing these
Terms of Use. Continued use of any Stewart Site following any such changes shall
constitute the User's acceptance of such changes.
Use Of Online Web Communities
If any Stewart Site
contains bulletin board services, chat areas, news groups, forums, communities,
and/or other message or communication facilities (collectively, "Communities"),
User agrees to use the Communities only to send and receive messages and
material that are proper and related to the particular Forum. By way of example,
and not as a limitation, User agrees that when using a Community, User shall
not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent, or unlawful topic, name,
material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless User
owns or controls the rights thereto or has received all necessary
consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial
purpose.
- Conduct or forward surveys, contests, pyramid schemes, or chain
letters.
- Download any file posted by another user of a Forum that User knows, or
reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal, or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communities.
Stewart reserves the right to terminate User's access to any or all of the
Communities, at any time, without notice for any reason whatsoever.
Stewart has no obligation to monitor the Communities. However, Stewart
reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process, or governmental request,
or to edit, refuse to post, or to remove any information or materials, in whole
or in part, in Stewart's sole discretion.
User acknowledges that all Communities are public and not private
communications; therefore, User's communications may be read by others without
User's knowledge. Always use caution when giving out any personally identifying
information about User or User's children in any Community. Stewart does not
control or endorse the content, messages or information found in any Community
and, therefore, Stewart specifically disclaims any liability with regard to the
Communities and any actions resulting from User's participation in any
Community. Forum managers and hosts are not authorized Stewart spokespersons,
and their views do not necessarily reflect those of Stewart.
By posting messages, uploading files, inputting data, or engaging in any
other form of communication through any Stewart Site, User is granting Stewart
permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly
perform, reproduce, publish, sublicense, create derivative works from,
transfer, or sell any such communication; and
- Sublicense to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark, or patent laws under any relevant
jurisdiction.
User agrees to (as available) send and receive electronic mail, engage in
conferences and chats, download and upload files, and otherwise use any Stewart
Site only as permitted by these Terms of Use, any additional policies or
procedures published in any Stewart Site from time to time by Stewart, and in
accordance with applicable law.
Stewart reserves the right for any reason to remove without notice any
contents of any Stewart Site received from User, including without limitation
bulletin board postings. Stewart reserves the right to deny, in its sole
discretion, User access to any Stewart Site or any portion thereof without
notice. Stewart reserves the right to edit any notices or postings for clarity
and length.
User acknowledges that chats, conferences, bulletin boards, and any other
such communications forums hosted by any Stewart Site are public and not private
communications. Further, User acknowledges that chats, postings, conferences,
and other communications by other users are not endorsed by Stewart, and such
communications shall not be considered reviewed, screened, or approved by
Stewart.
Subscription Based Content
Some contents and/or services on a
Stewart Site may be offered to User conditioned on User's payment of
subscription fees. If User elects to purchase subscription based
content/services and transmits to Stewart a subscription purchase request, User
warrants that all information that User submits is true and accurate (including
without limitation User's credit card number and expiration date), and User
agrees to pay all subscription fees User incurs. Like all Web publications,
those accessed through any Stewart Site may be temporarily unavailable from time
to time due to required maintenance, failures, telecommunications interruptions,
or other disruptions. Although Stewart makes reasonable efforts to minimize such
downtime, Stewart does not guarantee 100% availability of any site whatsoever.
If User wishes to cancel User's subscription for any reason, User may do so
through the Subscription Services feature of the appropriate web site, but there
shall be no refunds of subscription fees previously paid.
User's subscription is personal to User and the members of User's household,
and User may not transfer or make available User's account name and password to
others, including without limitation User's co-workers. Any distribution by User
of User's account name and password may result in cancellation of User's
subscription without refund and additional charges based on unauthorized
use.
Software Available On This Web Site
Software (if any) that is made available to download from any Stewart Site
("Software") is the copyrighted work of Stewart Title Guaranty Company, its
affiliates, and/or its suppliers. User's use of the Software is governed by the
terms of an end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). User may not install or use any
Software that is accompanied by or includes a License Agreement unless User
first agrees to the License Agreement terms. For any Software not accompanied by
a license agreement, Stewart hereby grants to User, a personal, non-transferable
license to use the Software for viewing and otherwise using any Stewart Site in
accordance with these Terms of Use, and for no other purpose provided that User
keeps intact all copyright and other proprietary notices. Please note that all
Software, including without limitation all HTML code and ActiveX controls
contained in any Stewart Site, is owned by Stewart, its affiliates, and/or its
suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software, without the
express consent of the copyright owner, is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators may be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. User acknowledges that the Software, and any accompanying
documentation and/or technical information, are subject to applicable export
control laws and regulations of the USA. User agrees not to export or re-export
the Software, directly or indirectly, to any countries that are subject to USA
export restrictions.
Restricted Rights Legend
Any Software, which is downloaded from
any Stewart Site for or on behalf of the United States of America, its agencies,
and/or instrumentalities ("U.S. Government"), is provided with Restricted
Rights. Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Stewart Title Guaranty Company, 1980
Post Oak Blvd., Suite 800, Houston, Texas 77056.
General
Stewart reserves the right to make any and all changes or
discontinue the availability of any Stewart Site at its sole discretion without
notice to User. Stewart reserves the right to deny access to any Stewart Site to
anyone at anytime. User agrees that Stewart will not be liable to You or to any
third party for any modification, suspension, or discontinuance of any Stewart
Site unless specifically stated in a written agreement with Stewart.
User's access to and use of the Stewart Sites is governed by the laws of the
State of Texas, U.S.A. User consents to the exclusive jurisdiction and venue of
courts in Harris County, Texas, U.S.A., in all disputes arising out of or
relating to the use of the Stewart Sites. Use of the Stewart Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms of Use, including without limitation this paragraph.
User acknowledges that no joint venture, partnership, employment, or agency
relationship exists between the User and Stewart as a result of this Terms of
Use or use of any Stewart Site. User agrees not to hold himself or herself out
as a representative, agent, or employee of Stewart and Stewart shall not be
liable for any representation, act, or omission of the User.
Stewart's obligations under these Terms of Use is subject to existing laws
and legal process and nothing contained in these Terms of Use is in derogation
of Stewart's right to comply with law enforcement requests or requirements
relating to the User's use of any Stewart Site or any information provided to or
gathered by Stewart with respect to such use.
If any part of these Terms of Use is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms of Use shall continue in effect.
These Terms of Use constitute the entire agreement between the User and
Stewart with respect to the Stewart Sites and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or
written, between the User and Stewart with respect to the Stewart Sites, unless
specifically subject to a written agreement between Stewart and User. A printed
version of these Terms of Use and of any notice given in electronic form will be
admissible in judicial or administrative proceedings based upon or relating to
the Stewart Sites to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
Service Contact
Contact webmaster@stewart.com with questions or
problems with any Stewart Site. Please provide the webmaster with information,
including the "URL" about the specific Stewart Sites of which you are
inquiring.
Stewart, Stewart Title, and other names of Stewart products and/or services
referenced herein are service marks, trademarks or registered trademarks of
Stewart Title Guaranty Company or its affiliated entities. Other product and
company names mentioned herein may be the trademarks of their respective owners.
User's use of any Stewart Site in no way authorizes User to use any Stewart
name, trademark or logo.
All contents of any Stewart Site are: Copyright © 1999-2008 Stewart Title
Guaranty Company and/or its suppliers, 1980 Post Oak Blvd., Suite 800, Houston,
Texas 77056 U.S.A. All rights reserved.
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