Terms of Agreement



Terms of Agreement

Terms of Agreement

This Website is owned and operated by Cornerstone Land Abstract. (“Cornerstone Land Abstract”) and is made available to you for informational purposes only. Certain portions of the Website may be accessed only by those individuals and organizations who either are conducting business with Cornerstone Land Abstract or who have a bona fide intent to conduct business with Cornerstone Land Abstract in the future (the “Restricted Areas”). You will be required to fill out a registration form on the Website in order to gain access to the Restricted Areas. You represent and warrant that all information submitted by you during the registration process (“Registration Data”) is complete and accurate in all respects. You further agree to update your Registration Data in the event that such data changes in the future in order to maintain the completeness and accuracy of your Registration Data in all respects. Cornerstone Land Abstract retains the right to accept or reject any such registration in its sole discretion.

By accessing or using this Website, you agree to these Terms of Agreement and to our Privacy Statement. You will be required to check an appropriate box as part of the registration process in order to indicate your assent to these Terms of Agreement and our Privacy Statement prior to using or accessing the Restricted Areas. If you do not agree to the Terms of Agreement and Privacy Statement, you may not access or use the Restricted Areas.

Your Use of the Website

You may access the Restricted Areas of this Website only through use of an authorized User ID and password. You are solely responsible for maintaining the confidentiality of your User ID and password, and you shall be deemed responsible for all use of the Website through your User ID and password. Under no circumstances may you transfer your User ID and password to any other person or organization or otherwise permit any third party to use your User ID and password to access the Restricted Areas.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. You may display and electronically copy, download and print hard copy portions of the material contained on the Website for your own non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without the prior written permission of Cornerstone Land Abstract, is strictly prohibited.

Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by Cornerstone Land Abstract or its third party providers. When you download these materials, they are provided to you by Cornerstone Land Abstract under a license that is revocable at any time, with or without cause.

Proprietary Rights

You acknowledge that this Website, any software used in connection with the products and services provided on this Website, and all content contained on this Website, are owned by Cornerstone Land Abstract and contain or consist of proprietary and confidential information that is protected by applicable intellectual property and other laws. Cornerstone Land Abstract retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the Website. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

The logos, trade names, and product and service names contained on this Website are the trademarks and service marks of Cornerstone Land Abstract or its third party providers. You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of Cornerstone Land Abstract. Cornerstone Land Abstract also retains ownership of the “look and feel” of this Website, including color combinations, buttons, layout, and other graphical elements.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.

Disclaimer

CORNERSTONE LAND ABSTRACT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS Website’S CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS Website SUPPLIED BY CORNERSTONE LAND ABSTRACT, YOU OR ANY THIRD PARTY. THIS Website AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS Website, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CORNERSTONE LAND ABSTRACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CORNERSTONE LAND ABSTRACT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE Website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Website OR THE SERVER THAT MAKES THE Website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CORNERSTONE LAND ABSTRACT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS Website IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT CORNERSTONE LAND ABSTRACT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL CORNERSTONE LAND ABSTRACT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF CORNERSTONE LAND ABSTRACT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS Website. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Cornerstone Land Abstract, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your User ID and password.

Links To Other Websites

This Website may provide access to other World Wide Websites. Cornerstone Land Abstract does not control these Websites, and you access them solely at your own risk. Cornerstone Land Abstract also does not endorse or approve any products or information offered at Websites you reach through this Website. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this Cornerstone Land Abstract Website or have moved to another Website.

Jurisdiction

Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in New York, New York.

Notwithstanding the foregoing, in the event a dispute of any kind or nature arises under or related to these Terms of Agreement, Cornerstone Land Abstract may, at its option, commence an arbitration proceeding in lieu of instituting an action in a court of competent jurisdiction, by providing to you a demand for arbitration. The parties shall, within thirty (30) days of such demand for arbitration, select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration, through the New York County American Arbitration Association Regional Office, under the Commercial Arbitration Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in accordance with the rules and procedures of the American Arbitration Association. The arbitration fee shall be paid or reimbursed by the non-prevailing party, as determined by the arbitrator, who shall also award appropriate attorneys’ fees and costs to the prevailing party.

Modification of the Website and These Terms of Agreement

Cornerstone Land Abstract does not promise that any materials or information provided by you on this Website will remain available to you. Cornerstone Land Abstract is entitled to terminate all or any portion of this Website at any time, without notice to you. Cornerstone Land Abstract also reserves the right to change the terms, conditions, and notices under which this Website is offered, and your use of the Website following any such changes shall be deemed to constitute your consent to such modified Terms of Agreement. You agree to regularly review these Terms of Agreement to verify whether they have been changed.

Termination

Cornerstone Land Abstract may terminate your access to this Website at any time with or without cause and without prior notice. In the event of termination of such access, you acknowledge that any material, data and information you have submitted to Cornerstone Land Abstract on this Website may be lost or may otherwise no longer be available to you.

Miscellaneous

You acknowledge and agree that, in the event of any breach of these Terms of Agreement by you, Cornerstone Land Abstract would be irreparably and immediately harmed and could not be made whole by monetary damages alone. Without prejudice to any rights and remedies otherwise available, Cornerstone Land Abstract shall be entitled to equitable relief by way of injunction in the event of a breach of any provision of these Terms of Agreement.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Cornerstone Land Abstract regarding all aspects of your use of this Website.

The provisions of these Terms of Agreement that, by their nature and content, must survive the completion, rescission, termination or expiration of these Terms of Agreement in order to achieve the fundamental purposes of these Terms of Agreement (including but not limited to the provisions entitled “Proprietary Rights,” “Material You Submit,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Jurisdiction,” and “Termination”) shall so survive and continue to bind the parties.

 

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