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 INFORMATION
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.
FOR INFORMATION REGARDING THE STEWART
PRIVACY STATEMENT,
CLICK HERE
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 © 1999-2006 Stewart Title Guaranty
Company and/or its suppliers, 1980 Post Oak
Blvd., Suite 800, Houston, Texas 77056
U.S.A. All rights reserved