"You" are The Customer and "We" are Focus Land Title Insurance and Abstract
Company, Inc.
1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and Conditions
and any other posted guidelines or rules, web site, Product or Service. All such
guidelines and rules are hereby incorporated by reference into the Terms and
Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and
Conditions. You acknowledge and agree that We may terminate your access to our
site, products and Services should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by us. Any such
termination shall be our sole discretion and may occur without prior notice, or
any notice. We further reserve the right to terminate any user's access to us or
to any of the Products and Services for any conduct that we, in its sole
discretion, believes is or may be directly or indirectly harmful to other users,
to Lycos or its subsidiaries, affiliates, or business contractors, or to other
third parties, or for any conduct that violates any local, state, federal, or
foreign laws or regulations. We further reserve the right to terminate any
user's access to our network or to any of the Products and Services for any
reason or for no reason at all, in our sole discretion, without prior notice, or
any notice.
We do not discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected status.
3. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS
AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. WE
SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR
ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE DISCLAIM ANY AND ALL RESPONSIBILITY
OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR
OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND
SERVICES. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE,
MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM
ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR
ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES,
INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES.
4. INDEMNITY AND RELEASE
By using our web site you agree to indemnify us, including our affiliates,
officers, employees, and licensors and hold us and them harmless from any and
all claims and expenses, including attorney's fees, arising from your use of our
web site, your use of the Products and Services. You are hereby agreeing to
release us, and our affiliates, officers, employees, and licensors from any and
all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or to the
Products and Services or to any disputes regarding use of ideas and/or related
materials submitted to us. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE
EFFICACY OF SUCH RELEASES. You agree that any liability we have shall be limited
only to the purchase price you paid us.
5. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or relating
to, your use of the our website or the Products and Services must be filed
within one (1) year after such claim or cause of action arises, or forever be
barred. You agree that any liability we have shall be limited only to the
purchase price you paid us.
6. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and
Services, all legal issues arising from or related to the use of the Products
and Services shall be construed in accordance with, and all questions with
respect thereto shall be determined by, the laws of the State of New Jersey
applicable to contracts. Any controversy or claim arising out of or relating to
these Terms and Conditions or any user's use of the Products and Services shall
be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Bergen County New Jersey, and judgment on the arbitration
award may be entered into in any state or federal court in New Jersey having
jurisdiction thereof. Any party seeking temporary or preliminary injunctive
relief may do so in any state or federal court in New Jersey having jurisdiction
thereof. Except as set forth above, the state and federal courts of New Jersey
shall be the exclusive forum and venue to resolve disputes arising out of or
relating to these Terms and Conditions or any user's use of the Products and
Services. By using the Products and Services and thereby agreeing to these Terms
and Conditions, users consent to personal jurisdiction and venue in the state
and federal courts in New Jersey with respect to all such disputes.
7. MERGER
These Terms and Conditions constitute the entire agreement between the parties
with respect to the subject matter contained herein and supersedes any other
agreement, proposals and communications, written or oral, between Lycos'
representations and you with respect to the subject matter hereof; except that
any other terms and conditions located on any individual Lycos Network web site
or in connection with the Products and Services are incorporated herein by
reference to the extent they do not conflict with these Terms and Conditions. To
the extent that any other terms and conditions or terms of service conflict with
these Terms and Conditions, those other provisions shall control with respect to
the use of the particular web site and any Products or Services available on or
through the web site or the respective Product or Service at which those other
provisions may be found.
8. NON-WAIVER AND SEPARABILITY
our failure to exercise any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. If a court of
competent jurisdiction holds any provision of these Terms and Conditions to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and agree that
the other provisions of these Terms and Conditions remain in full force and
effect.
9. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Lycos are independent contractors under
these Terms and Conditions, and nothing herein shall be construed to create a
partnership, joint venture, agency, or employment relationship. Neither party
pursuant to these Terms and Conditions has authority to enter into agreements of
any kind on behalf of the other and neither party shall be considered the agent
of the other.
10. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under these Terms and Conditions without prior
express written authorization of us. You also agree not to use or resell the
information you receive from us, without the prior express written authorization
of us.
11. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment,
sublicensing, or other transfer of rights or obligations, these Terms and
Conditions shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, successors, and assigns.
12. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the
Products and Services, unless specifically terminated earlier by us. All
provisions of these Terms and Conditions which impose obligations continuing in
their nature shall survive termination of these Terms and Conditions.
13. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of us, we
reserve the right to pursue any and all legal and equitable remedies against
you, including, without limitation, terminating your use of our services and
product.
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