The Stewart's FCU Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Stewart's FCU Web Site constitutes your agreement to all
such terms, conditions, and notices.
Modification of these terms of use
Stewart's FCU reserves the right to change the
terms, conditions, and notices under which the Stewart's FCU Site/Services are offered. You are responsible for regularly
reviewing these terms and conditions and additional terms. Your
continued use of the Stewart's FCU Site/Services
constitutes your agreement to all such terms, conditions, and
notices.
Personal and non-commercial use limitation
Unless otherwise specified, the Stewart's FCU
Site is for your personal and non-commercial use. 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 Stewart's FCU site.
Links to third party sites
The Stewart's FCU Site/Services may contain
links to third party Web sites ("Linked Sites"). The
Linked Sites are not under the control of Stewart's FCU and Stewart's FCU 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. Stewart's FCU is not responsible for
web casting or any other form of transmission received from any
Linked Site nor is Stewart's FCU responsible if the
Linked Site is not working appropriately. Stewart's FCU is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Stewart's FCU of the site or any association with its operators.
You are responsible for viewing and abiding by the privacy statements
and terms of use posted at the Linked Sites. Any dealings with
third parties (including advertisers) included within the Stewart's FCU Site/Services or participation in promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and the advertiser or other third party. Stewart's FCU shall not be responsible or liable for any part of any such
dealings or promotions.
No unlawful or prohibited use
As a condition of your use of the Stewart's FCU Site/Services, you will not use the Stewart's FCU Site/Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Stewart's FCU Site/Services in any manner, which could damage,
disable, overburden, or impair any Stewart's FCU
Site/Service(s) (or the network(s) connected to any Stewart's FCU Site/Service(s)) or interfere with any other party's
use and enjoyment of any Stewart's FCU Site/Service(s).
You may not attempt to gain unauthorized access to any Stewart's FCU Site/Service, other accounts, computer systems
or networks connected to any Stewart's FCU Site/Service,
through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Stewart's FCU Sites/Services.
Materials provided to Stewart's FCU
Stewart's FCU does not claim ownership of the
materials you provide to Stewart's FCU (including
feedback and suggestions) or post, upload, input or submit to
any Stewart's FCU Site/Service or its associated
services for review by the general public (each a "Submission"
and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission
you are granting Stewart's FCU, its affiliated companies
and necessary sublicenses 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. Stewart's FCU is under no obligation to post or use any Submission
you may provide and Stewart's FCU may remove any
Submission at any time in its 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.
Software & content available through the Stewart's FCU
web site
All content and software (if any) that is made available
to view and/or download in connection with the Stewart's FCU Site/Services is owned by and is the copyrighted work of Stewart's FCU and/or its suppliers and is protected by copyright
laws and international treaty provisions. Your use of the Software
is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License
Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms. For any Software not accompanied
by a license agreement, Stewart's FCU hereby grants
to you, the user, a revocable personal, non-transferable license
to use the Software for viewing and otherwise using the particular
Stewart's FCU Site/Service in accordance with these
Terms of Use, and for no other purpose provided that you keep
intact all copyright and other proprietary notices. Any reproduction
or redistribution of the content and/or Software is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
You acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export
control laws and regulations of the USA. You agree not to export
or re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE STEWART'S FCU SITE/SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
STEWART'S FCU SITE/SERVICES AND TO THE INFORMATION THEREIN. STEWART'S
FCU AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE STEWART'S FCU SITE/SERVICES AT ANY TIME. ADVICE
RECEIVED VIA THE STEWART'S FCU SITE/SERVICES 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. STEWART'S FCU AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED WITHIN THE STEWART'S FCU SITE/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. STEWART'S FCU AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT STEWART'S FCU SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR
RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A STEWART'S
FCU SITE/SERVICE. YOU SPECIFICALLY AGREE THAT STEWART'S FCU IS
NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR
ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT STEWART'S FCU IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A STEWART'S FCU
SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL STEWART'S FCU
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE STEWART'S FCU SITE/SERVICES, WITH THE DELAY
OR INABILITY TO USE THE STEWART'S FCU SITES/SERVICES OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE STEWART'S FCU SITE/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF THE STEWART'S FCU SITE/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF STEWART'S FCU OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STEWART'S FCU
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STEWART'S FCU SITE/SERVICES.
Termination/Access Restriction
Stewart's FCU reserves the right, in its sole
discretion, to terminate your access to the Stewart's FCU Site/Services and the related services or any portion thereof
at any time, without notice. Stewart's FCU may also
terminate or suspend your access to Stewart's FCU
Site/Service(s) for inactivity, which is defined as failing to
log into a particular service for an extended period of time,
as determined by Stewart's FCU. The amount of time
that Stewart's FCU currently considers as an "extended"
period of time may be viewed in the FAQ relating to the particular
service. Upon termination of the Stewart's FCU Site/Service,
your right to use the Stewart's FCU Site/Service
immediately ceases. Stewart's FCU shall have no obligation
to maintain any content or to forward any unread or unsent messages
to you or any third party.
Language
It is the express will of the parties that this agreement
and all related documents have been drawn up in English. C'est
la volont é expresse des parties que la présente convention ainsi
que les documents qui s'y rattachent soient rédigés en anglais.
General
The laws of the State of New York, U.S.A, govern this agreement.
You hereby irrevocably consent to the exclusive jurisdiction and
venue of courts in New York, U.S.A. in all disputes arising out
of or relating to the use of the Stewart's FCU Site/Services.
Use of the Stewart's FCU Site/Services 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 Stewart's FCU as a result
of this agreement or use of the Stewart's FCU Site/Services. You agree to indemnify and hold Stewart's FCU, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of or conduct on the Stewart's FCU Site/Services. Stewart's FCU reserves the right
to disclose any personal information about you or your use of
the Stewart's FCU Site/Services, including its contents,
without your prior permission if Stewart's FCU has
a good faith belief that such action is necessary to: (1) conform
to legal requirements or comply with legal process; (2) protect
and defend the rights or property of Stewart's FCU
or its affiliated companies; (3) enforce the terms or use; or
(4) act to protect the interests of its members or others. Stewart's FCU's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this
agreement is in derogation of Stewart's FCU's right
to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Stewart's FCU Site/Services or information provided to or gathered by Stewart's FCU 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 supers eded
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
Stewart's FCU with respect to the Stewart's FCU Site/Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Stewart's FCU with respect to
the Stewart's FCU Site/Services. 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.
Any rights not expressly granted herein are reserved.
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