The Website may contain links to login pages for the Company Services, which are provided subject to separate license agreement with the Company’s customers (the “Customer Agreements”). Users who are authorized to access the Company Services pursuant to a Customer Agreement must first create a user account and are permitted to access the Company Services only in compliance with the applicable Customer Agreement or additional terms which may be set forth on such pages.
All site visitors are subject to these Terms, and must be over the age of 18. By accessing or using the Website, you are acknowledging that you are over 18 years of age, and that you have read, understand and agree without limitation or qualification to be bound by these Terms. If you do not agree with these Terms or are not over the age of 18, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so. The Company may modify these Terms from time to time without notice. Your continued use of the Website after any changes to these Terms will be deemed your acceptance of those changes.
III. Use of the Website and Website Content
Your Right to Use the Website. Subject to these Terms, and excluding access to the Company Services, we grant you a nonexclusive, nontransferable, nonsublicensable, revocable, limited right to access and display the Website, copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided hereon (collectively, “Website Content”), subject to the following limitations:
- your use of the Website is conditioned upon your prior acceptance of these Terms;
- you agree not to distribute in any medium any part of the Website or Website Content without our prior written consent;
- you agree not to alter or modify any portion of the Website or Website Content;
- you agree not copy, reproduce, distribute, display portions of or link to this Website or any Website Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Website, or the use of the Website to generate advertising or subscription revenue);
- you agree to use the Website and the Website Content only for lawful, personal and informational purposes, and you agree that you will not use the Website in any manner which violates any applicable local, state, national or international law; and
- The Company reserves the right to suspend or discontinue access to all or any portion of the Website at any time.
Ownership and Copyright Protection. The Website and all Website Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, the Company or the party listed as the provider of the applicable Website Content. Except as expressly stated in these Terms, the Website and all Website Content (including without limitation all look and feel) is owned by or licensed to the Company to the fullest extent permitted by applicable laws. The Website and all Website Content is provided “as is” solely for your personal use and informational purposes. In accessing and displaying any Website Content in accordance with the limited rights granted under these Terms, you agree to abide by all copyright, trademark and other notices contained in such Website Content, or if none, to abide by the following copyright and trademark notice with respect to such Website Content: © 2021 ICE Mortgage Technology, Inc. The Company logo and all associated trademarks and logos used herein are trademarks of the Company. Other company and product names, logos and trademarks used herein are the property of their respective owners. All rights reserved.
Trademarks. © 2021 ICE Mortgage Technology, Inc. Encompass®, AllRegs®, Mavent®, Velocify®, the Company logo and other trademarks or service marks of the Company appearing herein are the property of the Company or its subsidiaries or affiliates. All rights reserved. Other company and product names may be trademarks or copyrights of their respective owners.
IV. Disclaimer of Warranty, Limitation of Liability and Indemnification
Disclaimer of Warranty. USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL WEBSITE MATERIALS ARE PROVIDED "AS IS", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE COMPANY MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
Limitation of Liability. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
V. Governing Law
Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Alameda County, California. You acknowledge that the Company may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
Suggestions and Feedback. The Company welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to the Company, all such feedback and comments shall be the sole and exclusive property of the Company, and the Company shall have the right to use such feedback in any manner and for any purpose in the Company’s discretion without remuneration, compensation or attribution to you, provided that the Company is under no obligation to use such feedback.
Attn: Legal Department,
ICE Mortgage Technology, Inc.,
4420 Rosewood Drive, Suite 500,
Pleasanton, CA 94588.