BY CLICKING THE “I ACCEPT” BUTTON, YOU, ON BEHALF OF YOURSELF AND ANY BUSINESS ENTITY FOR WHOM YOU ARE, DIRECTLY OR INDIRECTLY, ACTING (COLLECTIVELY, “YOU”), EXPRESSLY CONSENT AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU (1) SHOULD NOT CLICK THE “I ACCEPT” BUTTON, AND (2) MAY NOT USE THE APPLICATION.
The terms and conditions of this Agreement govern your use of the nu62® Application (the “Application”) made available to you through the application services that Generation Mortgage Company (“Generation”) hosts and maintains (the “Application Services”) for your access through the Internet.
By clicking “I Accept,” You authorize Generation to have a representative call you at the telephone number you provided.
Subject to the terms and conditions of this Agreement, Generation hereby grants to you a non-exclusive, non-sub licensable, non-transferable and non-assignable, limited right and license (“License”) to access and use the Application and the Application Services only in order to perform home equity conversion mortgage calculations to consider obtaining a conversion mortgage from Generation and for no other purpose. You shall not use the Application or the Application Services if you are a competitor to Generation, or to compete with Generation. You acknowledge that damages to Generation as a result of unauthorized use are difficult to ascertain. Therefore, you will be liable to Generation for damages in amount of not less than $1,000 per use by a competitor or use of the Application to compete with Generation. If You are a partner with Generation and You engage in the unauthorized use of the Application to compete with Generation or for the benefit of a competitor of Generation, You will be subject to the referenced damages and Your Broker Agreement, Closed Loan Seller Agreement or Hybrid Closed Loan Seller Agreement (“Partner Agreement”) with Generation may be terminated.
You will notify Generation immediately of any suspected security breach regarding transmissions to or from the Application Services. Generation may suspend your access to the Application Services, or restrict any use of the Application Services or the Application, if, and so long as, in Generation’s sole judgment, there is a security risk that may interfere with the proper continued provision of the Application or the operation of the Application Services.
You authorize Generation to share your personal information, such as your email address, deviceID, model, ip address, login time and duration information, etc., with its security tracking vendor in order for Generation to track usage of nu62®. Neither Generation nor any of its vendors or affiliates will share or sell your information. If you do not authorize Generation to share your personal information with its security vendor, do not click on “I Accept.”
In accepting this License, You agree not to, directly or indirectly, cause or permit the: (a) use, disclosure, copying, or modification of the Application, except as expressly provided in this Agreement; (b) reverse engineering, disassembly, decompilation, rental, lease, or transfer of the Application; (c) use of the Application for any unlawful purpose or in furtherance of any unlawful purpose; (d) use of the Application to disseminate, store, or transmit files, graphics, software or other material that is defamatory, libelous, obscene, unlawfully threatening or harassing, or that infringes the intellectual property rights or other proprietary rights of a third party; (e) transmission to or through the Application of any virus, software program, segment of code or other programming design, instruction, or routine that permits unauthorized access to the Application or the Application Services and that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any of the foregoing; (f) use of or distribution through the Application or the Application Services of any software, files or other tools or devices designed to interfere with, bypass or compromise the privacy, security or use of the Application, Application Services or the operations or assets of Generation Mortgage or any other user of the Application or any other person or entity; (g) bypassing of or attempt to bypass any security features, launching of denial of service attacks, disabling of security devices or other gain of or attempt to gain unauthorized access to the Application or Application Services or any network, servers, data, computers or other hardware or software relating to or used in connection with the Application or Application Services; or (h) removal, obscuring or alteration of any copyright notice, trademark or other proprietary rights notices or disclaimers affixed to or contained within the Application or Application Services.
Generation retains all right, title and interest in the Application and all modifications and derivative works of the Application, including, without limitation, all rights to patent, copyright, trade secret and trademark. The Application is the proprietary property of Generation. You may not remove any proprietary, copyright or trade secret legend from the Application. You will not make available or disclose the Application, in whole or in part, to any third person or entity.
You consent to receive notices and other communications (“Communications”) from Generation by electronic or written means in connection with your use of the Application. A Communication from you is received only when Generation electronically acknowledges receipt following application of its security procedures. You have a duty to review the Communications submitted by you and accessible to you through the Application Services and to identify any error with respect to any Communication that was not authorized by you, or otherwise sets forth improper or inaccurate information not consistent with the Communications transmitted by you to Generation for any reason.
Generation or its third party licensors own all right, title and interest in and to the Application Services, and you waive any rights, or any claim in any rights, in or to, and will not take any action inconsistent with Generation’s rights in, the Application Services.
THE APPLICATION AND THE APPLICATION SERVICES, INCLUDING WITHOUT LIMITATION, ALL DATA, INFORMATION AND CONTENT, PROVIDED TO YOU BY GENERATION, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. GENERATION MAKES NO OTHER WARRANTIES IN RESPECT OF ANY MATTER, INCLUDING WITHOUT LIMITATION, THE APPLICATION OR ANY APPLICATION SERVICES, AND EXPLICITLY DISCLAIMS ALL OTHER W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE W ARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENT. GENERATION WILL NOT BE RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE, SERVICE OR HARDWARE GENERATION MORTGAGE PROVIDES OR USES IN CONNECTION WITH YOUR ACCESS TO THE APPLICATION OR THE APPLICATION SERVICES. GENERATION DOES NOT WARRANT THAT (A) THE OPERATION OF THE APPLICATION OR THE APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) ANY DEFECT OR MALFUNCTION IN THE APPLICATION OR APPLICATION SERVICES IS CORRECTABLE OR WILL BE CORRECTED.
In consideration for your access to the Application and/or the Application Services, you hereby release Generation and its officers, employees, agents and affiliates (collectively, the “Generation Mortgage Parties”) from all claims, demands or damages for losses, including attorneys’ fees and costs. Under no circumstances will any of the Generation Mortgage Parties be liable for direct, indirect, special, incidental or consequential damages, including without limitation, lost profit or loss resulting from business interruption arising out of or relating to this Agreement or your use of the Application or the Application Services even if Generation has been advised of the possibility or likelihood of such damages. No Generation Party will be liable for any delay, loss or damage attributable to any service, product or action of any other entity or person.
You will defend, indemnify and hold Generation and the Generation Parties harmless from and against any and all claims, losses, damages, liabilities, obligations, judgments, causes of action, costs, charges and expenses (including, without limitation, reasonable attorneys’ fees) arising out of (a) any breach or alleged breach by you of this Agreement; (b) any failure of yours to comply with the requirements of, or obligations imposed by, any third party; and (c) any negligence, or willful or reckless actions or misconduct by you in your use of the Application and/or the Application Services.
You will excuse Generation from delays in performing or from its failure to perform under this Agreement to the extent that the delays or failures result from causes beyond the reasonable control of Generation.
The license granted by this Agreement is perpetual, unless earlier terminated by either Generation or You. Generation may terminate this Agreement without notice at the end of your subscription term, if you violate its terms, or if it ceases providing the Application or Application Services. Upon termination of this Agreement, You will cease all use of the Application and the Application Services and delete from all of your computer systems all whole and partial copies of the Application. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 will survive the termination of this Agreement for any reason.
Generation reserves the right to charge a subscription or other fee for the use of the Application upon expiration of any initial free trial period. Generation also reserves the right to shorten or extend any free trial period of the Application upon notice to You.
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to its conflict of laws principles. If applicable, each of Generation and you expressly opt out of the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods. Your use of the Application is not authorized in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement. This Agreement constitutes the complete and entire agreement between You and Generation with respect to usage of the Application or Application Services and supersedes any prior or contemporaneous agreements or understandings between You and Generation, whether oral, written or electronic, regarding the subject matter of this Agreement. No waiver of any provision of this Agreement, or any rights or obligations of either party under this Agreement, will be effective, except pursuant to a written or electronic record authenticated by the party or parties waiving compliance, and any such waiver will be effective only in the specific instance and for the specific purpose stated in such record. If any term or provision of this Agreement is held to be invalid, void or unenforceable, then the remainder of this Agreement will not be affected, impaired or invalidated, and each such term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. You will comply with all laws, rules and regulations that may be applicable to your use of the Application and your receipt of the Application Services. You will not assign, convey, transfer, subcontract or delegate this Agreement or any of your rights, duties or obligations hereunder without the express, prior consent of Generation pursuant to a written or electronic record. All notices must be in writing or in an electronic record and will be deemed duly given when sent by registered or certified mail (return receipt requested) or when sent by facsimile or electronic mail. Notices to Generation may be sent to:
Generation Mortgage Company firstname.lastname@example.org
All notices to you will be addressed to your last known post office, facsimile or electronic mail address. All notices will be directed to the parties at the respective addresses set forth in this Agreement or to such other address as either party may, from time to time, provide to the other party in accordance with this notice provision.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.