AGREEMENT BETWEEN USER AND LSI - A Lender Processing Services Company (LSI)
The LSI Web Site is comprised of various Web pages operated by LSI.
The LSI Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LSI Web Site constitutes your agreement to all such terms, conditions, and notices.
LSI reserves the right to change the terms, conditions, and notices under which the LSI Web Site is offered, including, but not limited to, the charges associated with the use of the LSI Web Site.
LINKS TO THIRD PARTY SITES
The LSI Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of LSI and LSI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LSI is not responsible for webcasting or any other form of transmission received from any Linked Site. LSI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LSI of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LSI Web Site, you warrant to LSI that you will not use the LSI Web Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the LSI Web Site in any manner which could damage, disable, overburden or impair the LSI Web Site or interfere with any other party's use and enjoyment of the LSI Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LSI Web Site.
USE OF COMMUNICATION SERVICES
The LSI Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will 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 you own or control the rights thereto or have 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 or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, 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 Communication Services.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
LSI has no obligation to monitor the Communication Services. However, LSI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LSI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LSI 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 LSIs sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. LSI does not control or endorse the content, messages or information found in any Communication Service and, therefore, LSI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LSI spokespersons, and their views do not necessarily reflect those of LSI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO LSI OR POSTED AT ANY LSI WEB SITE
LSI does not claim ownership of the materials you provide to LSI (including feedback and suggestions) or post, upload, input or submit to any LSI Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LSI, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. LSI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LSIs sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LSI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LSI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LSI WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LSI WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LSI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LSI WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LSI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LSI reserves the right, in its sole discretion, to terminate your access to the LSI Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of the LSI Web Site. Use of the LSI Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and LSI as a result of this agreement or use of the LSI Web Site. LSIs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LSIs right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LSI Web Site or information provided to or gathered by LSI with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LSI with respect to the LSI Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LSI with respect to the LSI Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the LSI Web Site are: Copyright 2010 by LSI and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to LSIs Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
LSIs Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:
Sending an e-mail to Gregory.Plizga@lpsvcs.com; or
Sending a letter via the U.S. Mail to:
Chief Compliance Officer
LSI Title Company
700 Cherrington Parkway
Coraopolis, PA 15108-4306
Notification: To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LSI to locate the material;
Information reasonably sufficient to permit LSI to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
LSI will remove or disable access to the material that is alleged to be infringing;
LSI will forward the written notification to such alleged infringer (the Alleged Infringer); and
LSI will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to LSIs Designated Agent that includes substantially the following:
A physical or electronic signature of the Alleged Infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringers address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which LSI may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
LSI will promptly provide the Complaining Party with a copy of the Counter Notification;
LSI will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
LSI will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided LSIs Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on LSIs network or system.