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Terms of Use

Effective August 1, 2019

This website (this “Site”) is designed and operated by Assurant®, a provider approved by your mortgage servicer. Assurant® by and through certain of our affiliated entities (collectively, “We”, “Us” or “Our”) provides certain services to you via this Site (the “Site Services”). We provide this Site and the Site Services subject to the following Terms of Use.

BY ACCESSING THIS SITE AND USING THE SITE SERVICES, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE OR THE ASSOCIATED SITE SERVICES.

PRIVACY POLICY

Please read Our Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

ELECTRONIC COMMUNICATIONS

When you use this Site or the Site Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. 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.

MODIFICATIONS

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.

OWNERSHIP AND PROPRIETARY RIGHTS

The Site and Site Services and their respective content, features, functionality, visual interfaces, information, graphics, design, compilation, software, and all other elements (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property or the property of Our affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed through the Site or Site Services are proprietary to Us, Our affiliated companies and/or third-party licensors. Except as expressly authorized by Us in the End User License section below, you agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Materials to any other party.

INFORMATION PROVIDED IN CONNECTION WITH THE SITE SERVICES

You agree that any and all information you provide to Us in connection with your use of the Site and Site Services will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.

USAGE RULES AND PROHIBITED CONDUCT

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

  1. use the Site or Site Services to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others;
  2. use the Site or Site Services if you are under the age of 18 years old;
  3. use the Site or Site Services for any commercial or non-private use without Our written consent, it being understood that the Site and Site Services are intended for individual, non-commercial use only;
  4. use the Site or Site Services for any illegal purpose, or in violation of any local, state or national law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  5. include offensive or pornographic materials in any transmission by or through the Site or Site Services;
  6. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  7. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  8. impersonate any person or entity, falsely claim an affiliation with any person or entity;
  9. misrepresent the source, identity or content of information transmitted via the Site or Site Services;
  10. remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Site or Site Services, digital rights management technologies that are integrated in the Site or Site Services, features that prevent or restrict use or copying of any content accessible through the Site or Site Services, or features that enforce limitations on use of the Site or Site Services;
  11. intentionally interfere with or damage operation of the Site or Site Services or any user's use of the Site or Site Services, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  12. attempt to gain unauthorized access to the Site or Site Services, or any part of each, other computer systems or networks connected to the Site or Site Services, or any part of it, through hacking or any other means or interfere or attempt to interfere with the proper working of the Site or Site Services or any activities conducted on the Site or associated with the Site Services; or
  13. use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Site or Services or modify the Site or Site Services in any manner or form, nor to use modified versions of the Site or Site Services, including without limitation for the purpose of obtaining unauthorized access to the Site or Site Services.

REFUSAL AND SUSPENSION OF SITE AND SITE SERVICES

We reserve the right, but have no obligation, to have our systems monitor any user's use of or access to the Site or Site Services and reserve the right to disable any user's use of or access to the Site or Site Services for any reason and without any notice. We reserve the right to refuse or suspend your access to the Site or Site Services for any reason, at any time and without any notice. These remedies are in addition to any other remedies We may have at law or in equity.

USER SUBMISSIONS

The Site and provision of Site Services may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Site Services; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Site Services; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of Us or Our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. We assume no responsibility whatsoever in connection with or arising from User Submissions.

THIRD-PARTY SITES, PRODUCTS AND SERVICES

The Site may include links to other web sites or services solely as a convenience to users. We do not endorse any such linked sites, or the information, material, products or services contained on or accessible through other linked sites (“Third-Party Services”). Furthermore, We make no express or implied warranties with regard to the Third-Party Services that are contained on or accessible through linked sites. Access and use of linked sites, including the Third-Party Services is solely at your own risk. Your use of the Third-Party Services may be subject to the separate policies and terms of use of these third parties.

END USER LICENSES

1. License Grant. We hereby grant you a non-exclusive, non-transferable, revocable license to use the Site to access the Site Services. We also hereby grant you a non-exclusive, non-transferable, revocable license to use the Materials in connection with your personal use of the Site and Site Services.

2. Restrictions. You may not:


3. Open Source. With respect to any open source or third-party code that may be incorporated in the Site or Site Services, such open source code is covered by the applicable open source or third-party license EULA(s) authorizing use of such code.

4. Rights Reserved. The foregoing license grants are not a sale of the Materials or any copy thereof and We and Our third-party licensors retain all right, title, and interest in the Materials. Any attempt by you to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under these Terms of Use.

5. Government End Users. If the Site Services are being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Materials, including without limitation the Site, by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

6. Export Control. The Site and Site Services are subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Site and Site Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Site and Site Services.

VIOLATIONS AND TERMINATION

You agree that We, in the good faith belief that you have violated any of the terms and conditions of these Terms of Use, may terminate any account for the Site or Site Services and remove and discard all or any part of your account at any time. You agree that any termination of your access to the Site or Services or any portion thereof may be affected without prior notice, and you agree that We will not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies We may have at law or in equity.

INDEMNIFICATION AND DISCLAIMER OF WARRANTIES

You agree to indemnify and hold Us, Our affiliates and licensors, and Our and their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third-party claims relating to your use of the Site or Site Services, any third-party site, content, product, or service, or any violation of these Terms of Use, or any other actions connected with your use of the Site or Services or any third-party site, content, product or service (including all actions taken under your account). In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) WE HAVE OFFERED THE SITE AND SITE SERVICES WITHOUT CHARGE TO YOU AND ARE DOING SO IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE AND THAT (I) THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, (II) THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND US, AND (III) WE WOULD NOT BE ABLE TO PROVIDE THIS SITE OR THE SITE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

(B) YOUR USE OF THE SITE, SITE SERVICES, CONTENT, MATERIALS AND THIRD-PARTY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE, SITE SERVICES, CONTENT, MATERIALS AND THIRD-PARTY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(C) WE DO NOT WARRANT THAT THE SITE, SITE SERVICES, CONTENT, MATERIALS OR THIRD-PARTY SERVICES WILL (i) MEET ALL OF YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT ALL ERRORS WILL BE CORRECTED.

(D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SITE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OR FROM THE SITE OR SITE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

(F) WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE, SITE SERVICES OR MATERIALS; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) THE REFUSAL TO PROVIDE YOU WITH ACCESS TO OR TERMINATION OF YOUR ABILITY TO USE THE SITE OR SERVICES; (5) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SITE OR SITE SERVICES; OR (6) ANY OTHER MATTER RELATING TO THE SITE, SITE SERVICES, CONTENT, MATERIALS OR THIRD-PARTY SERVICES.

(G) IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, SITE SERVICES, CONTENT, MATERIALS, OR THIRD-PARTY SERVICES, OR ANY WARRANTIES WE MAY PROVIDE, OR OTHERWISE, EXCEED THE AMOUNTS RECEIVED BY US FROM YOUR MORTGAGE SERVICER FOR PROVIDING YOU THE SITE AND SERVICES TO YOU OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

(H) NOTHING IN THESE TERMS OF USE ARE INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.