e-Eligibility Exchange Terms of Use
E Eligibility Exchange Terms of Use
The resources to which you will have access by using this E Eligibility Exchange provided by the Mortgage Industry Standards Maintenance Organization, Inc. ("MISMO"), a subsidiary of the Mortgage Bankers Association ("MBA")(the "Exchange"), including audio and visual information, data, documents, text, services, and software ("Content"), are provided to you subject to the following Terms of Use. MISMO reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking the "Terms of Use" hypertext link. You periodically should check back and make sure that you have reviewed the most current version of the Terms of Use.
Acceptance of Terms
By using the Exchange to access and use the Content, you acknowledge and agree that you have read, understand and agree to be bound by the provisions of these Terms of Use exactly as if the Terms of Use was printed on paper and signed by you. If you do not agree to be bound by the Terms of Use in its entirety, or do not agree with any later modified Terms of Use, then you must immediately stop using the Exchange. If you access or use the Content in the course of your employment or business, you enter into the Terms of Use both on your own behalf as an individual and in your capacity as an employee, officer, agent, partner, or other agent or representative of the organization that you represent, and references in these Terms of Use to "you" shall mean both you as the individual user of the Exchange and you in your capacity as a representative of your organization.
Use Licenses
Access to the Content is provided to you, in each instance, under one of two licenses, an End-User License and/or Distributor License. You agree to abide by the terms of the applicable license, as set forth below. The license applicable in any usage instance is determined by the usage that you make of the Exchange.
End-User License. If you are an individual or organization who uses the Exchange for its own internal business purposes within the confines of the organization, then your use is subject to this license.
- MISMO hereby grants to you a non-exclusive license to access the eEligibility Exchange to obtain eEligibility Exchange data (state, county, counterparties, etc.) which you may then use for internal business purposes only, subject to these Terms of Use.
- Your access to the eEligibility Exchange, including the eEligibility Exchange data, and the right to use the data for internal business purposes, does not convey to you any right to use the eEligibility Exchange for any other purpose or to sell the eEligibility Exchange data to third parties. The Distributor License below will govern the provision of eEligibility Exchange data to third parties via API integration.
- You agree to the terms of this end-user license with your first use of the eEligibility Exchange on your or your company's behalf.
- MISMO reserves the right to modify this eEligibility Exchange end-user license at any time.
Distributor License. If you are an individual or organization who will use the Exchange (via API or other authorized means) to share eligibility requirements data with third parties, then your use is subject to this license. Data sharing with third parties other than through API or other means expressly authorized by MISMO is strictly prohibited.
- MISMO hereby grants to you a non-exclusive license to integrate with the eEligibility Exchange API in order to obtain eEligibility Exchange data (state, county, counterparties, etc.) for named third parties who may then use such data for internal business purposes only, subject to these Terms of Use.
- Each time you access the eEligibility Exchange via the API on behalf of a third-party, you will provide MISMO with the name of the third-party on behalf of which the data query is being made.
- You will be responsible for notifying each third party for which you submit a data query to the eEligibility Exchange via the API that (a) their use of the eEligibility Exchange data returned to them is for internal business purposes only, and (b) their name is being provided to the eEligibility Exchange (MISMO).
- Except as expressly set forth in this distributor license, your access to the eEligibility Exchange, including the eEligibility Exchange data, and the right to provide the data to third parties for their internal business purposes, does not convey to you any right to use the eEligibility Exchange for any other purpose. The end-user license above will govern any internal use that your company wants to make of the eEligibility Exchange on its own behalf (rather than on behalf of a third party).
- You agree to the terms of this distributor license with your first use of the eEligibility Exchange on behalf of a third party.
- MISMO reserves the right to modify this eEligibility Exchange distributor license at any time.
Privacy and Protection of Personal Information
See the Privacy Policy for more information regarding the collection and use of your personal information.
Content Disclaimers
The information and services offered on the Exchange are provided with the understanding that MISMO, MBA, and any Exchange content suppliers are not engaged in rendering legal or other professional services or advice. Reference to any specific commercial
product, process or service does not constitute or imply any endorsement, recommendation or favoring by MISMO or MBA. MISMO, MBA and all third-party suppliers to the Exchange (referred to in this Disclaimers section collectively as MISMO) assume
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 this Exchange. While MISMO strives to keep the information on the Exchange 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. MISMO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THIS APPLICATION. THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND IS FOR REFERENCE
PURPOSES ONLY. MISMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILIY AND FITNESS FOR A PARTICULAR PURPOSE; OF
CONDITION, QUALITY, DURABILITY, SUITABILITY, AND TITLE; NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MISMO MAKES NO REPRESENTATION
THAT THE APPLICATION, OR THE RESULTS OBTAINED THEREFROM, WILL BE ERROR-FREE, OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT NO CONTAMINATION OF SYSTEMS WILL RESULT FROM USE OF THE APPLICATION. IN NO EVENT SHALL MISMO BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION OR WITH THE DELAY OR INABILITY TO USE THE APPLICATION, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH
THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MISMO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY
LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MISMO, WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, ALL CONTENT, AND ALL SERVICES, EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS. 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. You acknowledge and agree that nothing in this Agreement constitutes an undertaking by MISMO
to provide any Content or to continue providing any Content, or any aspect or portion of the Content, in the future. MISMO may, in its sole discretion, update, enhance, add to, or make any other changes to any aspect of the Exchange or remove Content
without notice. All updates, enhancements, additions, and other changes to the Exchange are subject to the Terms of Use.
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 from time to time by MISMO, and you 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.
No Unlawful or Prohibited Use
As a condition of your use of the Exchange, you will not use the Content or access the Exchange 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 Exchange, or otherwise prohibited by these terms, conditions, and notices in the Terms of Use and the Privacy Policy. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available
through the Exchange. Without limiting the generality of the foregoing, you will not directly or indirectly (a) reverse engineer, decompile, disassemble, translate, modify or attempt to replicate the Exchange, (b) attempt to access, create or derive the source code for the Exchange, (c) develop, support or use software, devices, scripts, robots or any means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Exchange, or (d) override any security feature or bypass or circumvent any access controls or use limits of the Exchange.
Links to Third Party Sites
Links on the Exchange may let you leave the Exchange. Such links are provided solely as pointers to services or information on topics that may be useful to visitors to the Exchange, and MISMO has no control over the content on such linked sites (or any
link contained in a linked site). If you choose to link to a site or content 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.
Links to sites not operated by MISMO do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. MISMO also advises
you to examine the terms of use and privacy statements of any third-party web site.
Proprietary Rights
Except for reference materials in the public domain, e.g., statutes, regulations, and governmental reports, all Exchange Content (as well as the organization and layout of the Exchange) are owned and copyrighted by MISMO or its suppliers. © Copyright 2022 Mortgage Industry Standards Maintenance Organization, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted Content is permitted without the written permission of MISMO.
Arbitration
By accessing the Exchange and using the information therein available, you agree with MISMO, MBA, its service providers, their affiliates, parents, subsidiaries and any other content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute ("Claim"), you may have against or with any of these persons or entities, whether related to the Terms of Use or the Privacy Policy, the purchase of any product or service or to the Content, 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 thereof. 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 agreement is 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 applicable substantive law, 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 Section applies to all Claims now in existence or that may arise and shall survive the termination of any dealings with us. For the purposes of this Arbitration Section, "we" and "us" means MISMO, its parent, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the Exchange 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 Section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION SECTION 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.
Trademarks
Except as indicated, MISMO owns all trademarks, service marks, certification marks, and logos featured on this site, including the terms "MISMO," "MISMO eEligibility Exchange," and the "Mortgage Industry Standards Maintenance Organization." Use of these marks without the express written permission of MISMO is expressly prohibited. The name "Snapdocs" in the tagline, "MISMO eEligibility Exchange, Powered by Snapdocs," is owned by Snapdocs, Inc. and may not be used without the express permission of Snapdocs, Inc. You will not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or in connection with the Exchange.
Force Majeure
Notwithstanding any other term or condition of the Terms of Use, MISMO shall not be obligated to perform or observe its obligations undertaken in the Terms of Use if prevented or hindered from doing so by circumstances beyond its control.
Indemnification
You will indemnify and hold harmless MISMO and Snapdocs, Inc.
Term and Termination.
Upon notice to you, MISMO may terminate the Terms of Use and your access to the Exchange, at any time and for any reason including, but not limited to, your breach of any term of the Terms of Use.
Headings
Section headings are included for convenience only and are not to be used to construe or interpret the Terms of Use.
Waiver and Severability
No failure on the part of MISMO or you to exercise and no delay in exercising any right, power, or privilege under the Terms of Use shall operate as a waiver thereof. If the exercise of any right, power or privilege shall to any extent be held invalid or unenforceable, the remainder of the Terms of Use shall not be affected thereby. Each term and provision of the Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
Governing Law
The Terms of Use shall be deemed to have been made in the United States in the District of Columbia and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the District of Columbia, without reference to principles of conflicts of laws thereof.
Jurisdiction and Venue
In the event of any court litigation arising under or related to the Terms of Use, the Exchange and the Content, MISMO and you irrevocably consent to the exclusive jurisdiction of, and venue in, the courts, local and federal, of the District of Columbia and submit to the personal jurisdiction of the courts located the District of Columbia.
Entire Agreement
The Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, communications, writings, and understandings. MISMO may modify the Terms of Use from time to time. If you do not agree to the modifications, stop using the Exchange and accessing all Content. Your continued use of the Exchange after the effective date of any modifications means that you agree to the modifications. If any provision of the Terms of Use is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Conflict
In the case of any conflict between the Terms of Use and any additional terms and conditions to which you may agree by accessing or using specific Content, the additional terms and conditions relating to the specific Content will control in connection with your access to or use of that Content.
Notices
All notices and other communications under the Terms of Use shall be in writing and shall be directed to MISMO at the address below or to you at the email address or postal address provided by you, if any. Notice shall be deemed to have been duly given
upon actual receipt by a party, or upon constructive receipt if sent by certified mail, postage pre-paid, return receipt requested, at such address or any other address, as any party hereto shall hereafter specify by Notice to the other party hereto.
Address and Phone Number of MISMO
MISMO 1919 M Street NW, 5th Floor Washington, DC 20036 (202)557-2700