Xome Signings Terms of Use

We welcome you to the website operated by Xome Signings, Inc. ("Xome Signings") on the website ("Website"). The Website includes various webpages operated or maintained on behalf of Xome Signings where certain services may be provided (collectively "Services"). By accessing the Website and any pages thereof, including registering as a user to receive additional information or enhanced Services, you agree to be bound by these Terms of Use, as updated from time to time ("Terms of Use"). The term "you" shall refer to you the user, and the terms "we", "us", or "our" shall refer to Xome Signings. If you do not agree to the Terms of Use, please do not use the Services. Any continued use of the Website after changes have been made to these Terms of Use will constitute your acceptance of such changes. The Services provided will be subject to the following conditions:
Website Users.
In order to use the Website you must have reached the age of majority and be a resident of the United States. Anyone under the age of 13 is prohibited from use of the Website.
Web Content and Materials.
The information maintained on the Website is intended to provide users with information about Xome Signings' products and services. The information and material maintained on the Website is subject to change without notice. Not all of the products or services described on the Website are available in all geographic areas. No solicitation is made to any person utilizing the Website to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products or services is prohibited by law.
No Agency Relationship.
These Terms of Use do not create an agency relationship and do not impose a financial obligation on you or create any representation agreement between you and Xome Signings.
User Name and Password.
To receive access to certain information or Services on the Website, you must register and establish a user name and a password, the combination of which must be different from those of all other registrants on the Website. Additionally, you must maintain the security of the user name and password at all times, notify Xome Signings in the event your user name or password is lost or stolen at any time, and agree to accept responsibility for all activities that occur under your user name and password.
Valid E-mail Address.
If you opt to register as a user on the Website, you must provide a valid email address as part of your registration. You may be permitted to access certain portions of the Website only after we have verified that the email address you provided is valid and your agreement to these Terms of Use is confirmed.
Access Management.
We must, at all times, maintain a record of the name, telephone number and email address supplied by you, and the user name for each registrant. Such records will be kept and maintained for not less than 180 days after the expiration of the validity of your password or otherwise.
Data Validation.
Information on the Website is deemed to be valid and reliable, but is not guaranteed. It is your sole responsibility to independently confirm and verify all information upon which you may rely or use from the Website. We do not review or approve listing enhancements.
Financial Obligation/Agency Relationship.
Any agreement entered into at any time between you and Xome Signings that imposes a financial obligation on you must be established and agreed upon separately from these Terms of Use, must be prominently labeled and may not be accepted or entered into by you solely by mouse click, "click" agreement or any other form of non-signature method.
Technological Issues.
The Website may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In our sole discretion, the Website may cease to operate for any amount of time, and limitations upon the functionality or use of the Website by the end user may result. Any decision to cease the activity of the Website is solely at our discretion.
No Unlawful or Prohibited Use.
As a condition of your use of the Website, you represent and warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by the applicable terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, compromise or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Site Administration/Submissions.
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Website or its associated services (collectively "Submissions"). However, you hereby grant us (including, without limitation, our affiliates and necessary sublicensees) an irrevocable, perpetual, royalty-free license to use all information you provide via posting, uploading, inputting, providing, or submitting your Submissions, in connection with the operation of our businesses, including, without limitation, the rights to: (a) copy, distribute, transmit, reproduce your Submissions; and, (b) sublicense these rights in accordance with applicable law.
Linked Site Statement.
Links to websites other than the Website are provided solely as suggested guidance toward information on topics that may be useful to users of the Website, and we have no control over, and expressly disclaim the endorsement of, the content on such websites. If you choose to link to a website not controlled by us, we make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to other websites do not imply, and we expressly disclaim, any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites.
Intellectual Property.
Xome Signings, its affiliates, successors and assigns, as the developer and host of the Website, owns or licenses all other intellectual property rights related to the Website, including the look and feel of the Website and its underlying software, as updated and modified from time to time. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Use. Except for the limited license granted herein, Xome Signings grants no license or other authorization to the respective trademarks, service marks, copyrightable material, trade secrets or other intellectual property by placing them on this Website.

You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with the Website and/or Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile or disassemble, the Website and/or Services or any portion thereof; and (iii) never sell, sub-license, publish or otherwise distribute, in whole or in part, or grant a security interest in, or otherwise transfer rights to the Website and/or Services or any portion thereof to any third party.

You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided.
Privacy.
Please review the Privacy Notice. The Privacy Notice governs your use of the Website and explains our practices.
Electronic Communications.
When you use the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, instant messaging, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Applicable Law.
By using the Website, you agree that applicable federal law and the laws of the State of Texas, without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. You agree that venue for any disputes shall be located exclusively in Denton County, Texas and expressly waive any right to claim that such forum is inconvenient.
Non-Waiver.
Our failure to exercise or enforce any provision or right set forth in these Terms of Use does not constitute a waiver of that right or provision.
Assignment.
Xome Signings may assign these Terms of Use, in whole or in part, at any time with or without notice to you.
Disclaimer of Warranties.
THE INFORMATION AND SERVICES CONTAINED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. ACCESS TO THE WEBSITE AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR REASONS BEYOND OUR CONTROL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THIS WEBSITE, ITS INFORMATION AND MATERIALS. TO THE FULL EXTENT PERMISSIBLE AT LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY ACTION TAKEN AS A RESULT OF USING THE SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY XOME SIGNINGS, ITS EMPLOYEES, AFFILIATES, LICENSORS, WEBSITE VENDOR OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability.
IN NO EVENT WILL XOME SIGNINGS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) TO THE USER AND/OR ANY THIRD PARTY, ARISING IN CONNECTION WITH THIS SITE OR USE HEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL WE, OUR EMPLOYEES, LICENSORS, WEBSITE VENDOR OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST US, OUR EMPLOYEES, LICENSORS, WEBSITE VENDOR OR AGENTS WITH RESPECT TO THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Copyright Infringement.
We respect the intellectual property rights of others, and expect you as a registrant to do the same. To the extent anyone believes that his/her work has been reproduced on the Website in a way that constitutes copyright infringement, he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit Xome Signings to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of copyright infringement should be sent as follows: Xome Signings.

750 Highway 121 BYP, Suite 100
Lewisville, Texas 75067
Attn: Copyright Agent
Phone: (800) 758-8052
E-mail: Copyright.Agent@xome.com

If you give notice of copyright infringement by text or e-mail alone, the copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Based on our findings, as the result of any claim or allegation of copyright infringement, we reserve the sole right and discretion to remove content from the Website, and immediately terminate any use of the Website with regard to anyone who repeatedly engages in copyright infringement.
Marketing Consent – Real Estate Agents, Lenders or Other.
For purposes of communicating with you and providing you with information and notices about your account or the Services, you hereby expressly consent that Xome Signings may communicate with you through the contact information associated with your Website account, including, without limitation, your email, mobile number, telephone, or mailing address. You may adjust your account settings both on your mobile device, as well as your browser, to control what kind of messages you receive from us; however, some features and the Services offered through the Website may not function correctly based on a change in your settings. You are solely responsible for your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
Indemnification.
You agree to defend, indemnify and hold harmless Xome Signings and the Broker, including their respective affiliates, officers, directors, employees and agents, against any and all claims, losses, damages, liability, costs and expenses (including but not limited to reasonable attorneys' fees) arising from (a) your use of the Services, including the property listing data; (b) violation of these Terms of Use; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with us and/or registration on the Website.
Complete Agreement.
These Terms of Use constitute the final, complete, and exclusive statement of the terms between the parties that pertain to the subject matter found herein, and these Terms of Use supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into these Terms of Use by, nor is any party relying on, any representation or warranty independent of those expressly set forth in these Terms of Use. No direct benefit is intended to be conferred by these Terms of Use on any person not a party hereto and any benefit which may be actually conferred is purely incidental.
Modification of Terms.
We reserve the right to modify these Terms of Use and its policies at any time without advance notice to you. Any modification of these Terms of Use or any related policy is effective once displayed or published on the Website. You are responsible for regularly reviewing these documents. Continued use of the Website after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to this Terms of Use.
Registration.
For purposes of receiving additional or enhanced Services, you are required by Xome Signings to agree to these Terms of Use and any other additional terms incorporated by reference herein. You are only authorized to use the Website as a registrant if you have agreed to abide and be bound by all applicable laws and to these Terms of Use.