FNC Ports User Agreement

This Agreement is effective December 20, 2015.

Definitions.
“You” refers to the person or entity that is identified to any FNC Port as the user of one or more of that FNC Port's products and services. These products and services may be identified by one or more enrollment forms for the product or service or by other written means (including, for example, e-mail or Internet subscription). You are also a user if you sign into or use any FNC Port (whether you are authorized to use the FNC Ports or not), or if you use any of any FNC Port's products and services through your association with or by working under the account of another user. (The use of "you", "your" and "yours" shall refer to users regardless of whether an individual or an entity.). The specific FNC Ports you use (you may use more than one) are referred to as “your Ports”.

The “FNC Ports” refers to one or more services of FNC, Inc. (FNC®), a Mississippi corporation. The different FNC Ports (including, for example, AppraisalPort®, LoanPort™, TitlePort®, and InspectionPort®), among other things, serve as portals for posting service orders for and delivering of mortgage-related settlement services (including, for example, appraisals, other valuation services, flood determinations, title reports, loan disclosures, closing services and other settlement services). They also provide other products and services.

References to the FNC Ports (or any Port) shall also incorporate a reference to FNC.

“Client” refers to the individual or entity ordering mortgage-related services

“Provider” refers to the provider (whether an individual or entity) providing any such mortgage-related services as a Client may order from time to time.

The “User Agreement” includes this document and any and all attachments, addenda, enrollment forms, price schedules, as well as terms or instructions appearing on a screen on the various FNC Port websites, such as www.appraisalport.com, www.loanport.com, www.inspectionport.com or www.titleport.com ("Website"), and any procedures or policies (including for example, the Rules and Regulations for FNC Ports) applicable to the use of your Ports (collectively, "System Rules") all as may be amended from time to time ("the User Agreement" or “this Agreement”).
General User Agreement and Amendment Provisions.
This User Agreement shall govern your use of any FNC Port including but not limited to any of FNC Port's products and services. You must agree to abide by all of the terms and conditions of this User Agreement to use any FNC Port. If you do not agree, you may not use any FNC Port.

Except as otherwise required by law, any FNC Port may in its sole discretion change or modify the terms of this User Agreement from time to time, and at any time. This may include adding new or different terms to this User Agreement. It may also include removing terms of this User Agreement. When changes are made, the FNC Port will update this User Agreement through the Electronic Delivery Methods set forth in either Section 5 or alternatively in Section 13 below. All changes will be effective thirty days after notice as provided under Sections 5 or 13, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it cannot be disclosed without jeopardizing the security of the system, this User Agreement will be updated within thirty days after the change. In any event, your continued use of the FNC Port or any products or services related to or connected with that FNC Port after it provides you notice pursuant to Sections 5 or 13 constitutes your agreement to the amended User Agreement.

Your signature on (or acknowledgment of) this User Agreement, your use of any FNC Port or your acceptance of a user name, password or access token, or any use of any product or service constitutes your agreement to the terms and conditions of this User Agreement in its entirety.

An FNC Port may change, suspend, limit or discontinue any aspect of any or all of its products and services at any time, including but not limited to, any pricing, the use of any program used to gain access to that FNC Port, the availability of one or more features, categories of data, data elements or services. Any FNC Port may do so without prior notice or liability therefor.

An FNC Port may, from time to time, capture certain data about your account, including but not limited to, performance data, operating data, observations about product type, pricing and other data. This data (in aggregated or in non-personally identifiable form) may be used by FNC or any of the FNC Ports both internally and within one or more products or services, provided however that no individual data about any user shall be disclosed to any unaffiliated third party unless required or permitted by law or the user authorizes otherwise.
The License.
Your Ports grant to you a non-exclusive, non-transferable, limited term license to, among other things
1. use the FNC Port’s Internet or wireless based portal services, typically regarding the ordering, receipt of orders for and delivery of mortgage-related services, especially settlement services (including, for example, appraisals, other valuation services, flood determinations, title reports, loan disclosures, closing services and other settlement services), using only authorized and approved means.
2. gain access to and possession of portions of various databases or sources of information, including for example real estate information databases, performance databases and other databases, through one or more authorized and approved means, such as Internet, publication, and the use of any software, device, interface or other means by which access is given to the Information or is convenient to its use (together, the "Information").
3. gain access to other products and services as may be available through that FNC Port from time to time
For convenience, FNC may permit you to sign into your FNC Ports account through another FNC authorized website or Internet connection. In addition, many of the connections that you may make using your FNC Ports will use a Device. A “Device” can be a computer, electronic tablet, mobile telephone or other electronic device which can connect to the Internet or a wireless service. In some cases, to connect to your FNC Port and to enjoy certain features you may need to download and install client software on each of the Devices you use with your FNC Port (the “FNC Ports Software”—although it may be given a different brand name). Your FNC Port may update the FNC Port Software on your Device automatically when a new version is available. In any event, you agree that you will only use the most current version of the FNC Port Software. In other cases, you may be able to connect to your FNC Port using a modern web browser but may not be able to use all of the features. In every case, in the absence of a different agreement governing the different methods of connection (whether Device or other means) then your activities will be governed by this Agreement.

The use of your Port, and any Information, is solely for your internal use and no other party. Your Ports and any Information (including but not limited to access to any FNC Port account) may not be transferred, assigned, stored, copied, reverse engineered, revealed, given, loaned, rented or sold.

You shall not decompile, disassemble, decrypt or otherwise reverse engineer (or allow or suffer others to decompile, disassemble, decrypt or otherwise reverse engineer) any FNC Port or any part thereof, the Information or any software, device or interface or any part thereof (except that you may maintain for a limited time magnetic, optical or electronic copies of any installed software in authorized and approved use). You shall not use the Information or software, device or interface or any part thereof in any manner other than as specifically permitted in this Section 3.

Without limiting the foregoing, you shall not utilize any FNC Port or the Information to provide any time-sharing, service bureau or similar services to any person or entity.

However,
1. You may retain a copy (in either paper or electronic form) of any Ports product or service or Information product or service delivered to you for your own internal records and use; and
2. in limited circumstances and where the revelation and reporting of the Information is appropriate, customary and reasonable, you may incorporate limited amounts of the Information in reports or other work product prepared by you for the benefit of third parties in the ordinary course of professional activity. In any such case, your Ports (or the specific Port as the case may be) and any identified supplier of the Information shall be identified as the source of the Information.
E-Mail, Passwords, User Names, Access Tokens, User Accounts and Profiles.
Every FNC Port's primary means of communication with its users is through the Electronic Delivery Methods set forth in Section 5. As a result, you are obligated to maintain an active, valid e-mail address on file with every Port you use at all times ("Designated e-Mail Address"). No FNC Port is obligated to communicate with its users by fax, or through the US Postal Service, overnight couriers or other paper based means.

In connection with your use of the Ports, FNC will maintain an account for you. The account will detail all of your activities, including your transactions for billing purposes, your profile information, and identify all of your authorized users. You are responsible for maintaining the confidentiality of all of the information regarding your account, including, but not limited to, your account number, user name, password or access tokens, as well as those of any other person or user associated by or with you (or under your ostensible authority). You shall notify the Port involved immediately with regard to any known or suspected unauthorized or inappropriate uses or users of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your or other's user name, password or access tokens.

You understand that you are responsible for any charges, liabilities or claims arising from the use of the FNC Ports, including but not limited to use of your account, user name, password or access tokens, or those other user names, passwords or access tokens authorized by or associated with you. Each FNC Port is entitled to treat all uses of such as authorized until such time as it receives an email notification from you (to fncsupport@corelogic.com) that unauthorized activity is occurring on your account. Your notification shall be effective when received by the FNC Port, if on a normal business day, otherwise effective on the first business day that occurs thereafter.

Each Port may take action, however, in its discretion, upon notice that you (which includes, for example, any of your employees, contractors or invitees) or any of your Providers has gained unauthorized or unlawful access to, or made any unauthorized, unlawful or inappropriate use of any FNC Port, any other FNC product or service, such as the FNC Collateral Management System® (CMS®), FNC Clean Room®, FNC TRID Tracker or any other medium or process, to deny access to any such person or entity or seek other remedies, especially to the extent that any such access or use may reflect badly on the reputation or credibility of such Port, other FNC product or service or other medium or process.

You are connected to your clients through various means, including an electronic link. The establishment of that link may require an invitation from the client. When you establish a link to a client through your Port, that Port shares the information in your profile with that client. Your profile information includes basic information about you and your professional practice such as your contact information, license information, geographic coverage areas and other information about your qualifications. It does not include any of your Ports preferences, Ports settings or your Ports activity.

As part of that process, to assure that you and your client are both up to date, your Port also updates your client with any changes that you make in your profile. Different clients treat this information differently, and not every client will allow its system to be updated automatically with this information.
Electronic Delivery Methods.
In the event that an FNC Port needs to communicate with you in writing regarding this User Agreement or any changes to it, or needs to provide information to you, any communications or other information may be sent to you electronically, at FNC’s option, either:
1. to your Designated e-Mail Address,
2. by posting the information on the Website and sending you a notice to your Designated e-Mail Address telling you that the information has been posted and providing instructions on how to view it, or
3. to the extent permitted by law, by posting the information to the Website.
You agree that any FNC Port may satisfy its obligation to provide you its Privacy Policy by keeping it available for review on the Website.
Term and Termination.
This User Agreement shall continue in force until either party provides the other with 30 day advance written notice of termination. Except, however, various products and services provided by or through an FNC Port may have an established term. In that case the term (and termination) shall be set forth in any subscription or other enrollment form.

Any FNC Port may terminate the User Agreement and any associated License upon written notice to you in the event of (i) any breach by you of your obligations under Section 3 (The License), Section 4 (E-mail, Passwords, etc.), Section 8 (Proprietary Rights, Confidentiality and Indemnification) or Section 11 (Payment); or (ii) with respect to any other breach hereof which includes for example the System Rules (such as the Rules and Regulations for FNC Ports) by you that shall continue uncured for a period of 30 days after receipt of written notice thereof from the FNC Port. However, if any breach cannot by its nature be cured in such 30 day period or if it jeopardizes the integrity of any FNC Port, or any other FNC service or system, the FNC Port may terminate the License immediately upon the occurrence of such breach. Nothing contained in this Agreement shall be read to limit any of the FNC Port's rights or remedies hereunder or at law or in equity.

Upon termination, your Ports may, in its sole discretion, terminate your account. As part of that termination, it may sever any connections between you (and your account) and any Clients. It will not be obligated to allow you to re-activate your account or restore any connections with any Client. If your Port does allow you to re-activate your account or restore any connections, it may impose one or more conditions prior to doing so.

FNC may also suspend your access to your Ports as provided for in the System Rules.

Upon termination or expiration of this User Agreement, all of your rights under the License shall terminate. Within 10 business days thereafter, you shall destroy all copies of your Ports (or cease gaining access to it), the Information, any software or any part thereof in your possession or under its control, including without limitation any such copies on your hard disk, server, or copies maintained for back up purposes. This is subject to your right to retain a copy (in either paper or electronic form) of any Ports product or service or Information product or service previously delivered to you for your own internal records and use.

Termination does not relieve you of any outstanding obligations that may be due to any FNC Port or otherwise under this User Agreement.
No Warranties.
Re: the FNC Ports, etc. YOU EXPRESSLY AGREE THAT THE USE OF THE FNC PORTS, OTHER FNC SYSTEMS OR SERVICES AND THE INTERNET, IS AT YOUR SOLE RISK. EACH FNC PORT, FNC SYSTEM OR SERVICE, THIRD-PARTY VIRUS CHECKING TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, AND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. FNC PROVIDES ITS PORT SERVICES ON A COMMERCIALLY REASONABLE BASIS.

FNC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT ANY FNC PORT, FNC SYSTEMS OR SERVICES OR THE INTERNET WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.

FNC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ANY FNC PORT AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND YOUR PROVIDERS, OR BETWEEN YOU (AND YOUR PROVIDERS) AND CLIENTS OR THIRD-PARTIES.

Additionally, re: the Information (including any software). YOU SPECIFICALLY ACKNOWLEDGE THAT EACH FNC PORT MUST RELY ON THE COMPLETENESS, ACCURACY AND AUTHENTICITY OF INFORMATION PROVIDED BY ITS SUPPLIERS AND BY PUBLIC RECORDS AND OTHER SOURCES OF INFORMATION, THAT THE FNC PORTS DO NOT ATTEMPT TO INDEPENDENTLY VERIFY THE COMPLETENESS, ACCURACY OR AUTHENTICITY OF SUCH INFORMATION, AND THAT THE INFORMATION REPORTED TO AND BY ANY FNC PORT MAY BE SUBJECT TO TRANSCRIPTION AND TRANSMISSION ERRORS. FNC DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY CONCLUSION REGARDING ANY PARCEL OF RESIDENTIAL PROPERTY, FOR ANY DISCLOSURES MADE OR FOR ANY TRANSACTION OR DECISION THAT MAY ARISE FROM THE USE OF ANY INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OR APPROPRIATENESS OF ANY DISCLOSURE MADE, CONCLUSION OBTAINED AND FOR ANY ACTION THAT MAY BE TAKEN AS A RESULT.

WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT (i) THE INFORMATION, WHILE BELIEVED RELIABLE, CANNOT BE GUARANTEED AS ACCURATE, AND YOU ARE OBLIGED TO SECURE SUCH CONFIRMATION OF SUCH INFORMATION AS GOOD PROFESSIONAL PRACTICE DICTATES; (ii) YOU SHALL BE RESPONSIBLE FOR ASSURING THAT THE INFORMATION AND ANY SOFTWARE IS APPROPRIATE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE OF THE INFORMATION AND SOFTWARE AND RESULTS OBTAINED THEREFROM.
Proprietary Rights, Confidentiality and Indemnification.
Each FNC Port and the Information are proprietary products of FNC and are protected by copyright, trade secret and other proprietary rights laws. Other than its obligation to maintain the integrity of the data it transmits, FNC is not responsible for the content of any products, services, information or data transmitted through any of the FNC Ports, and specifically disclaims any liability for the accuracy, appropriateness or authenticity of any such products, services, information or data. Moreover, FNC assumes no liability or responsibility for any issues or obligations arising between the Provider and Client with respect to any such products, services, information or data.

Neither FNC nor any FNC Port is an agent of any Client, or an agent of any Provider. The relationship (including any agreements) between the Client and the Provider providing the services is independent of FNC and the FNC Ports. Neither FNC nor the FNC Ports shall be liable for or obligated by or under any such relationships (or agreements) or any actions or obligations of any parties related thereto (including but not limited to you).

As between you and FNC, title to each FNC Port, of the Information, software, documentation and any and all other aspects of the various FNC Port products and services (including without limitation all copies of the foregoing and all copyrights and other proprietary rights therein) shall at all times remain with FNC, subject only to your rights under the License. You shall not remove or obscure any FNC Port copyright, trademark or confidentiality notice or mark. Affixation of any such notice or mark on any FNC Port, the Information or the software shall not imply or indicate publication thereof.

You shall hold each FNC Port and the Information in confidence. You shall not disclose or display either any FNC Port or the Information to any person or entity other than your employees, affiliated independent contractors or agents (all of whom for purposes hereof shall be deemed employees) who have a need to use any FNC Port or to see the Information or use any software. You shall protect all FNC Ports and the Information by using at least the same degree of care you use to protect your own proprietary and confidential information and materials of like importance, but in no event less care than a reasonably prudent business person would take in a like or similar situation. You shall ensure that your employees who receive access to any FNC Port or the Information are advised of their obligation to maintain the secrecy thereof and shall promptly notify FNC and your Ports in writing of any circumstances of which you have knowledge regarding any possible use of or access to any FNC Port or the Information or any part thereof by any unauthorized person or entity.

You shall indemnify FNC, every FNC Port and their suppliers (whether suppliers of Information or otherwise), defend and hold them harmless from and with respect to any liability, damages (including without limitation any consequential, incidental, general, special or exemplary damages), losses, or claims which may arise, whether now or in the future, with regard to
1. your use of any FNC Port or any aspect or service thereof, or
2. the accuracy, authenticity, appropriateness or completeness of the Information, or
3. any aspect of the operation of your business in relationship with or in connection with any FNC Port or your use of the Information or software.
Limitations of liability and exclusion of damages.
FNC'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY DISPUTE WITH FNC AND ANY FNC PORT SHALL BE THE TERMINATION OF THIS USER AGREEMENT. IN NO EVENT SHALL FNC (WHICH INCLUDES BUT IS NOT LIMITED TO ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS) OR ANY FNC PORT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS, LOST PROFITS OR LOSS OF DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, WHETHER OR NOT FNC OR ANY FNC PORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL FNC OR ANY FNC PORT'S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ANY FNC PORT HEREUNDER WITHIN THE MOST RECENT 3 MONTH PERIOD PRIOR TO ANY CLAIM. TO THE EXTENT THAT A STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AS TO THAT STATE OR JURISDICTION THE FNC PORT'S AND FNC'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS USER AGREEMENT MAY BE BROUGHT BY EITHER PARTY HERETO MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED, EXCEPT THAT AN ACTION FOR NONPAYMENT MAY BE BROUGHT WITHIN ONE YEAR AFTER THE DATE THE LAST PAYMENT WAS DUE.
Equitable Relief.
Because of the unique and proprietary nature of the FNC Ports and the Information, it is understood and agreed that FNC’s remedies at law for a breach by you of your obligations under Section 3 (The License), Section 4 (E-mail, Passwords, etc.) or Section 8 (Proprietary Rights, Confidentiality and Indemnification) will be inadequate and that FNC and the FNC Ports shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation injunctive relief and specific performance) in addition to all other remedies provided under this User Agreement or available to FNC at law or otherwise.
Payment.
You shall pay the appropriate fees for all products and services as set forth in your Port's then current Price Schedules or Product/Service Descriptions. You shall pay any and all federal, state and local taxes, duties, levies or other assessments arising or payable in connection with the transactions contemplated or authorized hereunder, other than taxes based solely on any FNC Port's net income. All invoices are due upon presentation.

Your Ports may present you with invoices, account statements, requests for payment and other documents through electronic means, which may include, but not be limited to by e-mail, or by reference to a specific location within the Website or other electronic system. FNC shall not be obligated to provide you with any such documents in paper form, and you shall be obligated to make payment thereon according to their terms. Provided that it is in a form and means acceptable to the FNC Port, you may make payment with respect to all balances due to that FNC Port through use of a credit card, debit card or bank draft or other automated payment device. The FNC Ports do not accept paper checks.

Without limiting any of FNC or the FNC Port's other rights or remedies and until the invoice is paid in full, late charges at the rate of 1.5% per month or the maximum rate permitted by law whichever is lower, shall, at FNC and the FNC Port's sole option, accrue on the amount (including accrued but unpaid late charges) of any invoice for which payment is not received within thirty days from date of invoice. In addition, an administrative charge of $10.00 shall be imposed for any invoice for which payment is not received within sixty days after its date. FNC may impose other fees and charges from time to time as described on the FNC Ports (including with the System Rules, which also includes the Rules and Regulations for the FNC Ports).

Regardless of any other provision hereof, it is the FNC Port's policy to suspend or terminate access to the FNC Ports, and the delivery of Information to any party who is past due in its obligations to any FNC Port. FNC and any FNC Port may enforce that policy against you without any liability therefor.

Billing and payment under this User Agreement shall be governed by this User Agreement and in the System Rules (which includes information found on your Port and in the Rules and Regulations for FNC Ports) related to billing and payment.
Arbitration.
The parties agree to submit any and all claims, demands, disputes, controversies or causes of action arising from or related to this User Agreement, the use of any FNC Port, or any communication between the parties to binding arbitration administered by the American Arbitration Association in accordance with its commercial rules then in effect, except as otherwise stated herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such claims, demands, disputes, controversies or causes of action shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claims, demands, disputes, controversies or causes of action of any other party. The arbitration shall be conducted exclusively in Lafayette County, State of Mississippi before a single arbitrator chosen by the parties. If the parties cannot agree on an arbitrator within 5 days of exchanging names of arbitrators, then an arbitrator will be appointed according to the commercial rules of the American Arbitration Association. The expense of the arbitration shall be borne by the parties in accordance with the award of the arbitrator. The arbitrator shall coordinate and limit as appropriate all pre hearing discovery, which may include document production, information requests and depositions. In reaching a decision, the arbitrator shall follow applicable law. The decision of the arbitrator shall be in writing setting forth the findings of fact and law, and reasons supporting the decision. This arbitration agreement shall be governed by the Federal Arbitration Act and, to the extent state law applies, by the laws of the State of Mississippi.

However, the parties, without inconsistency with this arbitration provision, may seek interim, provisional injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Any such action or proceeding shall be brought exclusively in a state or federal court of competent jurisdiction located in Lafayette County, State of Mississippi.
Miscellaneous.
All notices or communications or other information required hereunder shall be provided to you pursuant to the Electronic Delivery Methods in Section 5. Alternatively, any such notices, communications or information may be given personally, or be sent by first class mail postage prepaid, or by a reputable courier service to you (or your Ports as the case may be) at the address provided by you to your Ports or provided by the FNC Ports to you in this User Agreement or as provided by you on the Website. Notice may also be given at such other address as either you or your Ports may designate in writing from time to time in accordance with this Section 13.

This User Agreement constitutes the entire understanding and agreement between FNC and any FNC Port and you with respect to the transactions and relationships contemplated herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein.

No remedy available to FNC or any FNC Port under this User Agreement or related to this User Agreement shall be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No waiver of any provision of this User Agreement or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

Neither party shall be responsible for delays or failures in performance to the extent (but only for the duration) that such party was hindered in its performance by any act of God, civil commotion, labor dispute, or any other occurrence beyond its reasonable control.

No employee, agent, representative or other party is authorized to make any modification or addition to this User Agreement, including but not limited to any warranties either express or implied, any indemnification or other provision hereof.

Nothing contained in this User Agreement shall be deemed or construed as creating a joint venture or partnership between you and any FNC Port or FNC. You are not by virtue of this Agreement authorized as an agent or legal representative of any FNC Port or FNC. You are not granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of any FNC Port or FNC or to bind any FNC Port or FNC in any manner.

If any provision of this User Agreement is found invalid or unenforceable pursuant to judicial decree or decision, that portion of this User Agreement shall be severed and the remainder of this Agreement shall remain valid and enforceable according to its terms.

WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS USER AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION OF A PARTY OR EXCLUSION OF DAMAGES OR OTHER REMEDIES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR LIMITATIONS OF OTHER REMEDIES SET FORTH HEREIN SHALL REMAIN IN EFFECT.

Notices to any FNC Port shall be directed to:
fncsupport@corelogic.com if by e-mail, or
1. FNC Ports
  Attention: General Counsel
  1214 Office Park Drive
  Oxford, MS 38655
Suspected breaches or unauthorized uses should be reported to: fnccirt@fncinc.com

This FNC Ports User Agreement is effective as of December 20, 2015.

© 2004 - 2019 FNC, Inc. All rights reserved.