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YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE OPTIMAL BLUE, LLC, IN CONNECTION WITH THESE SERVICE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE OR THE SERVICES.

TERMS OF USE

WEBSITE OWNERSHIP

This website is owned and operated by Optimal Blue, LLC, 5340 Legacy Place Suite 250, Plano, TX 75024 which is referred to below as "Optimal Blue, LLC" or "we" or "us" or "Company" or "our."

PERMITTED USE

You agree that:
  1. your use of this website is subject to and governed by these Terms of Use,
  2. you will only access or use this website and transact business with us if you are at least 18 years old,
  3. you will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website,
  4. each use of this website by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and
  5. these Terms of Use are a legally binding agreement between you and Optimal Blue that will be enforceable against you.
You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage lending and banking related business with Optimal Blue as a bona fide client of Optimal Blue; you may not use or attempt to use this website or any part of this site for any purpose:
  1. that interferes with or induces a breach of the contractual relationships between Optimal Blue and its employees,
  2. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
  3. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications,
  4. that transmits any harmful or disabling computer codes or viruses,
  5. that harvests Email addresses from this site,
  6. that transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on this website,
  7. that interferes with our network services;
  8. that attempts to gain unauthorized access to our network services,
  9. that suggests an express or implied affiliation with Optimal Blue or broker relationship with Optimal Blue (without the express written permission of Optimal Blue),
  10. that impairs or limits our ability to operate this website or any other person's ability to access and use this website, and/or
  11. that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with Optimal Blue as a bona fide client of Optimal Blue.
  12. that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  13. that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  14. that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  15. that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
  16. that dilutes or depreciates the name and reputation of Optimal Blue or any of its affiliates;
  17. that transmits or uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or
  18. that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

ACCESS TO THIS WEBSITE

Optimal Blue reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.

USE OF THIS WEBSITE

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.

INTELLECTUAL PROPERTY RIGHTS

Any and all content trademarks, service marks, logo, emblems, slogans, design and/or other item of indicia appearing on this website are the property of Optimal Blue, licensees, content provider or their respective owners.

Web Page Content: You acknowledge and agree that:
  • all content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
  • all rights associated with the Web Page Content are owned by Optimal Blue, its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or Email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
  • in or as any meta-tag or hidden text;
  • in or as part of any contextual marketing directory, index, or triggering term;
  • as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
  • as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's website or controls the content of any other Internet browser window.
Submissions: You acknowledge and agree that all submissions to Optimal Blue containing any comments, improvements, suggestions, testimonials, image, likeness, works, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Optimal Blue’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

LINKING

Not Responsible for Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, Optimal Blue does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that Optimal Blue will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. No Advertising / No Links. Optimal Blue does not permit third-party advertising on this website. Except with the written permission of Optimal Blue, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

REVISIONS AND MODIFICATIONS

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by an authorized employee of Optimal Blue.

LOCATION

You understand and acknowledge that Optimal Blue controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

USER IDs AND PASSWORDS

Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify Optimal Blue immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

SUBSCRIPTION

Access and use of the website and/or services are licensed on a monthly subscription basis. You may subscribe either to individual MSA’s (“MSA Based”) or to a fixed number of monthly searches (“Search-Based”) across all MSA’s. Access to the website and/or services will begin after your acceptance of these Terms of Use. A Search-Based subscription also requires a separate contract addendum. When you subscribe to the website your account on file with us will be charged for the full month, and will be automatically charged at the beginning of each month at the then-current subscription rate to maintain access to the Site. Availability and favored pricing for this service is contingent upon your remaining a client in good standing of Optimal Blue’s Product and Pricing Eligibility Service.

TERMINATION

You may terminate an MSA-Based subscription at any time by removing previously subscribed MSA’s from your shopping cart in the Settings page, however, there will be no refunds or credits. Termination of a Search-Based subscription will be governed by the contract addendum. Access to a terminated MSA will continue through the end of the calendar month in which it was cancelled. You cannot terminate your subscription through telephone or email. Failure of Optimal Blue’s ability to process your subscription fee does not constitute termination, and you shall be liable for all unpaid subscription fees until you have terminated your subscription. Notwithstanding the foregoing, Optimal Blue may suspend your access to the website and/or services upon your failure to pay the subscription fee.

PRIVACY AND SECURITY

For information on how Optimal Blue uses and protects the personal information that you may provide through this website, please visit: Optimal Blue Security and Privacy Policy

INDEMNIFICATION

If you make any unauthorized use of this website, services, or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify Optimal Blue and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of Optimal Blue and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this website or services and/or your breach/violation of or failure to comply with the Terms of Use.

DISCLAIMERS

THE SERVICES, WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPTIMAL BLUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OPTIMAL BLUE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. OPTIMAL BLUE HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT OPTIMAL BLUE IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE, SERIVCES, OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE AND SERVICES, OPTIMAL BLUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPTIMAL BLUE MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE AND SERVICES WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE AND SERVICES WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT OPTIMAL BLUE, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE OR USING THE SERVICES.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL OPTIMAL BLUE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, SERVICES OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT OPTIMAL BLUE SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OPTIMAL BLUE’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU IN THE MONTH PREVIOUS TO THE CLAIM, IF ANY, IN ACCESSING OR USING THIS WEBSITE, SERVICES, OR WEB PAGE CONTENT THEREON.

COMMUNICATIONS WITH COMPANY

Email: support@optimalblue.com

Time Sensitive Instructions: When communicating with us through this website, PC-talk, chat or via Email, do not use the website, PC-talk, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your services. Such instructions may not be honored. All transactions conducted on this website, PC-talk, chat or via Email, must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature: General communications through this website, PC-talk, chat or via Email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to these Terms of Use by checking the box upon signing up is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the website, PC-talk, chat Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

CONTACT METHODS

Agreement to calls and information sharing: If you submit any information to Optimal Blue through this website, services, or otherwise, you understand and agree that we may share the information that you provide, including, with our affiliates and/or third parties. You authorize Optimal Blue to share your information, either as provided by you or as corrected by us. You acknowledge that Optimal Blue is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, are determined by the affiliates and that Optimal Blue does not endorse, warrant, or guarantee the products or services of any of its affiliates or third parties. Nothing in these Terms of Use or on this website constitutes an offer. You agree that Optimal Blue shall not be liable for any damages or costs which arise from your use of the affiliates’ or third parties’ goods or services.

APPLICATION OF ADDITIONAL TERMS

You acknowledge that certain features of this website, as well other products and services of Optimal Blue, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.

AGREEMENT TO PROVIDE ACCURATE INFORMATION

In making an inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which Optimal Blue may rely.

GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in Collin County, Texas, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

COPYRIGHT INFRINGEMENT

Optimal Blue is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Optimal Blue infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on the website infringes a copyright, or any valid intellectual property right, please provide the following information to Optimal Blue’s DMCA Agent.

A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Website;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Optimal Blue’s DMCA Agent, who can be reached as follows:

By Mail:
Optimal Blue
Attn: Legal
5340 Legacy Place, Ste 250
Plano, TX 75024
By E-Mail: support@optimalblue.com

Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@optimalblue.com or write us:

By Mail:
Optimal Blue
Attn: Legal
5340 Legacy Place, Ste 250
Plano, TX 75024