MISMO XML
Compliance Web Site Terms of Use
Welcome to the MXCompliance Web Site. These Terms of Use are
provided by the Mortgage Information Standards Maintenance Organization, Inc.,
a District of Columbia
corporation, located at 1919
Pennsylvania Avenue, N.W. Washington,
D.C. 20006
(“MISMO"). These Terms of Use will govern your use of MXCompliance.mismo.org (the “MXCompliance Web Site”), to access, except as
expressly set forth herein, all the audio and visual information, documents,
text, and software contained or made available to you on or through access to
the MXCompliance Web Site
("Content") provided by MISMO.
1. Background
1.1. Use of the MXCompliance
Web Site Constitutes Acceptance. This Agreement will constitute a binding and enforceable
agreement between you (individually and in your individual capacity as an
employee, officer, agent, partner, etc. of each organization you represent) in
connection with any use of or access to the MXCompliance
Web Site. By using the MXCompliance
Web Site to access the Content, you acknowledge and agree that you have fully
read and agree to be bound by the provisions of this Agreement, exactly as if
it were printed on paper and signed by you. If you do not agree to be bound by
this Agreement in its entirety, then you must immediately stop using the MXCompliance Web Site. Although the process for
purchasing any MXCompliance Service
will require you to "click-through" or otherwise affirmatively agree
to another Agreement, this Agreement is binding on you by your use of or access
to the Content, regardless of whether or not you choose to purchase any MXCompliance Service through the MXCompliance Web Site (the “Services”).
1.2 Business or Employment Use. When you access or use the Content, you enter
into this Agreement both on your own behalf and, if such access or use is in
the course of your employment or business, as an employee, officer, agent,
partner, etc. of the organization that you represent, and references in this
Agreement to "you" shall mean both you as the individual user of the MXCompliance Web Site or Service and you in your
capacity as a representative of your organization. Unless otherwise specified, you many not use the Content for
any commercial use. Accordingly, you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any text, information, software, pictures, or
services obtained from this MXCompliance
Web Site or from any MISMO web site.
1.3 No Unlawful or Prohibited Use. As
a condition of your use of this MXCompliance Web Site, you will not use the
Content or access the MXCompliance
Web Site for any purpose that is harmful, abusive, derogatory, defamatory, in
violation of any confidentiality obligation, invasive of any third party's
rights, unlawful, disruptive to the MXCompliance Web Site, or
otherwise prohibited by these terms, conditions, and notices. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Web Site. MISMO reserves the right to
terminate your use of this MXCompliance
Web Site, in its sole discretion, with or without notice, if MISMO reasonably
believes that your conduct fails to conform to these Terms of Use. Without
limiting the generality of the foregoing, you agree that you will not, under
any circumstances, submit material to the Web Site
that:
i.
is
copyrighted, unless you are the copyright owner or has the permission of the
copyright owner to submit it.
ii.
reveals trade
secrets, unless you own own them or have the permission of the owner.
iii.
infringes on
any other intellectual property rights of others or on the privacy or publicity
rights of others; or
iv.
contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system, data or
information.
2. Risks of Doing Business on the Internet. You acknowledge and agree that electronic
communications and databases are subject to errors, tampering and break-ins and
that, notwithstanding the efforts of MISMO to implement reasonable security
precautions, MISMO does not guarantee or warrant that such events will not take
place. You agree to follow all access and security procedures provided by, from
time to time, and will not attempt, nor will you aid or abet any other person
in any attempt, to circumvent or otherwise interfere in any way with any
security precautions or measures of MISMO.
3. Content Changes. Content may be changed or
updated without notice. MISMO may also make improvements and/or changes in the
Services and certifications described in this Content at any time without
notice.
4. Content Disclaimer. MISMO assumes no responsibility for any consequence relating
directly or indirectly to any action or inaction that you take based on the
information, services or other material on the MXCompliance Web Site. While MISMO
strives to keep the information on the MXCompliance Web Site accurate,
complete, and up-to-date, MISMO cannot guarantee, and will not be responsible
for any damage or loss related to the accuracy, completeness, or timeliness of
the Content found at the MXCompliance
Web Site. MISMO MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF
THE MXCOMPLIANCE WEB SITE. THE CONTENT AND THE
MXCOMPLIANCE SERVICES ARE PROVIDED "AS IS," “WITH ALL FAULTS,” “AS
AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. MISMO HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT OF THE MXCOMPLIANCE WEB SITE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MISMO
AND/OR ITS AFFILIATES AND/OR ITS SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE MXCOMPLIANCE WEB
SITE OR WITH THE DELAY OR INABILITY TO USE THE MXCOMPLIANCE
WEB SITE, OR FOR ANY TEXT, INFORMATION, SOFTWARE, IMAGES, AND SERVICES OBTAINED
THROUGH THE MXCOMPLIANCE WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE MXCOMPLIANCE
WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF MISMO OR ANY OF ITS SPONSORS OR PARTICIPATING INSTITUTIONS OR CONTENT
PROVIDERS HAVE 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.
In addition, these Terms of Use
incorporate in full by this reference the MXCompliance
Disclaimer available on this Site that describes the scope and nature of the MXCompliance Certification, and disclaims liability
for any use of or reliance on a Certified Product’s certified status in
choosing whether or not to use such Certified Product.
5. Links to Third Party Sites. MISMO may link to
independent, third-party content considered relevant and valuable to our
audience. The views and opinions expressed in any third-party sites do not
necessarily reflect the views of MISMO, its members or its sponsors. MISMO
makes no representations whatsoever about any other web site, which you may
access through this one. When you access a third-party web site, even one that
may contain MISMO’s logo, please understand that it is independent from MISMO,
and that MISMO has no control over the content on that web site. In addition, a
link to a third-party web site does not mean that MISMO endorses or accepts any
responsibility for the content, or the use, of such web site. It is up to you
to take precautions to ensure that whatever you select for your use is free of
such items as viruses, worms, trojan horses and other items of a destructive
nature. If you choose to link
to a Web site not controlled by MISMO, MISMO makes no warranties, either
express or implied, concerning the content of such site, including the
accuracy, completeness, reliability or suitability thereof for any particular
purpose, nor does MISMO warrant that such site or content is free from any
claims of copyright, trademark or other infringement of the rights of third
parties or that such site or content is devoid of viruses or other
contamination.
6. Privacy and
Protection of Personal Information. See the http://mxcompliance.mismo.org/privacy.aspx
for information regarding the collection and use of your personal information.
7. Proprietary Rights. Except where
attribution is expressly given to a third party, all materials on this site (as
well as the organization and layout of the site) are owned and copyrighted by
MISMO. © Copyright 2005 Mortgage Information
Standards Maintenance Organization, Inc. All rights reserved. No
reproduction, distribution, or transmission of the copyrighted materials at
this site is permitted without the written permission of MISMO.
8. Arbitration. By accessing the MXCompliance Web Site and using the information therein
available and/or by using any services made available through the Web
Site, including without limitation, the MXCompliance
Services, you agree with MISMO, its service providers, their respective
affiliates, parents, subsidiaries and any other content provider on this site
or through any other associated activity, that any claim or dispute (“Claim”)
you may have against or with any of the aforementioned persons, whether related
to the services provided at, or to the content on, the MXCompliance
Web Site, including the enforceability of this arbitration clause, and whether
under a statute, in contract, tort, or otherwise, and whether for money
damages, or declaratory or equitable relief, shall be resolved by binding
arbitration before a single arbitrator under the Commercial Arbitration Rules
of the American Arbitration Association.
Any arbitration hearing at which you appear will take place within the District of Columbia,
and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction over such party.
The arbitrator shall have no power or authority to make any award that
provides for punitive or exemplary damages.
Each party shall bear its own costs in connection with any arbitration
proceedings. The parties shall equally
share the fees of the arbitration and the arbitrator.
This
arbitration provision is agreed to and made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration Act, 9
U.S.C. §§ 1-16 (“FAA”). The arbitrator shall follow existing substantive
law of the State of New York,
without regard to its choice or conflict of laws provisions, to the extent
consistent with the FAA, and applicable statutes of limitations and shall honor
any claims or privilege recognized by law. If any party requests, the
arbitrator shall write an opinion containing the reasons for the award. NO CLAIM SUBMITTED TO ARBITRATION IS HEARD
BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION OR AS A PRIVATE
ATTORNEY GENERAL. You do not have
the right to act as a class representative or participate as a member of a
class of claimants with respect to any Claim.
This arbitration provision applies to all Claims now in existence or
that may arise and shall survive the termination of any dealings between you,
MISMO, and the persons named above.
For the
purposes of this arbitration provision, “MISMO” means its parent, MBA,
subsidiaries, affiliates, licensees or sublicensees, predecessors, successors,
assigns of MISMO and MBA and all of their officers, directors, employees,
agents and assigns or any and all of them.
Additionally, "MISMO" shall mean any third party providing
benefits, services, or products in connection with the MXCompliance
Web Site and all of their officers, directors, employees and agents if, and
only if, such a third party is named by you as a co-defendant in any Claim you
assert against us.
If any part of
this arbitration provision is found to be invalid or unenforceable under any
law or statute consistent with the FAA, the remainder of this arbitration
provision shall be enforceable without regard to such invalidity or
unenforceability.
THE RESULT OF THIS ARBITRATION PROVISION IS THAT CLAIMS CANNOT BE
LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A
JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
9. Miscellaneous. If there is any conflict
between the terms of these Terms of Use and the terms of any Services Agreement
to which you agree in order to utilize any MXCompliance
Services, the Services Agreement will govern.
MISMO may at any time revise these terms by updating this posting. By
using this MXCompliance Web Site,
you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current terms to which you are bound.
MISMO’s failure to insist
upon strict enforcement of any provision in these Terms of Use shall not be
construed as a waiver of any provision or right.
MISMO may
modify these Terms of Use from time to time and at any time. You can determine
whether these Terms have been updated since you last reviewed it by checking
the “Last Updated On” date at the top of these Terms of Use.
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