Last revised: December 5, 2019
In some instances, additional or different terms, posted on the website or when you are using a Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.
A. Ownership. The Servicing Solutions logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection, compilation, assembly, enhancement and arrangement thereof (collectively, “Content”) are the proprietary property of SS, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Content also includes all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”).
B. Your Rights to Use the Service and Content.
(i) Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate if there are any violations of these Terms and the Additional Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.
(ii) Unauthorized use of our Service, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by SS.
C. Rights of Others. In using the Service, you must respect the intellectual property and rights of SS and others. Your unauthorized use of content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.
E. Reservation of all Rights Not Granted as to Content and Service. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY SS AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any content or the Service for any purpose is prohibited.
2. USER INFORMATION
A. If you elect to become a registered user of our website or any of our systems, you agree to provide us with true, accurate and complete information about yourself, your company and any third party for whom you provide information (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this website. You agree not to share any password for an account you have created and agree not to allow a third party other than yourself to use or access your account with or without permission. SS reserves the right to cancel your account should you violate any provision of these Terms and Conditions, or any other posted policy on the website.
B. If you use our website through an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel requests in its sole discretion in the event improper activity in violation of these Terms and Conditions is suspected or detected. Accounts are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the website; (b) maintain the security of your user identification, password, personal information, and any other confidential information relating to your account; (b) notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password; (d) take responsibility for all charges resulting from use of your account, including unauthorized use prior to your notifying SS of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (e) update your personal information including email address, as appropriate.
A. General. All information submitted to SS via this site (“Submissions”) shall be deemed and remain the property of SS and SS shall be free to us, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides SS through this site. SS shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed to by SS in writing or as required by law.
C. You hereby grant SS, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to Submissions.
4. SERVICE USE RESTRICTIONS
You agree that you will not: (i) use the Service for any political or improper purpose; (ii) use any meta tags or any other “hidden text” without prior express written consent from SS; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to SS; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, SS, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to anything herein; (vii) misuse any non public personal information , as defined by the Gramm Leach Bliley Act, any personal information, as defined by the California Consumer Privacy Act, or any other confidential or proprietary information that is subject to legal or regulatory protection; or (viii) otherwise violate these Terms or any applicable Additional Terms.
In its sole discretion and without advance notice or liability, SS may immediately suspend or terminate the availability of the Service and/or Content, in whole or in part, for any reason.
(I) Username and Password. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your username, password and other information necessary to access the Service. Usernames and passwords must be personal and unique.
(ii) Registration Information. You are solely responsible for your registration information and for updating and maintaining it.
(iii) Notification of Breach. You must immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights, if applicable.
(iv) Accounts may only be set up by an authorized representative of an entity or adult of legal age with the legal capacity to enter into this agreement.
6. NO WARRANTY
The information and materials contained in this site, including text, graphics, links or other items and the Service are provided “as is”, “as available.” SS does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. SS works hard to accurately describe our products or services; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, in the event of any errors relating to the pricing, availability, or specifications, SS shall have the right to refuse or cancel any Service in its sole discretion.
8. LIMITATION OF LIABILITY
In no event will SS be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SS, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
9. ARBITRATION AND DISPUTE TERMS
(i) Any dispute, claim or controversy (collectively the “Controversy”) arising out of or related to these Terms or Additional Terms, the breach hereof, the termination, enforcement, interpretation or validity hereof or any other matter related directly or indirectly to this Agreement shall be settled by binding arbitration in Irving, Texas, in accordance with the rules of The American Arbitration Association (“AAA”) . Judgment entered upon the award rendered may be enforced by appropriate judicial action pursuant to Texas law. The arbitration panel shall consist of a single arbitrator agreed to by each party hereto within thirty (30) days following notice by one party that it desires arbitration. If the parties are unable within such thirty (30) day period to agree upon an arbitrator, then the arbitrator shall be selected by the AAA, which arbitrator shall be experienced in the area of general business contracts and litigation and who shall be knowledgeable with respect to the subject matter area of the Controversy. The losing party shall bear any fees and expenses of the arbitrator, other tribunal fees and expenses, reasonable attorneys’ fees of both parties, any costs of producing witnesses and any other reasonable costs or expenses incurred by such losing party or the prevailing party. The arbitrator shall render a decision within thirty (30) days following the close of presentation by the parties of their cases and any rebuttal. Judgment on the award may be entered in any court having jurisdiction. The parties shall agree within thirty (30) days following selection of the arbitrator to any prehearing procedures or further procedures necessary for the arbitration to proceed, including interrogatories or other discovery. BY EXECUTING THIS AGREEMENT, EACH PARTY HERETO IS AGREEING TO HAVE ALL DISPUTES DECIDED BY NEUTRAL ARBITRATION, IS GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE SUCH DISPUTES LITIGATED IN A COURT OR JURY TRIAL, AND IS GIVING UP ITS JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF EITHER PARTY HERETO REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, IT MAY BE COMPELLED TO ARBITRATE. BY EXECUTING THIS AGREEMENT, EACH PARTY HERETO HEREBY CONFIRMS THAT ITS AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
10. CHOICE OF LAW.
These Terms and any applicable Additional Terms, and any other claim brought by you against SS or by SS against you will be governed by, construed, and resolved in accordance with, the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. Section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and SS agree that we intend that Section 8 satisfies the “writing” requirement of the Federal Arbitration Act. Sections 8 and 9 can only be amended by mutual agreement. Either party may seek enforcement of Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
11. WAIVER OF CLASS ACTIONS.
As permitted by applicable law, both you and SS waive the right to bring any Controversy as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Controversy brought by anyone else. The arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Controversy of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of Sections 8, 9 or 10 are found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
12. UPDATES TO TERMS
A. It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.
14. SEVERABILITY AND INTERPRETATION
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
We may assign our rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of SS.
When you visit SS’s website or create an account on this website you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, SS may deliver communications (including legal notices) to you at the street address you have provided to us. Finally, SS may deliver communications to you by any means set forth in any other policy or notice published on the website.
17. ONLINE CONDUCT
You acknowledge that all content posted, emailed or otherwise transmitted to or on SS’s website and SS social media pages (Facebook, Twitter, Google+, Instagram, Pinterest, YouTube, etc.), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the website. We do not control the Postings posted, emailed or otherwise transmitted on the website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You understand that by using the website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the website. That said, we do not condone or support any offensive Postings or material and reserve the right, at our sole discretion, to remove any Postings that SS find inappropriate.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or SS in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
You may contact us by mail at Servicing Solutions, LLC, 3660 Regent Boulevard, Suite 200, Irving, Texas 75063, Attn: Customer Service (provide your first and last name, user name and email address); or by phone at (855) 661-3310.