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These terms and conditions set forth herein (“Terms of Use”) are entered into by and between You and CSS. Your access to and use of this CSS website, including, without limitation, any content, functionality and services offered on or through [www.commonsecuritization.com] and all information, documents, text, displays, images, video and audio, tools, software applications, materials made available through this website, including, without limitation, the graphics, icons, overall appearance and design, selection and arrangement of this website, (collectively, including this website, the "Contents").

Effective: January 1, 2017

1. Acceptance of the Terms of Use

These terms and conditions set forth herein (“Terms of Use”) are entered into by and between You and CSS. Your access to and use of this CSS website, including, without limitation, any content, functionality and services offered on or through [www.commonsecuritization.com] and all information, documents, text, displays, images, video and audio, tools, software applications, materials made available through this website, including, without limitation, the graphics, icons, overall appearance and design, selection and arrangement of this website, (collectively, including this website, the "Contents").

Please read the Terms of Use carefully before using this website. By using this website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website.

This website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this website, you represent and warrant that you are of legal age to form a binding contract with CSS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this website.

CSS reserves the right in its sole discretion to withdraw or amend this website, and any service or materials we provide on the website.

2. Changes to the Terms of Use

You acknowledge and agree that CSS may, with or without notice, modify, delete or amend the Contents and that CSS may further modify, delete or amend these Terms of Use from time to time. Any use of the Contents as modified following such modification will be deemed to be Your acceptance of the changes, modifications, additions, deletion or amendment to the Contents or these Terms of Use. CSS shall also have the right at any time to change or discontinue any aspect of or feature of the Contents, including but not limited to content, functionality and equipment needed for access or use.

Your continued use of the website following the posting of modified Terms of Use means that you accept and agree to the modifications. You are expected to check this page each time you access this website so you are aware of any changes, as they are binding on you.

3. Ownership and Reservation of Rights

All Contents are owned by CSS, its licensors or other providers of such material. CSS does not waive any of its proprietary rights therein including, but not limited to, patents, copyrights, trademarks, trade secrets and other intellectual property or proprietary rights (“IP Rights”). The availability of any Contents through this website shall under no circumstance constitute a transfer of any IP Rights of CSS or other parties to any website user or any third party.

This website and the Contents are protected by U.S. and international copyright laws (both as individual works and as a compilation), trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not delete any copyright or similar notice or other IP Rights notice from any Contents you obtain from this website.

The Contents may not be used for any purpose other than internal business purposes without the prior written consent of CSS.

Unauthorized attempts to upload, extract or otherwise “scrape” Contents, change the Contents, access CSS or third party servers hosting the Contents, are strictly prohibited, constitute unauthorized access and/or access in excess of authorization, and may be subject to prosecution.

4. No Warranties; Limitation of Liability

YOUR USE OF THE WEBSITE, ITS CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENTS) IS PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS. CSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO, THE CONTENTS OR THIRD PARTY WEBSITES OR FOR ANY PRODUCTS OR SERVICES MENTIONED OR OFFERED IN THE CONTENTS OR IN THIRD PARTY WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER CSS NOR ANY PERSON ASSOCIATED WITH CSS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CSS NOR ANYONE ASSOCIATED WITH CSS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CSS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER TO THE FOREGOING, CSS SHALL NOT BE LIABLE FOR ANY ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE (INCLUDING ALL CONTENTS AND THIRD PARTY WEBSITE AND CONTENTS ACCESSED THEREFROM), OR THE INABILITY TO USE THE SAME, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF FANNIE MAE IS AWARE OF THE POSSIBILITY OF SUCH ERRORS OR DAMAGES.

You understand that we cannot and do not guarantee or warrant that files available for downloading (if any) from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. CSS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIALS DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIALS POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5. Permitted and Non-Permitted Uses of the Website

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Further, You agree not (i) to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation, (ii) to impersonate or attempt to impersonate CSS, a CSS employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or (iii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm CSS or users of the website or expose them to liability.
Additionally, you agree not to:

  • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.
  • Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
  • Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
  • Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the website.

6. User Contributions

Unsolicited Ideas
CSS will not be obligated to anyone disclosing unsolicited ideas to CSS personnel. The purpose is to avoid potential misunderstandings or disputes when CSS's business activities are similar to ideas submitted to CSS.

Absent any written agreement to that effect, the disclosure of ideas to CSS for new products, enhancements, features, innovations or inventions, or of any ideas of any sort that may be related to CSS's business, is governed by the following terms:

  • CSS is in no way obligated to the disclosing party,
  • CSS is not obligated to keep the idea disclosure confidential,
  • CSS is not obligated to compensate the disclosing party for use of the idea, and
  • CSS expects that, if the disclosing party wants to protect his/her ideas, he/she will have filed a patent application prior to the submission of such ideas to CSS.

CSS does not commit to reviewing all information and materials submitted by users of this website for consideration or publication by CSS (“User Generated Contents”). Personal information contained in User Generated Contents is subject to CSS’s Privacy Statement available at info@commonsecuritization.com. CSS shall have otherwise no liability or obligation with respect to User Generated Contents and may freely copy, adapt, distribute, publish, or otherwise use User Generated Contents without any duty to account.

7. Linking Conditions

General Obligations
Subject to the limitations set forth below, links may be established to the main areas, sub-directories, and featured areas of this website (“deep linking”).
When linking to this website, You :

  • Should not create frames around the website or use other techniques that alter the visual presentation of the website, except as provided below.
  • Should not imply that CSS is endorsing You or Your products or services.
  • Should not imply an affiliation between Your company and CSS without the prior written consent of CSS.
  • Should not misrepresent Your relationship with CSS or present false or misleading impressions about CSS's products or services.
  • Should not publish materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.

If You link to this website in conformance with the foregoing, CSS grants You a limited, non-exclusive, non-transferable, royalty-free license to use the CSS word mark and/or name of the website (the "Licensed Mark") solely for the purpose of serving as a link from Your website or other electronic publication to the website and its Contents. Logos, including the CSS logo, are not licensed hereunder and may not be used by You in connection with the linking described herein, without CSS’s prior written permission. Except for the limited license to use the Licensed Mark granted in this paragraph, You may not use any of CSS's trademarks or service marks in commerce (the "Marks") without CSS's prior written permission.

You acknowledge that all rights to the Marks belong to CSS and/or its third party licensors. You will not at any time directly or indirectly contest or infringe these rights.CSS shall have no responsibility or liability for any content appearing on Your website or electronic publication.

CSS may at any time, in its sole discretion, immediately terminate Your license to use the Licensed Mark and Your right to link to the CSS websites, with or without cause. If CSS exercises this right, You will immediately remove all links to the CSS websites and cease using the Licensed Mark.

8. Privacy

With respect to CSS’s retention, sharing, and use of personal information collected on the website, these Terms of Use incorporate CSS’s Privacy Notice available  [Privacy].

9. Waiver and Severability

No waiver of by CSS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CSS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

10. Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Trademarks

Other than the limited license provided under Section 7 Linking Conditions, this Terms of Use provides no license or authorization whatsoever to use CSS’s trademarks and service marks.

12. Entire Agreement

TThese Terms of Use and related pages set forth the entire agreement between CSS and You with respect to the subject matter hereof and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect thereto.

13. Applicable Laws

CSS, or its service providers as applicable, operates this website from the United States of America. CSS makes no representation that Contents in the site are appropriate or available for use in other locations, and access to Contents from jurisdictions where such access is illegal is prohibited. Those who choose to access this site do so on their own initiative and are responsible for compliance with applicable laws of their jurisdictions. These Terms of Use will be construed in accordance with the laws of the State of Maryland, United States of America, without regard to its conflict of law provisions. Any legal suit, action or proceeding arising out of, related to or in connection with these Terms of Use or the website shall be instituted exclusively in the federal and state courts in the State of Maryland. You waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

14. Copyright Notice

All Contents Copyright © 2017 CSS, all rights reserved.

15. Feedback

All notices of copyright infringement claims should be sent to
info@commonsecuritization.com

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:

Information – Feedback
Common Securitization Solutions, LLC
7501 Wisconsin Avenue, Suite 300W
Bethesda, Maryland 20814