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 2016 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

Special Notice for New Jersey Users

BY USING THIS WEBSITE, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE FACTS, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FACTS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF FACTS AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.