NESTABLISH.COM TERMS OF USE FOR LOAN OFFICERS

Thank you for your interest in using the Loan Officer services provided by Nestablish.com! The following terms and conditions govern your access to and use of Nestablish.com (the "Website") and the services provided to Loan Officers through the Website and other electronic means (collectively, the "Services"). The Services are provided by Nestablish.com, Inc. ("Nestablish"). This Agreement is between you and Nestablish.

  1. Registration

    1. To use the Services you must create an account by selecting a username and password and providing required identifying information to Nestablish through the Website ("Registration").
    2. The required identifying information includes at least your first and last name, your email address, and the state in which you are licensed and your license number. You must be a licensed Loan Officer in at least one state to use the Services.
    3. This agreement becomes effective on the date you complete Registration.
    4. If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", and "User" refers to such corporate entity.

  2. Fees

    1. Upon Registration, you may use the Services free of charge for the trial period offered to you at the time of Registration. You may only use one trial period, and any attempt to secure additional trial periods constitutes a breach of this Agreement.
    2. After your trial period has expired, you will pay Nestablish fees due for Services purchased at Website at the time you order the Services. You will provide credit card information to Nestablish and authorize Nestablish to charge the fees to that card. Nestablish will charge to your credit card any recurring fees automatically when the fees are due. Fees are non-refundable, even if your Services are suspended or terminated.
    3. If you cancel your account, you will not receive any refund of fees paid, and you will continue to be responsible for any unpaid fees.
    4. Nestablish reserves the right to change or modify its prices and fees at any time, but will not change fees without your agreement. However, Nestablish may terminate your account if you do not agree to a fee change.

  3. Privacy and Access

    1. Nestablish will not share information you provide in conjunction with Registration with any third party, except:
      1. Nestablish may share payment information with financial institutions and payment processors as needed to effect payment of the applicable fees;
      2. Nestablish may provide information in response to any valid legal process, such as subpoenas and court orders, or to establish or exercise its legal rights or defend against legal claims; and
      3. Nestablish may identify you to other Nestablish users when necessary.
    2. You are responsible for the use, accuracy, protection and confidentiality of your logon ID and password and you are responsible for all activities that occur under your logon ID or otherwise in association with your account. You will immediately notify Nestablish of any unauthorized use of your username or account, and of any other unauthorized use of the Services that becomes known to you.
    3. Your Registration authorizes you, personally, to use the Services. You will not allow any unauthorized third parties to access or use the Services.
    4. You will update your contact and payment information promptly if such information changes.
    5. You will not engage in any of the following prohibited uses:
      1. providing information, text, graphics, forms, or other materials (collectively referred to as "Content") to the Services that:
        1. is illegal or promotes illegal activity;
        2. is defamatory, harassing, abusive or otherwise objectionable;
        3. infringes on the intellectual property rights of any third party;
        4. violates the privacy or publicity rights of another User or any other person or entity;
        5. breaches any duty of confidentiality that you owe to another User or any other person or entity;
        6. interferes with the operation of the Website or the Services;
      2. advertising any products or services that compete with Nestablish’s products and services;
      3. using any automated means to access your account;
      4. copying the Website or any utilities provided for use of the Services; or
      5. attempting to access any account for which you are not authorized.

  4. Content Management

    1. The Services enable you to transmit, receive, and update Content and make Content available to real estate agents, homebuyers, and other entities that also use Nestablish (collectively "Users").
    2. You are responsible for identifying the correct Users that should have access to Content pertaining to a specific transaction. Nestablish is not responsible for undelivered or misdirected Content.
    3. Nestablish may, without notice to you or any other Users, remove Content that it deems violates this Agreement.
    4. Nestablish is not responsible for and does not endorse the subject matter of any Content on the Website that is provided by other Users or third parties.
    5. You grant to Nestablish, a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the Content you provide to the Services. The license includes the right for Nestablish to reformat the Content and make the Content available to third parties with which Nestablish partners, according to the terms of use that govern such partnerships, the terms of use between Nestabish and its Users, and Nestablish’s Privacy Policy.

  5. Third Party Information You Provide

    1. You are responsible for the accuracy of any information you provide, including loan information that you enter manually or import, such as from a Fannie Mae 3.2 file or any other formatted loan application file, into the Website, and you are responsible for any loss or damage caused by errors or omissions in the information you provide.
    2. Nestablish will disclose information you provide to other Users according to Nestablish’s Privacy Policy.
    3. Nestablish is not liable for any third party use or disclosure of information you provide.

  6. Representations and Warranties

    You represent and warrant that:
    1. you have sufficient authority to enter into this Agreement;
    2. your use of the Services is solely for lawful purposes;
    3. you have the authority and the necessary rights to provide all information provided under this Agreement;
    4. all data provided by you under this Agreement will be free of viruses or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any copyrighted material, system, system data or personal information; and
    5. you will not engage in any form of spamming or other impermissible marketing activities through your use of the Services, and you will comply with all applicable federal and state laws.

  7. Rights Reserved to Nestablish

    All right, title, and interest in and to the Services, except for Content not provided by Nestablish, are the exclusive property of Nestablish and its licensors. The Services and certain documents and other works generated by Nestablish are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the Nestablish name or any of the Nestablish trademarks, logos, domain names, and other distinctive brand features.

  8. Indemnification

    You agree to indemnify and hold harmless Nestablish and its affiliates, officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys and employees from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claims"), that actually or allegedly result from your use of the Services or your breach of any terms or representations, warranties, or covenants contained in this Agreement.

  9. Disclaimer and Limitation of Liability

    1. Disclaimer

      THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY.

      NESTABLISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

      NESTABLISH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.

    2. Limitation of Liability

      Nestablish is not liable for any loss or damage arising from (a) interruption of Nestablish's system due to problems with your equipment or errors, omissions or delays in communication and transmission lines, (b) data entered into Nestablish's system by another Nestablish user, (c) documents or notifications that are not delivered, or are misdelivered or untimely delivered, (d) documents or notifications that are refused or redirected by email or internet traffic filters, or (e) any occurrence beyond Nestablish's reasonable control. Nestablish's cumulative liability to you for any claim against Nestablish arising out of or related to your use of Nestablish's services shall be in an amount no more than the actual costs you incur as a direct result of an occurrence, less the costs you would otherwise have incurred if the occurrence had not taken place. IN NO CASE SHALL NESTABLISH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF NESTABLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ARISING FROM THIS AGREEMENT.

  10. Termination

    1. Nestablish may terminate this Agreement and suspend or delete your account if Nestablish determines you have breached this Agreement, performed or attempted to perform an illegal act, or breached or attempted to breach Nestablish's security.
    2. Nestablish may delete your account upon termination of this Agreement. Nestablish is not required to retain any information or Content pertaining to a deleted account.
    3. Nestablish will not have any liability regarding any decision to terminate this Agreement or suspend or delete your account.
    4. You may terminate this Agreement at any time by notifying Nestablish in writing.

  11. Additional Terms

    1. The unenforceability of any provision herein will not affect the enforceability of the remaining provisions.
    2. This Agreement will be governed in all respects by the laws of the United States and the State of Arizona, except for its conflict of laws provisions. You and Nestablish agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction will be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney's fees.

NESTABLISH.COM TERMS OF USE FOR REAL ESTATE AGENTS

You have been invited to use the home loan pre-qualification management services provided by Nestablish.com, Inc. ("Nestablish"). This Electronic Agreement ("Agreement") is between you and Nestablish. Please take a moment to review the terms of this Agreement.

1. SCOPE AND ACCEPTANCE OF TERMS. Nestablish’s services include electronically receiving, storing, and transmitting information, notifications, and documents related to home loans and home loan servicing. By entering your digital signature and clicking on the "Sign Electronic Agreement" button at the bottom of the page, you consent to the terms of this Agreement. Further, use of Nestablish’s services also indicates your agreement with these terms and conditions. If you do not want to use Nestablish’s services to transmit or receive information electronically, you should not consent to this Agreement.

2. YOUR RESPONSIBILITIES. Nestablish's services require you to obtain access to the internet and establish an email account. The internet browsing software you use to access Nestablish’s website must support 128-bit secure encryption. You must be able to read electronic documents in the Adobe PDF format. Further, if you wish to retain any such document, you must be able to either download the document to a storage device, or print a hard copy of the document. You are solely responsible for the cost and maintenance of computers and other equipment and services needed to perform these tasks.

You represent and warrant that:

  1. you have the equipment and access capabilities to use Nestablish’s services;
  2. you are responsible for the use, accuracy, protection and confidentiality of your logon ID and password and you will notify Nestablish if you become aware of a theft, loss or unauthorized use of your logon ID and password;
  3. you have the authority to provide any information that you provide to Nestablish, you will provide only information that is truthful and accurate, and you are solely responsible for any loss or damage caused by errors or omissions in the information you provide;
  4. you will not attempt to abuse Nestablish's services by:
    1. providing information, text, graphics, forms, or other materials (collectively "Content") that contains obscene, objectionable, or copyrighted content;
    2. advertising any products or services that compete with Nestablish's products and services;
    3. attempting to pass-off your Content as endorsed by any particular person without that person's consent;
    4. using any automated means to access your account;
    5. copying the Website or any utilities provided for use of Nestablish's services;
    6. attempting to produce documents that you are not authorized to produce;
    7. attempting to access any account for which you are not authorized.

Nestablish reserves the right to terminate your access to its services if it determines, by its sole discretion, that you have abused or attempted to abuse Nestablish's services.

3. CANCELLATION RIGHTS. You may cancel this Agreement at any time by clicking on the "Contact" button on www.Nestablish.com website and filling out the email form. Indicate in the "Questions / Comments" box that you wish to cancel this Electronic Agreement. Nestablish is not obligated to retain any information or to make available to you any notifications or documents relating to your loan after you have canceled this Agreement.

4. OTHER CANCELLATION RIGHTS. Nestablish may cancel this Agreement and your access to Nestablish's services, including its secure website, for any reason.

5. AMENDMENT OF AGREEMENT. Nestablish reserves the right, at any time, to amend the terms of this Agreement or any portion of this Agreement. Nestablish will notify you of any amendments to this Agreement (including any changes in the hardware or software required to access and retain documents) by providing notice to you at your email address or as otherwise allowed or required by law.

6. DISCLAIMERS OF WARRANTIES/LIMITATIONS OF LIABILITY. Nestablish is not liable for any loss or damage arising from (a) interruption of Nestablish's system due to problems with your equipment or errors, omissions or delays in communication and transmission lines, (b) data entered into Nestablish's system by another Nestablish user, (c) documents or notifications that are not delivered, or are misdelivered or untimely delivered, (d) documents or notifications that are refused or redirected by email or internet traffic filters, or (e) any occurrence beyond Nestablish's reasonable control. Nestablish's cumulative liability to you for any claim against Nestablish arising out of or related to your use of Nestablish's services shall be in an amount no more than the actual costs you incur as a direct result of an occurrence, less the costs you would otherwise have incurred if the occurrence had not taken place. IN NO CASE SHALL NESTABLISH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF NESTABLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ARISING FROM THIS AGREEMENT.

NESTABLISH'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY

NESTABLISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO ITS SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM ITS SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NESTABLISH MAKES NO WARRANTY THAT (I) ITS SERVICES WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.

7. RIGHTS RESERVED TO NESTABLISH. All right, title, and interest in and to the Services, except for Content not provided by Nestablish, are and will remain the exclusive property of Nestablish and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the Nestablish name or any of the Nestablish trademarks, logos, domain names, and other distinctive brand features.

8. INDEMNIFICATION. You agree to indemnify and hold harmless Nestablish and its affiliates, officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys and employees from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claims"), that actually or allegedly result from your use of the Services or your breach of any terms or representations, warranties, or covenants contained in this Agreement.

9. PRIVACY POLICY. Nestablish maintains a privacy policy with respect to certain information collected or disseminated through Nestablish's services. You can read this privacy policy by clicking on the link at Nestablish's website. Before you use Nestablish's services you must review and acknowledge Nestablish's privacy policy.

10. DISPUTE RESOLUTION. This Agreement shall be governed in all respects by the laws of the United States and the State of Arizona, except for its conflict of laws provisions. You agree that for any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney's fees.

11. MISCELLANEOUS. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the provision is severable from the other provisions of this Agreement, and the other provisions of this Agreement shall remain in full force and effect. Any delay or omission by Nestablish to exercise any rights under this Agreement shall not be construed to be a waiver thereof. You may not assign this Agreement or any of the rights hereunder without Nestablish's prior written consent.