If you are accessing this Site as the employee of an organization that has a separate written agreement with Settlor, the terms of that written agreement may also impose other obligations and give Settlor certain rights with respect to your use of the Site. To the extent that there is a conflict between this Agreement and such separate written agreement, the other agreement will control only to the extent of such conflict.
2. Eligibility. This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Settlor and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
4. Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or all of the Site, to some or all users.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register for access to the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice and all actions otherwise permitted by law.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You acknowledge and agree that Settlor may in its sole discretion deny you access through Settlor to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Settlor, and Settlor shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You acknowledge and agree that Settlor has the right but not the obligation to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or its customers, or to improve its products and services. Settlor reserves the right to refuse to permit the posting or upload of any information or materials, in whole or in part, that, in
Settlor is free to use, disclose, and distribute any suggestions, ideas, concepts, know-how or techniques you submit to us or transmit through the Site (“Feedback”) for any purpose including, but not limited to, developing and marketing products without compensation or obligation to you. Such Feedback will be treated as non-confidential and non-proprietary to you and by submitting Feedback to us, you transfer all of your right, title, and interest in such Feedback to us.
6. User Responsibilities.
In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration page, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) consent to uses of your information consistent with our <https://settlor.com/privacy-notice> and all applicable laws.
YOU ALSO UNDERSTAND YOUR DIGITAL SIGNATURE IS LEGALLY BINDING AND ANY DOCUMENTS YOU SIGN ON THE SETTLOR PLATFORM ARE LEGALLY BINDING DOCUMENTS. YOU WILL BE RESPONSIBLE FOR THE OBLIGATIONS OR COMMITMENTS MADE IN ANY DOCUMENTS YOU SIGN ON THE SITE.
DO NOT SIGN ANY DOCUMENTS WITHOUT CAREFULLY READING AND UNDERSTANDING YOUR RIGHTS AND OBLIGATIONS. YOU ARE URGED TO CONSULT LEGAL COUNSEL.
YOU AGREE SETTLOR MAY DISCLOSE INFORMATION PERTAINING TO THE ENFORCEABILITY OR VALIDITY OF YOUR SIGNATURE IF CALLED UPON TO PROVIDE EVIDENCE, WHICH MAY INCLUDE INTERNET RECORDS, HISTORY, AND TRACKING INFORMATION. YOU SHOULD NOT SIGN ANYTHING, DIGITALLY OR OTHERWISE, WHICH YOU DO NOT INTEND TO HONOR OR DO NOT EXPECT TO BE ENFORCED AGAINST YOU.
If any information provided by you is untrue, inaccurate, not current, or incomplete, Settlor has the right to terminate your account and refuse any and all current or future use of the Site.
You must not take, and shall cause all of your agents or representatives not to take, any of the following actions:
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Settlor) or engage in spamming or flooding;
- Post or transmit via the Site any information or code which contains a virus, trojan horse, worm or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining our permission or the permission of the copyright owner or rightholder;
- Use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws; or
- Use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
7. Disclaimer of Warranties.
By using our Site, including any applets, services, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, SETTLOR DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
9. Limitation of Liability.
In addition, you understand and agree that Settlor is not a party to any real estate transactions. THEREFORE, SETTLOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION PROVIDED BY, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN, OR AMONG USERS THROUGH THE SITE.
You are responsible for how you use the Site, and for exercising sound judgment when entering into property transactions. IN THE EVENT THAT YOU HAVE A DISPUTE REGARDING A REAL ESTATE TRANSACTION, YOU AGREE TO HOLD HARMLESS AND RELEASE SETTLOR FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
NEITHER SETTLOR NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE , HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY UPON WHICH SUCH DAMAGES ARE SOUGHT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF SETTLOR, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SITE, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO $100.00.
10. Links From and To This Site.
You acknowledge and agree that Settlor has no responsibility for the accuracy or availability of information provided by other parties, including other customers or users. We have no responsibility for information on third-party websites or applications linked to or available from our Site (“Third-Party Sites”). Links to Third-Party Sites or any provision of access to or integrations with Third-Party Sites do not constitute an endorsement by Settlor of the sponsors of such Third-Party Sites or the content, products, advertising or other materials presented on such Third-Party Sites. The use of a Third-Party Site or any information or other content found on Third-Party Sites is subject to and governed by the terms and conditions of such Third-Party Sites. We encourage you to review the terms and privacy notices posted on such Third-Party Sites.
Electronic Signatures. If you choose to use the electronic signature functionality of Settlor, you understand, acknowledge and agree that you have carefully reviewed the following disclosure:
By registering for the Site or using the electronic signature function, I am agreeing to sign documents electronically. I agree that my electronic signature is the legal equivalent of my manual/handwritten signature on any document and that my signature evidences my intent to be legally bound by the terms and conditions of the applicable document(s). I further agree that my signature is as valid as if I signed the document on paper.
I may decline to electronically sign this document and withdraw my consent to sign this document electronically prior to signing by contacting the signature requestor directly, which may delay transactions. I may contact the signature requestor separately to request to sign this document on paper or to receive a paper copy of the signed document. Any fees for such paper copy may be charged then by the signature requestor.
I understand there may be required hardware and software requirements and cookies required to use the e-signature functionality, including those below:
■ Operating Systems and Browser: Device enabled with Mac OS, Linux, Windows, Android or iOS and browser that supports HTML5
■ Email: Any valid email account
■ Security Settings: Must allow per-session cookies
I understand that the electronically stored copy of my signature, any written instruction or authorization, and any other document to which I have indicated my agreement via the Settlor platform is considered to be the true, accurate, and complete record, legally enforceable in any proceeding to the same extent as if such record were originally generated and maintained in paper or printed form. I agree not to contest the admissibility or enforceability of the electronically stored copy of such document and any other documents signed by me.
By registering for the Services, I have read, understood, and agree to the foregoing disclosure and voluntarily give my consent to use and be legally bound by my electronic signature.
12. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION 12 ONLY APPLIES WHERE YOU EITHER RESIDE WITHIN, OR ACCESS OUR SERVICES FROM, THE UNITED STATES OF AMERICA. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Settlor, and good faith attempts at negotiations shall be a condition to either party initiating a lawsuit or arbitration.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Settlor will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Settlor will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own legal fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SETTLOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at email@example.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty days of your first use of the Site. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs If you opt out of these arbitration provisions, Settlor also will not be bound by them.
Changes to This Section: Settlor will provide thirty (30) days’ notice of any changes to this section by posting on the Site. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section will apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Site.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Site.
13. Comments and Questions
Last updated July 2023