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TERMS & CONDITIONS OF USAGE

Settlement Giant LLC (“Settlement Giant”) maintains this website (“Website”) to provide general information about Settlement Giant.

As used in these Terms & Conditions of Usage (these “Terms”), the terms “we”, “us”, and “our”, in capitalized and non-capitalized forms alike, refer to Settlement Giant and its subsidiaries and affiliates.

Access to and use of this Website is governed by these Terms.  By accessing and using this Website, you accept and agree to be bound by these Terms, regardless whether you have read the Terms in their entirety.  The Terms are subject to change from time to time, without prior notice.  Any such change will be effective immediately upon being posted to this Website.  Each time you use this Website, you should review the then-current Terms and all linked documents, if any.  Your continued use of this Website will indicate your acceptance of the current Terms.

1.  Content

This Website and all content appearing on this Website, including but not limited to text, graphics, logos, images, audio and/or video clips, data, music, software, and other information and material set forth in and/or on the Website (collectively, “Content”) is owned exclusively by and/or licensed to us and is protected by U.S. and international copyright, trademark, patent, and/or other proprietary rights.  We expressly reserve all such rights in, to, and under the Content.

2.  Usage Limitations

You may not reproduce, distribute, modify, or otherwise use contrary to applicable law the Content without our prior, express, written permission.  We do not warrant that your use of materials displayed on this Website will be free from the infringement claims of third parties.

3.  Your Contact Information

By submitting your name and/or contact information to us (including but not limited to telephone number(s) and e-mail address(es)), you understand that we, our representatives, and our nominees, which may or may not be related to us, may contact you by phone, e-mail, and/or other commercially-reasonable methods, and you consent to all such contact.  Message and data rates may apply.

4.  Representations

To the fullest extent permitted by applicable law, you represent that all entries you make on or through this Website is true, correct, and complete in all material regards.

5.  Service and Other Marks

Our name and our logo, and any other marks used on this Website to designate origin of our Content and services are our service or other marks.  Other service or other marks used on this Website are the property of their respective owners.

6.  No Reliance

We make no representation or warranty that any Content is current or accurate.  You are expressly advised not to take any action, or make any decision, in reliance on any Content.  We may not be held legally responsible for any Content errors or omissions.

7.  No Contract

Except for these Terms, none of the Content constitutes any offer, contract, agreement, representation, or warranty of any kind with or to you.

8.  Liability Liability and Disclaimer of Warranties

Your use of this Website is solely at your own risk.  None of we, our officers, our directors, our employees, our affiliates, or any other person or entity involved in creating, producing or delivering this Website shall be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Website or any Content in this Website, regardless of the theory or basis upon which damages would be or are claimed.  The content and functionality of this Website and Content is provided to you AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.  ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

Some states may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

9.  Property Damage

We assume no responsibility for, and shall not be liable for any damage to your computer equipment, software, or other property, even if caused by and/or arising from your access to or use of this Website.  It is solely your responsibility to use appropriate measures, such as but not limited to virus-detection software, to protect your information technology assets.

10.  Termination

We reserve the right, without any notice, prior or otherwise, and in our sole and absolute discretion, to terminate your use of this Website and to block or prevent your future access to and use of this Website and Content (“Termination”) if you violate any of these Terms.  Upon any such termination, your right to use this Website then will immediately cease and we may take any related measures we deem reasonable, without limitation.  You agree that we shall not be liable to you or any third party for any Termination.

11.  No Unlawful or Prohibited Uses

This Website may only be used for lawful, legitimate purposes.  As a condition to your use of this Website, you represent and warrant to us, to the fullest extent permitted by applicable law, that you will not use this Website for any purpose that is unlawful or prohibited by these Terms.

You authorize your wireless operator to use your mobile number, name, address, e-mail, network status, customer type, customer role, billing type, mobile device identifiers, and other subscriber status details, if available, to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of your business relationship with us.

See our Privacy Policy for details concerning how we treat your data.

12.  Links to Third Parties’ Websites

This Website may contain links and interactive functionality with one or more third party’s website(s) (each, a “TPW”).  We have not reviewed each TPW.  We are not responsible for, and have no liability for, functionality, actions, inactions, settings, policies, terms, conditions, and/or content of any TPW.  Links and interactive functionality for any TPW on this Website in no way constitutes an endorsement by us of that or any other TPW.  YOUR USE OF ANY TPW AND/OR CONTENT OF ANY TPW IS AT YOUR OWN RISK.

13. Cookies

A cookie is a small data file placed on the hard drive of the computer you use to visit a website when you visit that website.  A “session cookie” expires when you end your session (i.e., when you close your browser).  A “persistent cookie” instead stores information on that hard drive so when return to the same website at a later date during another session, the cookie information is still available.  A “web beacon” is code that represents a clear graphic image, used in conjunction with a cookie.

When you visit our Website, we may use both a session cookie and a persistent cookie, each of which may contain information used to track your usage of our Website and, in some cases, your e-mail address.  A web beacon allows us to capture certain other information about a visitor’s actions on our Website, such as but not limited to the visitor’s cookie number, and time, date, duration and number of page views.

14. Mobile Privacy

We offer one or more mobile applications (each commonly known as an “app”) that allows you to provide information, such as images of documents, to us.  All information we collect via app is protected by our privacy policy.

15.  Interest-Based Advertisements

We may display interest-based advertisements to you when you are using social media, an internet portal, or a search engine.

16.  Other Communications

You agree that any content that you share with or submit to us through the Website (such content, “User Content”) will fully comply with the Terms, will not injure any person or entity, and will not contain, or provide links to, any obscene, profane, or threatening language, malware, political content, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any other material of any kind that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and/or illegal.  You are solely responsible for User Content you submit through the Website, and we assume no liability for any User Content that you so submit.  You acknowledge and agree that we reserve the right (but that we have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and any circumstances surrounding its transmission, to any third party.

With respect to any User Content, you grant to us a non-exclusive, licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, without compensation to you at any time.  Therefore, do not send us any User Content that you do not wish to license to us, including but not limited to any confidential information or original creative materials, such as but not limited to stories, product ideas, computer code, or original artwork.  In addition, you grant to us the right to include the name provided along with the User Content submitted by you; provided, however, we shall have no obligation to include such name with such User Content.  We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit.  You represent and warrant, to the fullest extent permitted by applicable law, that you have all rights necessary for you to grant all licenses granted in this section. You also irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third-party visitors to this Website.  Site visitors may post content that is inaccurate, misleading, or deceptive.  We do not endorse, and are not responsible for, any opinion, advice, information, or statements made by any third party.  We shall not be liable for any loss or damage arising from or related to your reliance on such information or materials.  Opinions expressed by third parties reflect solely the opinions of the persons or entities who submitted such opinions and may not reflect our opinions.

17.  Indemnification and Defense

As a condition of your use of this Website, you agree to defend, indemnify, and hold us harmless and our respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of this Website, including, without limitation, any User Content you submit and Claims alleging facts that, if true, would constitute a breach by you of these Terms.

18.  Notices

Except as expressly stated otherwise in these Terms, any notices you send to us shall be sent by mail to us at 300 Cadman Plaza West, 12th Floor, Brooklyn, New York, 11201, Attention: Legal Notices.

In the case of notices we send to you, you consent to receive those notices and other communications by us posting notices on this Website, sending you e-mail at the e-mail address you previously provided, or mailing notice to you at your address previously provided.  You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the immediately-preceding sentence satisfy any and all legal requirements that such communications be in writing.  Notice shall be deemed given (i) 24 hours after such is posted on this Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, two (2) calendar days after the date of mailing.  You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.  Miscellaneous Provisions

These Terms, including policies and information linked from or incorporated in these Terms, constitute the entire agreement between you and us with respect to this Website, and supersede all prior or contemporaneous communications, agreements, and proposals with respect to this Website.  No provision of these Terms may be waived except pursuant to a writing executed by the party against whom the waiver is sought.  No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.  You may not assign, transfer, or sub-license any of your rights or obligations under these Terms without our prior, express written consent.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control.