Investor Portal

Access Agreement

ACCESS AGREEMENT
 
In consideration of Nationstar Mortgage LLC dba Mr. Cooper permitting you access to its Internet website available to the general public and located at [https://investorwebportal.mrcooper.io/] and select other websites or web pages (collectively, the "Site") and the information, documents, research reports, data, features, functionalities and other materials on the Site (collectively, and as such may be revised from time to time by us, the "Content"), you (which term, as used herein, includes you personally and the company or other entity or organization for which or on whose behalf you access the Site and utilize the Services (as defined below)) hereby agree to the following terms and conditions (this "Agreement"). For purposes of this Agreement, the terms "Mr. Cooper," "we," "us" or "our" shall mean Nationstar Mortgage LLC dba Mr. Cooper and its affiliates, and their respective officers, directors, managing directors, partners, and employees. This Agreement is in addition to, and does not nullify, any other agreement between you and us governing the conduct of your relationship with us (all such other agreements, collectively, "Relationship Agreement") or any other applicable terms and conditions found on the Site. You agree to comply with all rules or restrictions that we post on the Site from time to time.
 
SITE MONITORING
Your use of the Site, the Content and the services made available on or through the Site (the "Services") may be monitored by us or by service providers or vendors we retain for such purpose, and we may use all of the information regarding your use of the Content, the Services and the Site for any and all purposes, including, without limitation, our internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization. Without limiting the foregoing, we may disclose such information to: (i) third parties to the extent that we determine in good faith that we are required to do so by any applicable laws, rules or regulations or orders or in connection with the enforcement of our rights or the defense of claims against us; and (ii) our affiliates.
 
INFORMATION MADE AVAILABLE THROUGH THIS SERVICE
We are providing the Site, the Content and the Services only for your personal use. You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via the Site and the Services only for your own personal use. You are not permitted to publish, sell, or otherwise reproduce this information, in whole or in part, in any format to any third party without our prior express written consent. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the Content or the Services. We reserve the right, at any time and from time to time, in our sole discretion, to add, modify, or remove any of the Content, to suspend or discontinue the provision of any or all of the Content or the Services, or to deny your access to and use of the Site, the Content and the Services. The terms and conditions of use contained in this Agreement are not intended to, and will not, transfer or grant any rights in or to the Content, the Services or the Site other than those which are specifically described herein, and all rights not expressly granted herein are reserved by us or the third party providers from whom we have obtained the Content or that may provide services in connection with the Site or the Services. You are required to read and abide by any additional terms and conditions that may be posted on the Site from time to time concerning the Content, the Services, the Site and other information obtained from third party providers. Neither we nor any such third party providers shall have any liability to you for monetary or other damages on account of the information provided to you via the Content, the Services or the Site. The Site, the Content and the Services are our property or the property of third party providers or vendors to us and are protected by applicable copyright, patent, trademark or other intellectual property law. [https://investorwebportal.mrcooper.io/] is the intellectual property of Nationstar Mortgage LLC dba Mr. Cooper.
 
NO WARRANTIES MADE AS TO CONTENT; NO RESPONSIBILITIES TO UPDATE
We make no warranty, express or implied, concerning the Content, the Services or the Site. The Content, the Services and the Site are provided by us and our third party providers on an "AS IS" basis at your sole risk. We expressly disclaim any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the Content, the Services or the Site with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability, or with respect to any results obtained or not obtained from your use of the Content, the Services or the Site. 
Neither we nor any of our third party providers shall have any responsibility to maintain the Content, the Services or the Site or to supply any corrections, updates, fixes or releases in connection therewith. We have no obligation to, and you should not expect that we will, update any Content to take into account material changes or new information. Availability of the Content, the Services and the Site are subject to change without notice.
 
NO LIABILITY FOR CONTENT; NO LIABILITY ARISING FROM USE
We shall have no liability, contingent or otherwise, to you or to any third parties, and we shall have no responsibility whatsoever, for the failure or inability of any connection or communication service or any computer hardware or software to provide or maintain your access to the Content, the Services or the Site, or for any interruption or disruption of such access or any erroneous communication between us or any third party and you, regardless of whether the connection or communication service is provided by us or a third party service provider. We shall have no liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or results of use of, or for any delays, omissions, or interruptions in the delivery of, the Content, the Services or the Site or for any other aspect of the performance of the Services or the Site. In no event will we be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of your using the Content, the Services or the Site, even if we have been advised of the possibility of such damages. We will have no responsibility to inform you of any difficulties experienced by us or third parties with respect to the use of the Content, the Services or the Site or to take any action in connection therewith.
 
NO WARRANTIES MADE AS TO SECURITY
We make no warranty whatsoever to you or any third party, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by or to you through the Site.
 
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS/DELAYS IN ORDER ROUTING, EXECUTIONS, AND TRADE REPORTS
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Site, the Content or the Services or communicating with us through the Internet or other electronic and wireless services. You acknowledge that any computer system or other electronic device, whether it is yours, an Internet service provider's or ours, can experience unanticipated outages or slowdowns, or have capacity and performance limitations.
 
CONTENT NOT TO BE CONSTRUED AS A SOLICITATION OR RECOMMENDATION
The Content has been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and we are not soliciting any action based upon it. The Content is not to be construed as (i) a recommendation of, or an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument; or (ii) a recommendation to participate in any particular trading strategy in any jurisdiction in which such an offer, solicitation or trading strategy would be illegal. Structured securities are complex and often illiquid instruments, typically involve a high degree of risk and are intended for sale only to sophisticated investors who are capable of understanding and assuming the risks involved. We have not verified any of the Content, we do not represent that the Content is accurate, current, or complete, and it should not be relied upon by you or any third party as such.
 
POTENTIAL CONFLICTS OF INTEREST AND OTHER DISCLOSURES
Our affiliates may make markets and effect transactions, including transactions contrary to any opinion or recommendation, or have positions in the financial instruments mentioned in the Content, the Services or the Site (or options or futures contracts with respect thereto) and may also have performed investment banking services for the issuers of such financial instruments or their affiliates. We may, to the extent permitted by law, act upon or use the Content, or the research or analysis on which the Content is based, before the Content is made available on the Site. Our affiliates may have positions and effect transactions in the financial instruments of the issuers or other parties involved in the specific transactions included in the Content (or options or futures contracts with respect thereto) and may serve as directors of such issuers or other parties. The value and income of any of the financial instruments mentioned in the Site, the Services or the Site can fall as well as rise. Past performance should not be taken as an indication or guarantee of future performance. Neither the Site nor the Content nor the Services have been approved by any governmental agency or instrumentality or self-regulatory organization.
 
NO DETERMINATION OF SUITABILITY HAS BEEN MADE; NOT ALL RISKS ARE DISCLOSED; PRIVATE ADVISORS SHOULD BE CONSULTED
The fact that we have made the Content, the Services and the Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described in the Content, the Services or the Site is suitable or appropriate for you. Many of the products described in the Content, the Services or the Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein or in the Content, the Services or the Site with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained in the Content, the Services or the Site as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, nor should you make the Content, the Services or the Site the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
 
NO REPRESENTATIONS MADE AS TO OTHER SITES OR LINKS
The Content, the Services and the Site may provide links to certain Internet sites (the "Third Party Sites") sponsored and maintained by third parties. We are providing such links solely as a convenience to you. Accordingly, we make no representations concerning the information, documents, research reports, data, features, functionalities, products and other materials on Third Party Sites. The fact that we have provided a link to a Third Party Site does not constitute our endorsement, authorization, sponsorship, or affiliation with respect to such Third Party Site or its owners or providers. We have not tested any information, software, or products found on any of the Third Party Sites, and we do not make any representations with respect thereto, including any representations regarding the content or sponsors of any Third Party Site, or the suitability or appropriateness of the products or transactions described therein.
 
USER CODES
In connection with your use of or access to the Content, the Services and the Site, we from time to time may provide you with user names, passwords and/or other unique identifiers which you will be required to use ("User Codes"). You represent and agree that:
 
  a. Your User Codes are personal to you and you will ensure that your User Codes are known only to you and shall not be provided or made available to any other person; 
  b. You are responsible for the security and confidentiality of your User Codes. You are responsible for all statements made and any acts or omissions that occur while your User Codes are being used, even if you did not authorize any other person or entity to use your User Codes. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of your User Codes. 
  c. You will discontinue use of your User Codes and advise us if you learn that someone else may be using your User Codes; 
  d. If your access privileges are related to your employment, and your employment ends, your access privileges shall end and you will not seek to access the Site; 
  e. You represent, warrant and certify to us that you (and, if applicable, accounts on whose behalf you are acting) are: (i) a resident in a jurisdiction which permits you to view the Content and use the Services on the Site; and (ii) if required under the applicable laws and regulations of your jurisdiction, a professional institutional or similar investor to whom securities may be lawfully offered and sold without registration, qualification or any other requirement or restriction under the applicable laws and regulations of your jurisdiction. YOU WILL NOTIFY US PROMPTLY IF THERE IS ANY CHANGE WITH RESPECT TO YOUR RESIDENCE AND WILL PROVIDE SUCH FURTHER INFORMATION AS WE MAY REASONABLY REQUEST; 
  f. You will read the legal disclosures and disclaimers set forth in the Site before accessing or using any of the Content or Services; and 
  g. We reserve the right to revoke or modify your User Codes at any time without prior or subsequent notice to you and without any liability or responsibility of any kind to you. 
 
ELECTRONIC ACCEPTANCE OF AGREEMENT
We may, in our sole discretion, permit you to consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be a legally binding electronic signature that binds you to all of the agreements, terms and conditions to which the Acceptance Terms relate. You acknowledge and agree that you will carefully review any document or web page before clicking on any Acceptance Terms for that document or web page.
 
COMMUNICATIONS AND USE BY E-MAIL
You acknowledge that if we use e-mail (i.e., any form of electronic mail, electronic chat or instant messenger communication) to communicate with you, we will only do so as an accommodation to you. Use of e-mail necessarily involves certain risks, including those referred to below. By using e-mail to communicate with our representative(s), you are agreeing to assume all such risks. E-mail is not secure, and communications through e-mail may not be confidential. In addition, we assume no responsibility to update any information communicated through e-mail. Furthermore, even if our representative has communicated with you through e-mail, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you through e-mail. Therefore, you agree not to use e-mail to (a) transmit personal credit or other financial information (including credit card numbers); (b) give notice of a change of address; (c) give instructions to change or confirm your User Codes; or (d) submit any other time-sensitive instructions to us.
 
ADDITIONAL REPRESENTATIONS AND WARRANTIES AND AGREEMENTS
You hereby represent and warrant and agree that:
 
  a. You are of the age of majority and competent to enter into binding contracts in your jurisdiction of residence and in the jurisdiction in which you click to agree to the Acceptance Terms relating to this Agreement; 
  b. You have all consents, rights, authority, and have taken all actions necessary, to execute this Agreement and access and use the Site, the Content and the Services. Furthermore, each individual accepting and executing this Agreement represents and warrants that he or she is duly authorized by all necessary action to execute this Agreement on behalf of him or herself and his or her principals or employer; 
  c. You are the person to whom the User Codes used to access the Site, the Content and the Services are issued and the information you provide to us in connection with the issuance of your User Codes was and is accurate and complete; 
  d. You will not reverse engineer or reverse compile any of our technology, including any Java applets associated with the Site, the Content or the Services; 
  e. You will not "reverse identify" or attempt to "reverse identify" any of the data or information available through the Site, the Content and the Services, all of which will be de-identified data and information in violation of applicable laws, including without limitation, privacy laws. As used in this subsection 14.e., "reverse identify" means combining de-identified data and information with any other data and information, including, without limitation, any other data or information you may possess or otherwise obtain, to identify any one or more persons who are the source of the data or information or to whom the data or information relate; 
  f. In your access to and use of the Site, the Content and the Services you will comply with all applicable laws regarding the privacy and security of the data and information available through the Site, the Content and the Services, including, without limitation, the Gramm-Leach-Bliley Act; 
  g. You will not use the data and information that is available through the Site, the Content and the Services in whole or in part for the purpose of serving as a factor in establishing an individual's eligibility for (a) credit or insurance to be used primarily for personal, family or household purposes; (b) employment purposes; or (c) any other purpose authorized under Section 604 of the Fair Credit Reporting Act, 15 USC Section 1681b. 
 
INDEMNIFICATION
You hereby agree to indemnify and hold harmless Nationstar Mortgage LLC dba Mr. Cooper and our affiliates and our and their respective officers, directors, managing directors, partners, employees, control persons, vendors, service providers, licensors and agents, from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in this Agreement, (ii) your access to and/or use of the Site and/or the Content and/or the Services, (iii) your access to and/or use of the Site and/or the Content and/or the Services in violation of any of our rights or the rights of any third party, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) your access to and/or use of the Site and/or the Content and/or the Services in violation of any applicable law, rule or regulation or related principles, or (v) your failure to maintain the security and confidentiality of your User Codes in accordance with this Agreement.
 
LOCATION; GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL
The Site is published in the United States. You agree that any access to or use of the Site or the Content or the Services will be deemed to be entirely in Dallas, Texas, under and subject to applicable Texas law and United States Federal law, rules and regulations, to the same extent as if you were to physically come to Texas and, without assistance or solicitation, access, copy or use the Content, the Services or the Site as if they were physically located in Texas. This Agreement and all the terms herein will be governed by and construed in accordance with the laws of the State of Texas. Any action brought in relation to this Agreement shall be brought in a Federal or State court in the City of Dallas, and you hereby irrevocably consent to the exclusive jurisdiction of such courts, and waive any claim or defense that such forum is not convenient or proper. You consent to personal jurisdiction in the above mentioned courts for purposes of any such litigation. Any right to trial by jury with respect to any claim or action under or relating to this Agreement is hereby waived by all parties to this Agreement.
 
MODIFICATION; TERMINATION
We may, at any time and for any reason, with or without prior notice to you (a) modify or discontinue, in whole or in part, any portion of the Site, the Services or the Content and/or your access to the Site, the Services or the Content, (b) prohibit or restrict your access to and use of the Site, the Services or the Content, and (c) modify this Agreement at any time upon written notice to you or posting of a modified version of this Agreement to the Site. Your access to and use of the Site, the Content and the Services is subject to compliance with all terms and conditions set forth in this Agreement and your Relationship Agreement. This Agreement (as may be revised from time to time as described herein), however, is irrevocable and will survive the expiration or termination of your Relationship Agreement, your access to, and use of, the Site. You agree that if you use the Site and/or the Content and/or the Services after such notification of changes to this Agreement, you will be bound by all such changes, and you agree that you will be bound by the terms and conditions contained in this Agreement as it appears on the Site at each time you access or use the Site and/or the Content and/or the Services.
 
FORCE MAJEURE
Nationstar Mortgage LLC dba Mr. Cooper and our affiliates and our and their respective directors, managing directors, partners, officers, employees, control persons, vendors, service providers, licensors and agents are not liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of our obligations with respect to the affected elements under this Agreement will be suspended for the duration of such Force Majeure Event.
 
MISCELLANEOUS
 
  a. This Agreement and the Relationship Agreement represent the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site and to use the Content and the Services, and they supersede all other agreements which you may have with us regarding the subject matter of this Agreement and the Relationship Agreement; 
  b. Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against us unless the same is in writing and signed by one of our authorized officers; 
  c. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect; 
  d. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL ASPECTS OF THE SITE AND THE CONTENT AND THE SERVICES, AND ANY OTHER THIRD PARTY SITE TO WHICH WE LINK, ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED; 
  e. Our failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on our part to exercise any power or right given to us in this Agreement, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise; 
  f. All rights and remedies given to us in this Agreement are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity; 
  g. This Agreement will be binding upon you and your executors, heirs, successors and assigns; 
  h. Any and all headings in the text of this Agreement are solely for convenience or reference and do not constitute a part of this Agreement, nor do they affect the meaning, construction or effect of this Agreement; 
  i. The terms "including" and "includes" as used in this Agreement are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but is not limited to"; and 
  j. Neither you nor we may assign or delegate rights, duties or obligations under this Agreement without the prior written consent of the other party. We may, however, assign this Agreement, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned or controlled by us, or pursuant to a merger, consolidation, change of control or corporate reorganization.
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