MISMO Web Site Terms of Use

Welcome to the MISMO Web Site. These Terms of Use are provided by the Mortgage Information Standards Maintenance Organization, Inc., a Delaware corporation, located at 1919 Pennsylvania Avenue, N.W. Washington, D.C. 20006 (“MISMO"). These Terms of Use will govern your use of mismo.org, MISMO Sharepoint®/Teamsite (http://sharepoint.mismo.org) MISMO’s online collaboration platform Connect™, and the MISMO Wiki (http://wiki.mismo.org) (together, the “MISMO Web Site”), to access all the audio and visual information, documents, text, software, services, and features contained or made available to you on or through access to the MISMO Web Site ("Content") provided by MISMO, including Content made available through the MISMO Listservs, the MISMO Sharepoint®/Teamsite, Connect, and MISMO Wiki.

1. Background

1.1. Use of the MISMO Web Site Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent) in connection with any use of or access to the MISMO Web Site. When you access or use the Content, you enter into this Agreement both on your own behalf and, if such access or use is in the course of your employment or business, as an employee, officer, agent, partner, etc. of the organization that you represent, and references in this Agreement to "you" shall mean both you as the individual user of the MISMO Web Site and you in your capacity as a representative of your organization. By using the MISMO Web Site to access the Content, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the MISMO Web Site.

1.2 Additional Terms, Policies, Statements, and Procedures. In addition to these Terms of Use, use of the MISMO Web Site is subject to the Antitrust Policy, Intellectual Property Rights Policy (“IPR Policy”), the MISMO Policies and Procedures, the Privacy Statement and such other policies as MISMO may from time to time post to the MISMO Web Site. The terms of all such documents are incorporated in these Terms of Use by reference and are legally binding in accordance with paragraph 1.1 above. In the event of any conflict, the various policies shall govern in the following order: the MISMO Policies and Procedures, Antitrust Policy, IPR Policy, Privacy Statement, and this Terms of Use. MISMO policies are posted at on the Policies and Procedures page.

1.3 Business or Employment Use. Except as provided in the IPR Policy, any End-User or Work-Group license, MISMO Alliance Agreement, or as otherwise explicitly permitted by MISMO, you may not use the Content for any commercial use or standards setting activity.

1.4 No Unlawful or Prohibited Use. As a condition of your use of this MISMO Web Site, you will not use the Content or access the MISMO Web Site 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 MISMO Web Site, or otherwise prohibited by these terms, conditions, and notices. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site. Subject to the MISMO Policies and Procedures, MISMO reserves the right to suspend or terminate your use of the MISMO Web Site if MISMO reasonably believes that your conduct fails to conform to these Terms of Use. Without limiting the generality of the foregoing, you agree that you will not, under any circumstances, submit material to the MISMO Web Site that:

i. Misrepresents your identity or falsely states or otherwise misrepresents your affiliation with any person, through the use of similar email addresses, nicknames, creation of false account or similar device;

ii. is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to submit it;

iii. reveals trade secrets, unless you own them or have the permission of the owner;

iv. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; or

v. contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.

2. Risks of 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 or required by MISMO from time to time, and 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.

3. Content Changes. Content may be changed or updated without notice.

4. Content Disclaimer. MISMO assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on the MISMO Web Site. While MISMO strives to keep the information on the MISMO Web Site 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 found at the MISMO Web Site. Some information on or obtained through, the MISMO Web Site, including information distributed through the Listserv, Sharepoint®/Teamsite, Connect™, and Wiki is provided by third parties. MISMO assumes no responsibility whatsoever for such third-party information. MISMO has no obligation to monitor information transmitted by Listserv, Sharepoint®/Teamsite, Connect, and Wiki users. MISMO does not control information posted by Listserv, Sharepoint®/Teamsite, Connect, and Wiki users and does not guarantee the accuracy, integrity or quality of information posted by such users. Information on the MISMO Web Site about a third party or a third party’s products or services does not indicate that MISMO endorses such third party services or products or that MISMO has any relationship with such third party. MISMO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THE MISMO WEB SITE. THE CONTENT AND THE MISMO SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND. MISMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, AND MERCHANTABILITY; WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND 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 WEB PAGES WILL BE ERROR-FREE, OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT NO CONTAMINATION OF SYSTEMS WILL RESULT FROM USE OF THE WEB PAGES. IN NO EVENT SHALL MISMO, ITS AFFILIATES, OR SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MISMO WEB SITE OR WITH THE DELAY OR INABILITY TO USE THE MISMO WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE MISMO WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MISMO WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MISMO, ITS AFFILIATES OR SPONSORS HAVE 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 MISMO WEB SITE, 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. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. MISMO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME. All changes, updates, and enhancements to the Content are subject to these Terms of Use.

5. Links to Third Party Sites. MISMO may link to independent, third-party content considered relevant and valuable to our audience. The views and opinions expressed in any third-party sites do not necessarily reflect the views of MISMO, its members or its sponsors. MISMO makes no representations whatsoever about any other web site, which you may access through this one. When you access a third-party web site, even one that may contain MISMO’s logo, please understand that it is independent from MISMO, and that MISMO has no control over the content on that web site. In addition, a link to a third-party web site does not mean that MISMO endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. If you choose to link to a Web site 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.

6. Links to other MISMO sites. In addition to the MISMO Web Site, MISMO operates other sites to which the MISMO Web Site may be linked, such as MXCompliance.mismo.org. Because of the specialized content and services provided through other MISMO sites, such sites may be subject to separate or additional policies, terms of use and other conditions. Users are advised to carefully review all applicable policies, terms, and conditions when linking to any third party or other MISMO site.

7. Privacy and Protection of Personal Information. See the MISMO Privacy Policy for information regarding the collection and use of your information.

8. Proprietary Rights. Except where attribution is given to a third party, all materials on this site (as well as the organization and layout of the site) are owned and copyrighted by MISMO. © Copyright 2007 Mortgage Information Standards Maintenance Organization, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted except as provided in the IPR Policy, any End-User or Work-Group license, the MISMO Alliance Agreement. or as otherwise explicitly permitted by MISMO. Microsoft and SharePoint are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

9. Arbitration. By accessing the MISMO Web Site and using the information therein available and/or by using any services made available through the Web Site, including without limitation, the Listserve Services, you agree with MISMO, its service providers, their respective affiliates, parents, subsidiaries and any other content provider on this site or through any other associated activity, that any claim or dispute ("Claim") you may have against or with any of the aforementioned persons, whether related to the services provided at, or to the content on, the MISMO Web Site, 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 over such party. 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 provision is agreed to and 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 existing substantive law of the State of New York, without regard to its choice or conflict of laws provisions, 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 provision applies to all Claims now in existence or that may arise and shall survive the termination of any dealings between you, MISMO, and the persons named above.

For the purposes of this arbitration provision, "MISMO" means its parent, MBA, subsidiaries, affiliates, licensees or sublicensees, predecessors, successors, assigns of MISMO and MBA and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "MISMO" shall mean any third party providing benefits, services, or products in connection with the MISMO Web Site 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 provision is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this arbitration provision shall be enforceable without regard to such invalidity or unenforceability.

THE RESULT OF THIS ARBITRATION PROVISION 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.

10. Miscellaneous. MISMO may at any time revise these terms by updating this posting. By using this MISMO Web Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. MISMO’s failure to insist upon strict enforcement of any provision in these Terms of Use shall not be construed as a waiver of any provision or right.

MISMO may modify these Terms of Use from time to time and at any time. You can determine whether these Terms have been updated since you last reviewed it by checking the "Last Updated On" date at the top of these Terms of Use.