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Welcome to NexGen Compliance Solutions,
LLC's web site, located at www.NexGenCompliance.com (the
"Web Site"). Use of the Web Site, information,
services, and content distributed through or in conjunction
with the Web Site (collectively, the "Services")
is offered to you subject to your acceptance of these
Terms of Use, the NexGen Compliance Solutions, LLC ("NexGen")
Privacy Policy, and any other notices or amendments posted
through the Services.
By accessing and using the Services, or any of the information
and/or content presented in any areas of the Services,
you are acknowledging that you have read and agree to
be bound by these Terms of Use, NexGen's Privacy Policy,
and other notices posted through the Services. You further
warrant and covenant that you have the power and authority
to enter into this agreement. If you do not acknowledge
and agree with the above, you may not access or use NexGen's
content or Services and you should leave this site now.
BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL
OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM
CAREFULLY.
NexGen shall have the right, at its sole discretion, to
modify, add, or remove any terms or conditions of these
Terms of Use at any time ("Changes"). You will
be notified of any Changes through a posting on the Web
Site, a notification in the Services, or via e-mail. Any
Changes shall be effective TEN (10) days following the
posting of such Changes (the "New Effective Date").
The most recent version of these Terms of Use may always
be found at http://www.NexGenCompliance.com . You agree
to review these Terms of Use from time to time and agree
that any subsequent use by you of the Services following
the New Effective Date shall constitute your acceptance
of all such Changes. If you do not agree to any or all
of the Changes, you must stop using the Services immediately
and notify NexGen via e-mail at: clientsupport@NexGenCompliance.com.
These Terms of Use were last modified on June 30, 2009.
Purpose of the Web Site
and Services
The Web Site and Services are services
made available by NEXGEN. The information and/or content
available in or on, or accessed or downloaded through
or from, the Services ("Information And Content")
are made available to enable lenders and title insurance
companies to communicate directly with one another for
the purpose of transmitting data and furnishing data designed
to permit the lender to select a title insurance agency
that will provide accurate title insurance and other valuable
information that can be uploaded to produce and populate
a good faith estimate in connection with a proposed real
estate transaction. The Services and all Information And
Content is provided solely for the lender's and the title
insurance agency's own use and not for purposes of resale,
distribution, public display or performance, or any other
uses in any form or manner whatsoever.
No Representation Regarding
Content
NexGen has used commercially reasonable
efforts to cause the title insurance agencies to provide
the most accurate and timely information available, including
Information And Content pertaining to title insurance
rates, all of which are complex and subject to rapid change.
Due to various factors, including the inherent possibility
of human and mechanical error, NexGen does not guarantee
the accuracy, authenticity, timeliness, reliability, appropriateness,
correct sequencing, or completeness of any of the Information
And Content. You agree that all risk associated with the
use of, or reliance on, any of the Information And Content
contained in the Services rests with you. You further
agree that NexGen shall not be responsible or liable,
directly or indirectly, in any way for any loss or damage
of any kind incurred as a result of, or in connection
with your use of, or reliance on, any of the Information
And Content.
Limited License
& Permitted Uses
You are granted a non-transferable,
non-exclusive, revocable license to:
- access and use the Services strictly
in accordance with these Terms of Use;
- use the Services solely for the above
stated purposes, and;
- display, download, archive or print
any discrete Information And Content, or any information
and/or content otherwise distributed by or from NexGen,
TitleHound, the lender or the title insurance agency,
provided that, in doing so, you do not further distribute,
sell, or modify the Information And Content in any
way, maintain all copyright and other notices contained
therein, and you comply with the User Conduct and
Obligations set forth herein (collectively, the "Permitted
Uses").
Except for the Permitted Uses contained
in this limited license, nothing in these Terms of Use
grants, or should be construed to grant, any licenses
or rights, by implication, estoppel or otherwise, under
copyright or other intellectual property rights. You agree
that all right, title and interest (including all copyrights,
trademarks, service marks, patents and other intellectual
property rights) in the Services, and their Information
and Content belong to NexGen and/or its licensors or licensees,
as applicable.
User
Conduct and Obligations
Your license to access and use the
Services is subject to the following restrictions and
prohibitions on use ("User Conduct and Obligations").
You agree that you shall not:
- upload, post, transmit, share or otherwise
make available through, or to, the Services any content
that:
- is unlawful, abusive, threatening,
harmful, obscene, lewd, offensive, defamatory, or
otherwise objectionable;
- might infringe the intellectual
property rights, privacy rights, rights of publicity,
or other proprietary rights of others;
- might violate any local, federal,
or international law, or any rules of any securities
exchange, either intentionally or unintentionally,
or;
- contains any viruses, trojan horses,
time bombs, cancelbots, or any other harmful or
disruptive computer code, file, or program designed
to interrupt, destroy, or limit the functionality
of any computer software or hardware or telecommunications
equipment;
- reproduce, copy, modify, distribute,
market, display, transfer, sublicense, prepare derivative
work(s) or adaptation (s) based on, sell, exchange,
barter, transfer, or otherwise make available in any
form or by any means, except for the express limited
Permitted Uses, all or any portion of the Services
or any Information And Content retrieved therefrom;
- disrupt, disable, place unreasonable
burdens or excessive loads on, interfere with, or
attempt to gain unauthorized access to any portion
of the Services, or their computer systems, servers,
or networks;
- provide false information about yourself
to NexGen, impersonate any other person, or otherwise
attempt to mislead others about your identity, your
affiliation with any person or entity, or the origin
of any content, message, or other communication;
- upload, post, transmit, share, or
otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials,
"junk mail", "spam", "chain
letters", "pyramid schemes", or any
other form of solicitation, bulk e-mail, or duplicative
messages;
- use any automatic or manual process
to collect, harvest, gather, or extract information
about other visitors to or users of the Services,
or otherwise systematically extract data or data fields;
- use the Services for the purpose of
gathering information for, or transmitting, unsolicited
bulk commercial e-mail over the Internet to other
users of the Services or to other third parties. Internet
e-mail sent to, or through, the computer systems of
the Services or to users of the Services or to other
third parties containing invalid or forged headers,
invalid or non-existent domain names, or other deceptive
addressing is deemed counterfeit. SENDING, OR ATTEMPTING
TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER
SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;
- provide access to or use of any portion
of the Services through any timesharing system, service
bureau, the Internet, or any other technology now
existing or developed in the future, except as specifically
permitted in writing by NexGen;
- redistribute any Information And Content,
including but not limited to personal information
of any client or customer, in any manner whatsoever
including without limitation by means of printed publication,
fax broadcast, web pages, e-mail, web newsgroups or
forums, or any other electronic or paper-based service
or method, to any person, organization, corporation
or other entity, including within your own organization
or externally, except for the limited Permitted Uses;
- use any Information And Content, including
but not limited to personal information of any client
or customer, for any purpose competitive with NexGen's
businesses;
- present, archive, cache, frame, scrape,
or mirror any Information And Content from any part
of the Services within another web site, except with
express written permission from NexGen;
- remove, obscure, or alter any notice
of NexGen's intellectual property rights present on
or in the Services, including but not limited to copyright,
trademark, and/or patent notices,
- copy, disassemble, decompile, translate,
reverse engineer or otherwise reduce the Services
software or use any network monitoring or discovery
software to determine the network and/or computer
architecture, except as permitted by mandatory rules
of applicable law that cannot be disapplied by contract;
- remove, disable, defeat, or change
any functionality or appearance of the Services or
otherwise circumvent the Services' regular interfaces
to data; and
- embed or import any personal information
of any client or customer provided in, on or through
the Services into any information services (whether
or not web-based), data files, or application software,
except as specifically permitted in writing by NexGen.
The foregoing prohibitions expressly
include, but are not limited to, the practice of "screen
scraping", or any other practice or activity the
purpose of which is to obtain lists of data, portions
of a database, or other lists or information from the
Services, in any manner or in any quantities not authorized
in writing by NexGen.
Remedies for Violations
NexGen reserves the right to seek
all remedies available at law and in equity for violations,
or for suspected violations, of these Terms of Use, including
but not limited to the right to block access from a particular
IP address to the Services and their features.
License of Your Content to NexGen
By uploading, posting, transmitting,
sharing, or otherwise making available to the Services
any content, or submitting any materials for use on the
Services, you grant (or warrant that the owner of such
rights has expressly granted) NexGen or its designee,
a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive,
worldwide right and license to use, reproduce, modify,
adapt, publish, sublicense, translate, reformat, create
derivative work(s) or adaptation(s) from, and distribute
such materials or incorporate such materials into any
form, medium, or technology now known or later developed
throughout the world, in any manner otherwise than as
stated in NexGen's Privacy Policy.
DISCLAIMER
THE SERVICES AND ALL INFORMATION
AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NEXGEN, ITS AFFILIATES, AGENTS
AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES. NEXGEN DISCLAIMS ALL RESPONSIBILITY
FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF,
OR ANY WAY RELATED TO:
- ANY ERRORS IN OR OMISSIONS FROM THE
SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING
BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL
ERRORS;
- ANY THIRD PARTY WEB SITES OR THIRD
PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY
OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN
THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS
IN OR OMISSIONS THEREFROM;
- THE UNAVAILABILITY OF THE SERVICES,
INFORMATION AND CONTENT, OR ANY PORTION THEREOF;
- YOUR USE OF THE SERVICES;
- PROBLEMS OR TECHNICAL MALFUNCTION
OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON LINE
SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER
EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING
WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR
ANY OTHER PERSON'S, COMPUTER AS A RESULT OF USING
THE SERVICES, OR;
- YOUR USE OF ANY EQUIPMENT OR SOFTWARE
IN CONNECTION WITH THE SERVICES.
ALL WARRANTIES, TERMS AND CONDITIONS,
EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE,
ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAWS. NEXGEN DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES
ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE,
OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD
EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE,
INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A USER OF
THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE
ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL
BE ENTIRELY AT YOUR OWN RISK.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL
NEXGEN BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES.
NEXGEN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS)
IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION
WITH:
- THE USE OF OR INABILITY TO USE THE
SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED
THEREIN; OR
- ANY OTHER MATTER RELATING TO THE SERVICES
AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF
WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE
A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON
LIABILITY IS PROHIBITED, NEXGEN'S SOLE OBLIGATION TO YOU
FOR DAMAGES SHALL BE LIMITED TO $100.00.
Service Modifications
You acknowledge and agree that NexGen
reserves the right, in its sole discretion and at any
time, to modify, change, add to, terminate, or discontinue
(with respect to an individual user or all users) the
Services and/or any associated services, Information And
Content, or technical specifications with or without notice
to you, and that NexGen will not be responsible or liable,
directly or indirectly, to you or any other person in
any way for any loss or damage of any kind incurred as
a result of, or in connection with, any such modification
or discontinuance.
Privacy and Personal Information
Your use of the Services may require
you to provide information about yourself or about a particular
client or customer. You acknowledge that you have read
and agree to all of the terms and conditions of NexGen's
Privacy Policy, which is located at: http://www.nexgencompliance.com
, and that you agree to the incorporation of the Privacy
Policy into these Terms of Use.
Confidentiality and Transmissions
over the Internet
The transmission of data or information
(including communications by e-mail) over the Internet
or other publicly accessible networks is not secure, and
is subject to possible loss, interception, or alteration
while in transit. Accordingly, NexGen does not assume
any liability for any damage you may experience or costs
you may incur as a result of any transmissions over the
Internet or other publicly accessible networks, including
without limitation transmissions involving the exchange
of e-mail with NexGen or a lender title insurance agency
containing personal information. While NexGen shall take
commercially reasonable efforts to safeguard the privacy
of the information provided to NexGen and shall treat
such information in accordance with NexGen's Privacy Policy,
in no event will the information you provide to NexGen
be deemed to be confidential, create any fiduciary obligations
to you on NexGen's part, or result in any liability to
you on NexGen's part in the event that such information
is inadvertently released by NexGen or accessed by third
parties without NexGen's consent.
Proprietary Rights
NexGen, TitleHound and other identifying
marks of NexGen are and shall remain the trade-marks and
trade names and exclusive property of NexGen, and any
unauthorized use of these marks is unlawful. Other trade-marks
on the Services are the property of their respective owners.
All content in the Services, including without limitation
all programs, complied binaries, interface layout, interface
text, documentation, and graphics, is the copyrighted
property of NexGen and is protected by international copyright
law. The Information And Content may be used by you only
for use as expressly provided for in the Permitted Uses
and may not be taken out of context or presented in a
misleading or discriminatory manner. Any rights not expressly
granted to you are reserved by NexGen.
Indemnification by User
You agree to indemnify, defend, and
hold NexGen and NexGen's affiliates, business partners,
officers, directors, employees, and agents harmless from
any loss, liability, claim, action, suit, demand, damage,
or expense (including reasonable legal fees, costs of
investigation and court costs) asserted by any third party
relating in any way to, or in respect of, your use of
the Services, any third party applications, software,
or content you post or share on or through the Services,
or breach of these Terms of Use. NexGen reserves the right
to assume the exclusive defense and control of any matter
subject to indemnification by you, which shall not excuse
your indemnity obligations.
Third Party Web Sites, Content
and Products and Services
You acknowledge and agree that your
correspondence and business dealings with any third parties,
including any merchants or advertisers, found on or accessed
through the Services, including payment for and delivery
of any related goods and services, and all other terms,
conditions, representations, and warranties related to
such dealings, are solely as between you and such third
parties. You understand and acknowledge that some of the
services accessible through the Services are provided
by third parties and that NexGen may receive compensation
from third parties on a per use or other basis based on
your purchase or use of third party goods or services
found on or accessed through the Services. YOU ACKNOWLEDGE
THAT IN SUCH DEALINGS WITH THIRD PARTIES, NEXGEN IS NOT
THE SELLER OR PROVIDER AND YOUR AGREEMENT OF PURCHASE
OR FOR SERVICES WITH SUCH THIRD PARTY IS SOLELY BETWEEN
YOU AND THE THIRD PARTY, AND NOT NEXGEN. NEXGEN ASSUMES
NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR
LIABILITIES YOU, OR ANY USER OF YOUR ACCOUNT, INCURS WHEN
MAKING PURCHASES, DEALING WITH OR COMPLETING TRANSACTIONS
WITH SUCH THIRD PARTIES. By accessing third party services
through the Services, you hereby authorize such third
party service providers to provide NexGen with personal
information regarding your use of and your activities
with respect to the purchase and use of third party services
and/or goods.
Hypertext links or pointers to third
party web sites and references to products and services
offered by third parties are provided to you for convenience
only and do not constitute an endorsement or approval
by NexGen of:
- the organizations that operate such
web sites;
- the information, content, privacy
policies or other terms of use on such web sites,
or;
- such third party products and services.
As NexGen has no control or responsibility
over, and does not investigate, monitor, or check for
accuracy third party web sites or information and/or content
maintained by other organizations, or for products and
services offered by third parties, and NexGen does not
assume any liability for your use of any of the foregoing.
If you decide to exit the Services and access third party
web sites, you acknowledge and agree that you do so at
your own risk and you should be aware that these Terms
of Use no longer govern.
Unlawful Activity
NexGen reserves the right to investigate
complaints or reported violations of these Terms of Use
and to take any action NexGen deems appropriate, including
but not limited to reporting any suspected unlawful activity
to law enforcement officials, regulators, or other third
parties, and disclosing any information necessary or appropriate
to such persons or entities relating to your profiles,
e-mail addresses, usage history, posted materials, IP
addresses, and traffic information.
General
These Terms of Use incorporate by
reference all notices and disclaimers contained in the
Services, including but not limited to the Privacy Policy
and, except for any agreements with NexGen that expressly
reference these Terms of Use (i.e. the Lender Portal Access
Agreement or the Application Services Provider and Services
Agreement), constitute the entire agreement between you
and NexGen with respect to access to, and use of, the
Services. Except as specifically set forth herein, these
Terms of Use supersede any prior agreements, including
prior oral and/or written statements or representations
not contained herein, between you and NexGen relating
to the Services. This agreement is not intended to create
a partnership, joint venture or agency relationship between
you and NexGen.
If any provision of these Terms of Use is invalid, illegal
or unenforceable in any respect under any applicable statute
or rule of law, the provision shall be deemed omitted
to the extent that it is invalid, illegal or unenforceable.
In such a case, the remaining provisions of these Terms
of Use shall be construed in a manner as to give greatest
effect to the original intention of the parties hereto.
NexGen's failure to insist upon, or enforce, strict performance
of any right or provision of these Terms of Use shall
not constitute or be construed or deemed to be a waiver
of such right or provision in the future or a waiver of
any other right or provision under these Terms of Use.
These Terms of Use shall be governed by and construed
in accordance with the laws of the State of New York applicable
therein, without regard to conflict of laws provisions
thereto. All rights and remedies, whether conferred by
this agreement, by any other instrument or by law, shall
be cumulative, and may be exercised singly or concurrently.
The parties hereby irrevocably attorn to the exclusive
jurisdiction of the courts of the State of New York.
Force Majeure
In addition to applicable disclaimers
stated above, NexGen's performance under these Terms of
Use shall be excused in the event of interruption and/or
delay due to, or resulting from, causes beyond its reasonable
control, including but not limited to acts of God, acts
of any government, war or other hostility, civil disorder,
the elements, fire, flood, earthquake, explosion, embargo,
acts of terrorism, power failure, equipment failure, industrial
or labor disputes or controversies, acts of any third
party data providers) or other third party information
provider(s), third party software, or communication method
interruptions.
Contact
If you have any questions or concerns
about the Web Site, Services, or these Terms of Use, please
feel free to contact us at www.NexGenCompliance.com
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