Terms of Use

 

Terms of Use

Essent Guaranty, Inc., and its U.S. based affiliates (collectively, "Essent") provides this website (the "Site") for informational purposes only, subject to the following Terms and Conditions of Use, which may be updated by Essent from time to time without notice. This Site provides you with certain services, including but not limited to, access to information about the products and services offered by Essent, and may provide you with information regarding other financial and consumer services and products offered by other third party providers ("Providers"). Use of this Site and the services are subject to the Terms and Conditions of Use and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all geographic areas of the United States or in all countries where Essent companies conduct business. By using the Site, you agree to abide by all of the terms and conditions set forth in this notice. Unless stated otherwise, any new services and materials added to this Site also will be covered by these Terms and Conditions of Use.

A.         Conditions of Use

By using this Site, you acknowledge your consent to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this Site. These terms and conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.  Your continued use of the site after any changes to this posting will be considered acceptance of those changes.  If you do not agree to these conditions, please do not continue to use this Site.

B.         Disclaimer

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESSENT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ESSENT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESSENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ESSENT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.

THIS SITE MAY BE LINKED TO OTHER SITES WHICH ARE NOT MAINTAINED BY ESSENT. THE OPERATOR OF SUCH OTHER WEB SITE MAY COLLECT INFORMATION ABOUT YOU, INCLUDING THROUGH COOKIES OR OTHER TECHNOLOGIES.   IF YOU PROVIDE PERSONALLY IDENTIFIABLE INFORMATION THROUGH ANY SUCH SITE, YOUR TRANSACTION WILL OCCUR ON THAT SITE (NOT THIS WEB SITE) AND PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE WILL BE COLLECTED BY, AND CONTROLLED BY THE PRIVACY POLICY AND TERMS OF USE OF THAT SITE’S OPERATOR. 

LINKS ON THIS SITE TO OTHER WEB SITES ARE PROVIDED ONLY AS A CONVENIENCE.  ESSENT IS NOT RESPONSIBLE FOR THE CONTENT OF THOSE SITES. THE INCLUSION OF ANY LINK TO SUCH SITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY ESSENT OF THE SITES OR THE CONTENT THEREOF.  ESSENT HAS NO RESPONSIBILITY OR LIABILITY FOR YOUR VISITATION TO, AND THE DATA COLLECTION AND USE PRACTICES OF, SUCH OTHER SITES.

C.         Limitation of Liability

While Essent uses reasonable efforts to include accurate and up-to-date information on this Site, errors or omissions sometimes occur. Essent makes no warranties or representations as to the accuracy of the content of this Site. Under no circumstances, including, but not limited to, negligence, shall Essent or any party involved in creating, producing, or delivering this Site be liable to you for any direct, incidental, consequential, indirect, or punitive damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that result from the use of, or the inability to use, the materials on this Site, even if Essent or an Essent authorized representative has been advised of the possibility of such damages. In no event shall Essent's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site.

Essent also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site.

D.         Restrictions on Use of Materials

This Site is owned and operated by Essent. Except as otherwise expressly permitted by Essent, no materials from this Site or any Site owned, operated, licensed or controlled by Essent may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Site for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video without Essent's written permission.

Essent neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Essent.

We reserve the right to suspend, modify or discontinue this Site, temporarily or permanently, at any time without notice. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

E.         Jurisdictional Issues

Unless otherwise expressly set forth herein, Essent makes no representation that materials on this Site are appropriate or available for use in any location. Those who choose to access this Site do so on their own initiative and are solely responsible for compliance with local laws.

Except as specifically set forth herein the information contained on this Site is not an offer to sell or a solicitation to buy any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation; purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.

This Site is controlled, operated and administered by Essent Guaranty, Inc., from its offices in the United States of America. Essent makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of law provisions. You agree that the appropriate state or federal court in Delaware County, Pennsylvania or the U.S. District Court for the Eastern District of Pennsylvania, respectively,  will have the exclusive jurisdiction to resolve all disputes arising from this Site or these terms and conditions of use, and you consent to personal jurisdiction in such forum.

F.         Trademarks and Copyrights

All trademarks, services marks, trade names, logos and icons are proprietary to Essent. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of Essent or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.

Images displayed on this Site are either the property of, or used with permission by, Essent. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

G.         Software Licenses

You acknowledge that any software available or provided to you on this Site may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. Essent does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States export controls laws and regulations.

H.         No Professional Advice

The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax or other financial advice, and is not tailored to a customer's specific circumstances. All information, opinions and advice available on this site should be evaluated in consultation with a legal, accounting, tax, investment or other financial specialist.

I.          Information Provided By You

In order to use certain services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if Essent has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Essent, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that Essent will not be liable to you or any third party if Essent terminates your access to the Site, and the services or materials thereon, for any reason.

J.         Privacy and Ownership of Information

Any information, communications or material you transmit to this Site by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as nonconfidential and nonproprietary and will become the property of Essent.  Except for the information you submit during the registration process or during the use of any other service offered through this Site (the "Permitted Information"), Essent does not want you to, and you should not, send any confidential or proprietary information to Essent via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Essent other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to Essent, you grant to Essent an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that Essent is free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to Essent. You further recognize that Essent does not want you to, and you warrant that you shall not, provide any information or materials to Essent that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Essent will use the Permitted Information in accordance with the Privacy Policy posted on this Site.

K.         Indemnification.

You agree to defend, indemnify and hold harmless Essent, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of this Site, including, without limitation, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Site.

L.         Miscellaneous

This Agreement constitutes the entire agreement between Essent and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.