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Terms and Conditions
of Use Agreement
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT
TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
1. Terms of Use
The Web Site is controlled and operated by the Residential Mortgage
Compliance Center (“Provider”), a Massachusetts company. This Web site, including all of its features and
content (the “Web Site”) is a service made available by the Provider
and all content, information, services and software ordered or provided
on or through this Web Site (“Content”) may be used solely under the
Terms and Conditions of Use Agreement (“Terms of Use”).
The Provider is not affiliated
with Thomson/West™,
which produces CD-ROM products under the LawDesk®
Series.
By
using this Web Site, you acknowledge that you have read, understood
and agree to comply with the Terms of Use. Your use of this Web Site
also indicates that you have read, understand and accept the privacy
practices as outlined in the Privacy Statement. If you do not accept
any of these terms, notices and conditions, you may not use this Web
Site or Content. Your use of this Web Site and/or Content indicates
acceptance of these terms, notices and conditions. We may from time
to time change the terms, notices and conditions that govern your use
of our Web Site and if we do so we will post such revised terms, notices
and conditions on this page. You should therefore check this page regularly.
Your use of our Web Site following any such change constitutes your
agreement to follow and be bound by the terms, notices and conditions
as changed.
2.
Web Site Limited License
As a user of this Web Site you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use this Web Site and Content
in accordance with these Terms of Use. Provider may terminate this license
at any time for any reason.
3.
Limitations On Use
The Content on this Web Site is for your personal or company use only
and not for commercial exploitation. Notwithstanding the foregoing,
to the extent this Web Site provides electronic commerce, such buying
opportunities may be made available for group as well as personal purchasing,
so long as you are authorized to make purchases on behalf of such group.
As a user of this Web Site you agree not to: (a) Not use the Web Site
or its Content for any unlawful purpose; (b) Use the Content to determine
a consumer's eligibility for credit or insurance for personal, family,
or household purposes, employment or a government license or benefit;
(c) Not decompile, reverse engineer, disassemble, rent, lease, loan,
sell, sublicense, or create derivative works from this Web Site or the
Content; (d) Not use any robot, spider, other automatic software or
device, or manual process to monitor or copy our Web Site or the Content
without Provider’s prior written permission; (e) Not use any network
monitoring or discovery software to determine the site architecture,
or extract information about usage, individual identities or users;
(f) Not falsely Impersonate someone else; (g) Not copy, modify, reproduce,
republish, distribute, display, or transmit for commercial, non-profit
or public purposes all or any portion of this Web Site, except to the
extent permitted above; (h) Not include the Web Site in a frame and/or
mirror all or any part of the Web Site without the Provider’s prior
express written authorization; (i) Not attempt to harm or Interfere
with the proper functioning of the Web Site; (j) Not send unsolicited
email to any of the email addresses provided on this Web Site; (k) Not
use or otherwise export or re-export this Web Site or any portion thereof,
or the Content in violation of the export control laws and regulations
of the United States of America.
4.
Not Legal Advice
The Content on this Web Site is published with the understanding that
the Web Site and authors of the content are not engaged in rendering
legal, accounting, or any other professional service by providing this
material. Specifically, this information does not constitute legal advice
and no attorney-client relationship is formed. The Content is presented
without any representation as to the accuracy, completeness, adequacy
or currency of the Content, which is not warranted or guaranteed whatsoever.
Particular state laws, regulations, and special contractual provisions
can greatly impact rights, responsibilities, and legal obligations.
Therefore, only a competent attorney or other applicable professional
looking at all the pertinent facts and circumstances of a particular
situation can provide definitive guidance. If legal advice or other
expert assistance is required, the services of a competent professional
should be sought. Your use of this Web Site and/or Content is at your
own risk.
5.
Errors And Corrections
Provider does not represent or warrant that this Web Site and/or Content
will be error-free, free of viruses or other harmful components, or
that defects will be corrected or that it will always be accessible.
Provider does not warrant or represent that the Content available on
or through this Web Site will be correct, accurate, timely, or otherwise
reliable. Provider may make improvements and/or changes to its features,
functionality or Content at any time.
6.
Intellectual Property Rights
Except as expressly provided in these Terms of Use, nothing contained
herein shall be construed as conferring any license or right, by implication,
estoppel or otherwise, under copyright or other intellectual property
rights. You agree that the Content and Web Site are protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
All trade names, trademarks and service marks on the Web Site that are
not owned by Provider or its affiliates are the property of their respective
owners. LawDesk is a registered trademark of Thompson Publishing and
is not affiliated with Lawdesk.com. The trade names, trademarks, and
service marks owned by Provider or its affiliates, whether registered
or unregistered, may not be used in connection with any product or service
that is not either ours or one of our affiliate's product or service,
or in any other manner that is likely to cause confusion or dilution.
Nothing on the Web Site should be construed as granting, by implication,
estoppel, or otherwise, any right or license to use any of Provider's
(or its affiliates') trade names, trademarks, or service marks without
(or the relevant affiliate's) prior express written permission.
7.
User Account
If you create an account with Provider to access either the Web Site
or Content, or both, or for any other reason, you are responsible for
maintaining the confidentiality of any and all information necessary
to obtain access thereto, including without limitation, your account
number or user identification and your password and restricting access
to your computer. Access to your account is restricted to persons who
certify that they will restrict their uses of the information provided
or that they are an appropriate user. By accepting and using the password,
you are certifying that you agree to accept and abide by the terms and
conditions herein. You agree that you are responsible for all activities
that occur under your account and you agree to defend, indemnify, and
hold harmless Provider and its affiliates and suppliers against all
claims, demands, actions, expenses, losses, damages and costs (including
but not limited to reasonable attorney fees and legal costs) arising
from or incurred as a result of: (a) Your activities in connection with
the Web Site and/or Content; (b) Any violation of the Terms and Use
by you; (c) Any improper or unauthorized use of the Content by you;
or (d) Any allegation that anything you transmit through or in connection
with the Web Site infringes or otherwise violates the copyright, trademark,
trade secret, privacy, or other rights of any third party.
8.
Web Site Registration
Certain sections of this Web Site may require you to register. If registration
is requested, you agree to provide Provider with accurate and complete
registration information. It is your responsibility to inform Provider
of any changes to that information. Each registration is for a single
individual only, unless specifically designated otherwise on the registration
page. Provider does not permit anyone other than you to use the sections
requiring registration by using your name or password or access through
a single name being made available to multiple users on a network or
otherwise. You are responsible for preventing such unauthorized use.
If you believe there has been unauthorized use, you must notify Provider
immediately by emailing compliance@lawdesk.com.
9.
Linking to this Web Site
You may provide links only to the homepage of this Web Site (www.lawdesk.com),
provided: (a) You do not remove or obscure, by framing or otherwise,
any portion of the homepage, including its advertisements, the terms
of use, the copyright notice, or other notices on this Web Site; (b)
You give Provider notice of such link by sending an email to compliance@lawdesk.com;
and (c) You discontinue providing links to this Web Site if requested
by Provider. Provider reserves the irrevocable right to rescind consent
for any link to this Web Site and to take any legal action it deems
appropriate.
10.
Third Party Web Site Links
This Web Site may contain links to web sites of third parties such as
governmental agencies, individuals and companies, as well as to other
Web Sites owned and/or operated by Provider. These web site links are
provided for convenience only. By placing a link to a web site, Provider
is not providing an endorsement of that web site. Provider has no control
over the content of third party web sites and makes no representation
or warranty regarding the third party web site content or accuracy of
information. Any concerns regarding third party services or resources
should be directed to the provider of the outside service or resource.
Provider shall not be responsible for and assumes no liability for any
infringement, mistakes, misstatements of law, defamation, slander, libel,
omissions, falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content contained in
any third party content appearing on this Web Site. Your use of Content
linked from this Web Site is at your own risk.
11.
Privacy Statement
Your use of this Web Site is subject to Provider’s Privacy Statement,
which applies solely to information collected by our Web Site located
at www.lawdesk.com. All users must review this Privacy Statement. Please
be aware that Provider is not responsible for the privacy practices
of any third party web sites. Please also be aware that the privacy
policies of other Provider web sites may differ significantly from the
Privacy Statement of this Web Site. Therefore, we encourage all users
to read the privacy statement of each and every web site that collects
personally identifiable information.
If
you would like to contact us for any reason regarding our privacy practices,
you may do so by Emailing the Privacy Department at privacy@lawdesk.com.
12.
No Solicitation
You shall not distribute on or through this Web Site any content or
material containing any advertising, promotion, solicitation for goods,
services or funds or solicitation for others to become members of any
enterprise or organization without the express written permission of
the Provider. In no event may any person or entity solicit anyone with
data retrieved from this Web Site.
13.
Advertisers
This Web Site may contain advertising and sponsorship. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion
on this Web Site is accurate and complies with applicable laws. Provider
will not be responsible for the illegality of or any error or inaccuracy
in advertisers’ or sponsors’ materials or for the acts or omissions
of advertisers and sponsors. The Provider is not providing an endorsement
of any advertiser’s web site.
14.
DISCLAIMER
THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED
TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT,
INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR
INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT
LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY
OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE
OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR
SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
15.
LIMITATION OF LIABILITY
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE
CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS
APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE
FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS'
FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH
THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE
EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS
OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES
SHALL BE LIMITED TO $50.00.
16.
Indemnification
You agree to indemnify, defend and hold harmless Provider, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Web Site from and against all claims, demands,
actions, losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any: (a) Violation of these Terms of Use by you;
(b) Improper or unauthorized use of the this Web Site and/or Content
by you; or (c) Allegation that anything you transmit through or in connection
with the Web Site infringes or otherwise violates the copyright, trademark,
trade secret, privacy, or other rights of any third party.
17. Third Party Rights
The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability),
and 16 (Indemnification) are for the benefit of Provider and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Web Site. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
18.
Unlawful Activity
Provider reserves the right to investigate complaints or reported violations
of our Terms of Use and to take any action we deem appropriate including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities
relating to user profiles, email addresses, usage history, posted materials,
IP addresses and traffic information.
19.
Remedies for Violations
Provider reserves the right to seek all remedies available at law and
in equity for violations of these Terms of Use, including but not limited
to the right to block access from a particular Internet address to this
Web Site and any other Provider Web sites and their features.
20.
Governing Law
The Terms of Use is entered into in the state of Massachusetts and any
rights, remedies, or obligations provided for in this Terms of Use,
shall be construed and enforced in accordance with the laws of Massachusetts
and federal copyright and patent laws, excluding application of conflict
of law rules.
21.
Forum Selection And Consent To Jurisdiction
The Terms of Use is entered into in the state of Massachusetts. The
user acknowledges that by entering into this Terms of Use the user is
deemed to be transacting business within the State of Massachusetts,
and user consents to the exclusive jurisdiction of the courts of the
State of Massachusetts to hear and decide any claim or dispute arising
out of or related to the Terms of Use, in accordance with the laws of
Massachusetts.
22.
Costs Of Suit
In the event of any dispute or claim between the Provider and the user,
arising from or related to the Terms of Use, the prevailing party shall
be entitled to recover, including without limitation, damages, fees,
and other costs incurred, including but not limited to reasonable attorney
fees, arising out of such dispute or claim in addition to any other
relief which such party may be entitled to by law.
23.
Agreement Jointly Prepared
The Terms of Use shall be construed as if the parties jointly prepared
it and any uncertainty or ambiguity in the Terms of Use shall not be
interpreted against any one party.
24.
Modifications To Terms of Use
Provider reserves the right to change these Terms of Use at any time.
Updated versions of the Terms of Use will appear on this Web Site and
are effective immediately. You are responsible for regularly reviewing
the Terms of Use. Continued use of this Web Site after any such changes
constitutes your consent to such changes.
25.
Conformity To Statute & Severability
Any portions of the Terms of Use that are not in conformity with federal,
state, or local laws are to be deemed amended to conform to such laws.
Further, the provisions of the Terms of Use are severable. If any portion,
provision, or part of the Terms of Use are held, determined, or adjudicated
to be invalid, unenforceable, or void for any reason whatsoever, each
such portion, provision, or part shall be severed from the remaining
portions, provisions or parts of this Terms of Use and shall not affect
the validity or enforceability of any remaining portions, provisions,
or parts. Parties agree to substitute a valid, enforceable term in its
place that closely approximates the intent and economic effect of the
invalid term.
26.
Entire Agreement
The Terms of Use incorporate by reference any notices contained on this
Web Site and the Privacy Statement and constitute the entire agreement
with respect to access to and use of this Web Site and the Content.
Notwithstanding anything to the contrary in these Terms of Use, if you
have a separate signed written or electronic agreement with the Provider
that applies to your use of any of that Provider's Content, that agreement
constitutes the entire agreement between you and that Provider with
respect to the affected Content subject thereto (the "Otherwise
Covered Content"), and these Terms of Use shall be treated as having
no force or effect with respect to the Otherwise Covered Content.
YOUR
USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE
TERMS AND CONDITIONS OF USE.
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