PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE (HEREINAFTER "THE SITE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS OR USE THE SITE, OR ANY PAGES OR INFORMATION IN THE SITE.
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You may print these Terms and Conditions before you access or use
the Site. If you do not have a printer, you may call us for a free copy of these Terms and Conditions. These Terms and Conditions will always be available for your review under the "Terms and Conditions" link found at the log-in screen and at the bottom of many pages of the Site.
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A. Conditions:
Your permission to access and use the Site and the information contained therein is granted only on the following conditions:
- You are an authorized Countrywide Business Partner in good standing to access the Site and the information contained therein;
- You will not copy or post the information from the Site on any network computer or broadcast in any media; and
- You will make no modifications to the Site or any information therein.
- You agree to and will comply with the Terms and Conditions stated below.
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B. What these Terms and Conditions Cover:
These Terms and Conditions govern the use and access to information provided through the Site. Information provided through the Site may also be governed by separate agreements with you. You understand that the terms of any such other agreements will remain in full force and effect. In these Terms and Conditions, the words "Countrywide", "we", "us", and "our" mean Countrywide Home Loans Servicing, LP and any company affiliated with Countrywide Home Loans Servicing, LP.
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C. Accepting these Terms and Conditions:
You understand that by accessing or using the Site, or the information available through the Site, you have agreed to these Terms and Conditions.
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D. Changes in Terms:
Countrywide may modify these Terms and Conditions at any time. Such modifications will apply to you and will be effective immediately upon the posting to the Site. You understand that by using or accessing the Site or the information therein after a change becomes effective, you have agreed to it. Countrywide will not provide you with individual notice of any change. You should click on the "Terms and Conditions" link at the log-in screen or at the bottom of many pages of the Site from time to time to review the current Terms and Conditions because they are binding on you.
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E. Termination:
Countrywide may terminate your access to the Site for any reason, at any time, with or without notice to you. If you terminate your agreement to these Terms and Conditions, you may no longer use or access the Site. All representations and warranties made herein and the parties' rights and obligations hereunder, not pertaining to the continued use of the Site, shall remain in full force and effect notwithstanding any termination of your agreement to these Terms and Conditions.
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F. Limitations of Liability:
Risks of Use. Access to the Site may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. If access to the Site is unavailable or delayed at any time, you agree to use alternative means to obtain information from Countrywide, such as contacting a Countrywide representative. Countrywide will not be liable to you if you are unable to access information through the Site.
Limitation of Damages. IN NO EVENT WILL COUNTRYWIDE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION THEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION IN THE SITE.
No Liability for Events Outside of Countrywide's Control. Countrywide will not be liable for any loss that results from a cause over which Countrywide does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems, (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Countrywide is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Site.
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G. Disclaimer of Warranties:
COUNTRYWIDE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THERE IS NO OTHER WARRANTY OR ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE INFORMATION THEREIN, AND ANY ONLINE SERVICE OFFERED THROUGH THE SITE.
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H. Indemnification:
You agree to indemnify, defend and hold harmless Countrywide, its officers, directors, employees, agents and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the site or any violation of these Terms and Conditions by you.
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I. Protecting your User Name and Password:
Countrywide has adopted policies and procedures intended to prevent unauthorized access to the Site and the information contained therein. You agree to comply at all times with any security or operating procedures which Countrywide establishes. You will be responsible for the confidentiality and use of your user name and password and the physical security of your work areas. You will be responsible for any access to the Site made through and under your user name and password. You agree to immediately notify us if you become aware of:
- Any loss or theft of your user name and/or password; or
- Any unauthorized use of your user name and/or password, or of the Site or any information therein.
We may suspend or cancel your assess to the Site if we suspect the Site is being used in an unauthorized or fraudulent manner.
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J. No Other Use:
The Site gives you access to information from Countrywide which may be presented with a distinctive "look and feel." This information and "look and feel" are proprietary property of Countrywide. Certain services offered through the Site use propriety software of Countrywide and other Software Suppliers. If Countrywide has provided you with software to use, you are being granted a non-exclusive license to use this software. This allows you to use the software only for its intended purposes. You may not disassemble, decompile, copy, modify or reverse engineer any of the software or allow anyone else to do so, unless otherwise specifically authorized by law. You agree to contact us immediately if you believe any such software has been stolen or lost.
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K. Countrywide's Trademarks:
You shall not use Countrywide's name, trademarks or service marks in any advertising or marketing materials without the prior express written approval of Countrywide. Elements of Countrywide Web Sites are protected by trade dress and other laws, and they may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Countrywide Web Site may be copied or retransmitted unless expressly permitted by Countrywide.
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L. Relationship of the Parties:
Countrywide and you acknowledge and agree that at all times they stand in the relationship of independent contractors as between each other. These Terms and Conditions are for the sole and exclusive benefit and obligation of the parties hereto and nothing contained herein shall be construed to give
any party, other than Countrywide and you, any legal or equitable right, remedy or claim under or in connection with any provision of these Terms and Conditions. Nothing contained herein shall constitute a partnership or joint venture between Countrywide and you and neither party shall at any time hold itself out to any third party to be an agent or employee of the other.
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M. Severability:
If any clause or provision of these Terms and Conditions shall be deemed invalid or unenforceable for any reason, the remainder of these Terms and Conditions shall remain valid and enforceable in accordance with its terms. The invalidity or unenforceability of any term, clause or provision in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
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N. Waiver:
No waiver of any provision of these Terms and Conditions or of the rights and obligations of the parties shall be effective unless in writing and signed by the party waiving compliance. Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
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O. Successors and Assigns:
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not transfer or assign any of the obligations, rights or interests under these Terms and Conditions without the prior written consent of Countrywide and any attempted or purported assignment without such consent shall be null and void.
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P. Attorneys' Fees:
If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that claim, action or proceeding, in addition to any other relief to which such party may be entitled.
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Q. Governing Law:
These Terms and Conditions shall be governed by the laws of the state of California and, where applicable, by federal law. However, any issue relating to an account or service with Countrywide which you can access through the Site shall be governed by the law(s) specified in the agreement for that account or service, if any, if there is a separate agreement for that account or
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