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Terms of Use for Firstmark Services LLC Websites
Access to and use of Firstmark Services LLC (“Firstmark Services”) websites are subject
to these terms and conditions and all applicable laws. Firstmark Services may revise
these terms and conditions from time to time and without notice. “Licensor” and “us”
refer to Firstmark Services and its affiliates. “Licensee” and “you” refer to you,
any user of the Services, including, with respect to a business entity, those individuals
acting or apparently acting on behalf or with the authorization of such entity.
Access to Services
In connection with Licensee’s access to and use of Firstmark Services’
web-based services (the “Services”) Licensee will receive a nonexclusive,
nonassignable, right and license to use the Services via the Internet.
Except as provided herein, Licensee shall not sell, distribute, or transfer, in
any manner, any copy of the Services in whatever form to any other party without
the express written authorization of Licensor.
Licensee is prohibited from making any copies of the Services or using the Services
in any manner other than as described herein.
In consideration for the licenses granted hereunder, Licensee agrees to these
Terms and Conditions.
Licensee recognizes that the Services are proprietary and confidential property of
Licensor or are licensed to Licensee with full authority to sublicense. Accordingly,
Licensee shall not, without the prior express written consent of Licensor, disclose
or reveal to any third party or utilize for its own benefit other than as permitted
hereunder, any materials or information provided by Licensor, provided that such
information was not previously and lawfully known to Licensee or to the general public.
Licensee further agrees to take all reasonable precautions to preserve the
confidentiality of the Services and shall assume responsibility that its employees,
agents, sublicensees, and assignees will similarly preserve this information against
third parties. The provisions of this clause shall survive termination of Licensee’s
use of the Services.
Licensee shall take no steps in attempting to reverse engineer, decompile or
disassemble the Services.
Licensee shall not hold the Services out as being proprietary to or otherwise the
property of Licensee. This restriction includes a prohibition on Licensee’s use of any
copyright legend on the Services and the requirement that any such use shall contain
Licensor’s copyright legend.
Licensor represents and warrants that it has no actual knowledge that the Services
infringe any valid intellectual property rights of any third party. Licensor shall
control the defense of any claim alleging that Licensee’s use of the Services under
this Agreement infringes any such intellectual property right. Licensee shall give
notice of any such claims immediately upon Licensee’s knowledge of the same, and fully
cooperate with Licensor in the investigation, preparation, defense and settlement of
each such claim. Licensor’s sole obligation in the case of such infringement will be
to replace the Services with non-infringing services of a like nature if possible,
and if such replacement is not possible, Licensor shall terminate the Services altogether.
Communications With Us
Information or communication, including but not limited to remarks, suggestions,
ideas, questions, or comments, transmitted to Firstmark Services via this website
or Internet electronic mail may not be confidential. FIRSTMARK SERVICES CANNOT
GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET, INCLUDING ANY
TRANSMISSION OF PERSONAL INFORMATION BY YOU TO FIRSTMARK SERVICES. Firstmark Services
may use any information or communication submitted for as permitted under applicable
law (including but not limited to reproduction, publication, disclosure, broadcast,
posting and compilation of such information or communication or developing products
and services incorporating the same) without compensation to the person sending
the submission. The person sending such submission acknowledges the originality of
any submission communicated to Firstmark Services and accepts entire responsibility
for its accuracy, appropriateness and legality (including without limitation compliance
with any federal or state intellectual property statutes, regulations and common law
rules). If you use our loan calculators, the estimates given may differ from the actual
amounts. All interest rates and repayment matters are determined by you and your lender.
Warranty Disclaimer
Firstmark Services is not responsible for technical,
hardware or software failures of any kind; lost or unavailable network
connections; incomplete, garbled or delayed computer transmissions.
Firstmark Services makes no warranty or guarantee that the contents of
this website are error-free, or that this website will operate in a manner
that is uninterrupted or error-free, or that this website is or will be
maintained free of viruses or other harmful code. It is up to you to take
any and all precautions to ensure that the information you access and use
from this site or any hyperlinked website is free of such items as
viruses, worms, trojan horses and other items of a destructive nature.
Changes may be made to the contents and software at this website, and the
products and services described within or offered on this website, at any
time without notice. Firstmark Services strives to include accurate and up
to date information on this website. ALL USERS AGREE, HOWEVER, THAT THIS
SITE, ANY SERVICE OFFERED ON OR THROUGH THIS SITE, ANY WEBSITE ACCESSED
THROUGH THIS SITE, AND THE ENTIRE CONTENTS AND SOFTWARE OF THIS SITE AND
SUCH OTHER SITE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
LIMITATION OF LIABILITY
BY USING THIS WEBSITE, YOU AGREE THAT FIRSTMARK SERVICES WILL NOT FOR ANY
REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES,
HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION
LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF FIRSTMARK SERVICES HAS
BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT
LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (i) YOUR
ACCESS TO, USE OF, OR INABILITY TO USE, THIS WEBSITE (INCLUDING ANY SERVICE
OFFERED ON OR THROUGH THIS WEBSITE) OR ANY HYPERLINKED WEBSITE, OR (ii) ANY
ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON,
THIS WEBSITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THIS WEBSITE) OR
ANY HYPERLINKED WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
Information on this site includes descriptions of products and
services available only in the United States of America. These terms and
conditions are governed by and interpreted pursuant to the laws of the
State of Minnesota, United States of America, notwithstanding any
conflicts of laws principles, and venue shall rest exclusively in the
courts situated in the State of Minnesota, Washington County. If any part
of these terms and conditions is unlawful, void or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of the remaining terms and conditions.
Copyrights
This Site and all information, documentation, and other content ("Content")
posted in or on this Site are subject to copyright 2005 Firstmark Services,
LLC or its parent or affiliated companies. All rights reserved. Unless stated
to the contrary, all Content is Firstmark Services' or its affiliates' property.
The appearance of this Site, including icons and graphics, are Firstmark
Services property. By making this Content available on this site,
Firstmark Services is not waiving any proprietary rights (including
copyrights or trademarks) in such Content, and is not transferring its
rights to you or any third party. The Content is protected by U.S. and
international copyright laws. You agree not to remove copyright or other
notices from any Content you may get from this Site. You cannot sell,
republish, or copy any content from this Site without the prior written
consent of Firstmark Services except for your individual use. To the
extent links are provided from this site to other websites, Firstmark
Services does not endorse those sites.
Trademarks and Servicemarks
The product and service names and logos used on this Website are
servicemarks/trademarks or registered servicemarks/trademarks
of Firstmark Services, or its parent or affiliated companies. Other
products, services, and company names mentioned on this website are the
trademarks of their respective owners. Unauthorized use is
prohibited
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