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PRIVACY POLICY AND TERMS OF SERVICE
cdssigning.com is a service of CDS Signing Services, Inc. CDS Signing Services
provides mortgage document signing services to, lenders, title companies,
closing agents, and consumers.
SCOPE OF TERMS
These terms regard the use of the CDS Signing Services Web site only ("Web
site"), not the obligations and commitment of any individual Services
offered/provided by CDS Signing Services or any of its affiliated or related
companies, Services providers, advertisers, partners, licensors, and suppliers
(collectively, "CDS Signing Services"). For the purposes of
this Agreement, the use of the term "services" shall not include
nor apply to mortgage document signing Services or products provided to
a Customer via the CDS Signing Services Web site by CDS Signing Services.
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE.
By accessing the CDS Signing Services Web site the Customer agrees to
be bound by this Agreement. CDS Signing Services provides information
and services to the Customer conditioned on the Customer's acceptance,
without modification, of the terms, conditions, and notices contained
in this Terms of Services Agreement. By accessing and using this Web site
the User/Customer agrees to all such terms, conditions, and notices contained
in this Terms of Services Agreement.
PRIVACY AND SECURITY
CDS Signing Services knows privacy is paramount and has built its Web
site with the highest levels of security to ensure the safety and privacy
of all transaction data. In addition to ID and password protection, all
transaction data entered into the Web site is automatically encrypted
using PHP(Hypertext Preprocessor) an advanced industry security standard
that provides a high level of data protection and integrity. CDS Signing
Services, nor any of its affiliates or services providers will disclose
information about a transaction to any party not directly involved in
the transactions and authorized to access the information by this, or
other agreements.
The following information is collected from all Users and Customers in
an effort to provide the highest quality products and Services in a timely
and professional manner:
1. Customer's IP address/OS/software,
2. IP or "Internet Protocol" address,
3. Operating system (e.g., Windows 95),
4. Browser software (e.g., Netscape Communicator), and
5 Other site usage data is used to gather broad demographic information.
COOKIES
CDS Signing Services uses a technology called "cookies." These
are small files stored by the Customer's browser on their computer to
help keep track of a Customer's user profile. CDS Signing Services cookies
do not collect personally identifiable information, nor does CDS Signing
Services share them with anyone or any entity.
The CDS Signing Services privacy policy does not extend to any information
that is inherent in the operation of the Internet, and therefore beyond
the control of CDS Signing Services. The policy is not to be applied in
any manner contrary to applicable law or governmental regulation. CDS
Signing Services may disclose the Customer's personally identifiable information
if required to do so by law or in the good-faith belief that such action
is necessary to:
-conform to the requirements of the law or comply with governmental orders,
court orders, or legal process served on CDS Signing Services; or
-protect and defend the property or rights of CDS Signing Services, or
the users of CDS Signing Services products and services.
PASSWORD
In connection with the establishment of a Customer's account through the
Web site, the Customer will be required to select a password and account
name. The Customer is responsible for maintaining the confidentiality
of their password and account name, and are fully responsible for all
activities that occur under their account name. The Customer agrees to
immediately notify CDS Signing Services of any unauthorized use of their
account or any other breach of security. CDS Signing Services, its employees,
directors, agents, representatives, etc. will not be liable for any loss
or damage arising from the Customer's failure to comply with this section.
NO UNLAWFUL OR PROHIBITED USE
As a condition of the Customer's use of the Web site, Customer warrants
to CDS Signing Services that Customer will not use the Web site for any
purpose that is unlawful or is prohibited by these terms, conditions,
and notices. Customer agrees to comply with all local rules applicable
to Customer using the Web site. Customer agrees not to reproduce, resell,
or exploit for any commercial purposes, any portion of the Web site. If
any of these terms and conditions are violated, Customer's permission
to use the Web site automatically terminates.
LIABILITY DISCLAIMER
CUSTOMER USES THE WEB SITE AND Services AT CUSTOMER'S OWN RISK. If Customer's
use of the Web site, or the materials contained thereon or linked thereto
(including the download of any content or software), results in the need
for servicing or replacing property, material, equipment or data, CDS
Signing Services will not be responsible for direct and/or indirect damages
as a consequence of Customer's use of the Web site.
Reasonable effort shall be made by CDS Signing Services to provide reliable
Services. CDS Signing Services provides services on the Internet and,
as such, is subject to the operation of the Internet and telecommunications
infrastructures as well as the operation of Customer's Internet connection
Services, all of which are beyond the control of CDS Signing Services.
CDS Signing Services shall make reasonable effort to provide back-up Services
such as fax and phone Services in the event that the Internet-dependent
Services suffer outages beyond CDS Signing Services control. Users of
the CDS Signing Services Web site and services are advised that they are
conducting their transactions over the Internet. While CDS Signing Services
has taken all reasonable steps to reduce risk by building systems with
high levels of security to ensure the privacy of all transaction data
and the safe transmission of account information, risks remain due to
factors beyond the reasonable control of CDS Signing Services.
CDS SIGNING SERVICES ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING
DIRECTLY OR INDIRECTLY TO, AND CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE
FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS
OF THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE WEB SITE.
In no event shall CDS Signing Services be liable for any direct, indirect,
incidental, special or consequential damages arising out of or in any
way connected with:
-the use of this Web site,
-the delay or inability to use the Web site,
-unauthorized third party access to Customer's account, or
-any costs of procurement of substitute goods or services, whether based
on contract, tort, strict liability or otherwise, even if CDS Signing
Services, its affiliates, or their employees, agents, licensors, or suppliers
have been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation
may not apply in a particular situation. CDS Signing Services does not
make any representations or warranty that the information, software and
content contained on or accessed via this Web site will:
-meet the Customer's requirements, or
-be free from inaccuracies, mistakes, delays, interruptions or typographical
errors.
Changes are periodically added to the information herein, although CDS
Signing Services does not assume any obligation to make such changes.
CDS Signing Services may make improvements and/or changes to the Web site
at any time. CDS Signing Services is not responsible or liable for the
content, quality and timeliness of online forms, report ordering, and
similar items. USE OF THESE FORMS IS AT THE RISK OF THE CUSTOMER. CDS
Signing Services acts as a conduit for these items, and cannot be held
liable for any content or Services other than those directly related to
CDS Signing Services.
All information made available on or through the Web site is provided
"AS IS" without warranty of any kind and CDS Signing Services
expressly disclaims all implied warranties including warranties of merchantability
or fitness for a particular purpose.
CUSTOMER'S REGISTRATION OBLIGATIONS
In consideration of Customer's use of the Web site, Customer agrees to
provide full and accurate information about the Customer as requested
in the CDS Signing Services registration form and to update the registration
form in a timely manner as such information changes. If Customer provides
any information that is untrue, inaccurate, or incomplete; or CDS Signing
Services has reason to believe that such information is untrue, inaccurate,
or incomplete, CDS Signing Services reserves the right to suspend or terminate
Customer's account and refuse any and all future use of the Web site.
INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless CDS Signing Services
from and against any liability, loss, claim, demand, and expense (including
reasonable attorneys' fees) due to, or arising out of, Customer's violation
of any of the terms or conditions of this Agreement, misuse of the Web
site and Services, or any violation or misappropriation of the rights of
any third party.
TERMINATION
Customer agrees that CDS Signing Services, in its sole discretion, may
terminate Customer's password, account (or any part thereof), or use of
the Web site, and remove and discard any information that Customer has
provided to CDS Signing Services if CDS Signing Services believes that Customer
has violated or acted inconsistently with the letter or spirit of this
Agreement. Further, Customer agrees that CDS Signing Services shall not
be liable to Customer or any third-party for any termination of Customer's
access to the Web site.
CHANGES TO WEB SITE
CDS Signing Services may make improvements or changes in the information
and other materials on the Web site, or terminate the Web site (or any
portion thereof), at any time without notice. CDS Signing Services may
modify this Agreement at any time, and such modifications shall be effective
immediately upon posting of the modified Agreement. Accordingly, Customer
agrees to review the Agreement periodically, and Customer's continued
access or use of the Web site shall be deemed Customer's acceptance of
the modified Agreement.
ADVERTISERS AND THIRD PARTY SITES
The Customer's correspondence or business dealings with, or participation
in promotions of, advertisers on the Web site, including payment and delivery
of their goods or services, and any other terms, conditions, warranties
or representations related to those dealings, are solely between the Customer
and that advertiser or service provider. Customer agrees that CDS Signing
Services shall not be responsible or liable for any loss or damage of
any sort incurred as the result of Customer's dealings with advertisers
or as the result of the presence of such advertisers on the Web site.
CDS Signing Services has no control over the content and/or services
made available by sites that may be linked to or accessed through the
Web site and disclaims all responsibility and liability for such content
and services.
PROPRIETARY RIGHTS
Customer acknowledges and agrees that the Web site, any necessary software
used in connection with the service(s) provided on the Web site, and all
content contained on the Web site ("Content") is owned by CDS
Signing Services and contains or consists of proprietary and confidential
information that is protected by applicable intellectual property and
other laws. Except as expressly authorized in writing by CDS Signing Services,
Customer agrees not to copy, modify, rent, lease, sell, distribute, or
create derivative works based on the Web site, software, or any content
contained on or accessed via the Web site, in whole or in part. Customer
agrees not to reverse engineer, de-compile, reverse assemble, or otherwise
attempt to discover the source code of the software (or permit or assist
any third party in doing so).
The CDS Signing Services logos, trade names, and product and services
names contained on the Web site are the trademarks or Services marks of
CDS Signing Services. Without the prior written permission of CDS Signing
Services, Customer agrees not to display or use in any manner such logos,
trade names, product names, or service names. All other trademarks and
service marks are the property of their respective owners.
NO FRAMING
Unless Customer has received specific written permission from CDS Signing
Services, Customer may not:
-"frame" or otherwise impose editorial comment, commercial
material or any type of identification on (or in proximity to) content
displayed on the Web site, or
-alter or modify any content on the Web site.
PRIVACY POLICY NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial
institution, directly or through its affiliates, from sharing nonpublic
personal information about a Customer with a nonaffiliated third party
unless the institution provides the Customer with a notice of its privacy
policies and practices, such as the type of information that it collects
about the Customer and the categories of persons or entities to whom it
may be disclosed. In compliance with the GLBA, CDS Signing Services is
providing the Customer with this document, which notifies the Customer
of the privacy policies and practices of CDS Signing Services.
CDS Signing Services may collect nonpublic personal information about the
Customer from the following sources:
-Information received from the Customer, their attorney, their agent
and/or their representative such as on applications or other forms.
-Information about the Customer's transactions secured from CDS Signing
Services files, or from it affiliates' files.
-Information received from a consumer reporting agency.
-Information received from others involved in the Customer's transaction,
such as the title company or lender. Unless it is specifically stated
otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about the Customer. CDS Signing
Services may disclose any of the above information that CDS Signing Services
collects about its Customers or former Customers to its affiliates or
to nonaffiliated third parties as permitted by law.
CDS Signing Services also may disclose this information about its Customers
or former Customers to the following types of nonaffiliated companies
that perform marketing Services on CDS Signing Services behalf or with
whom CDS Signing Services has joint marketing agreements:
Financial Service providers such as companies engaged in banking, Consumer
finance, securities and insurance. Nonfinancial companies such as envelope
stuffers and other fulfillment Services providers.
CDS SIGNING SERVICES DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION
ABOUT THE CUSTOMER WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
CDS Signing Services restricts access to nonpublic personal information
about the Customer to those employees who need to know that information
in order to provide products or services to the Customer. CDS Signing
Services maintains physical, electronic, and procedural safeguards that
comply with federal regulations to guard the Customer's nonpublic personal
information.
MISCELLANEOUS
This Agreement and the resolution of any dispute related to this Agreement
shall be governed by and construed in accordance with the laws of California,
without giving effect to any principles of conflicts of law. Failure by
CDS Signing Services to insist upon strict enforcement of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. This Agreement constitutes the entire agreement between Customer
and CDS Signing Services with respect to the subject matter herein, and
it replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding the Web site.
If any provision of this Agreement is found invalid or unenforceable,
that provision shall be enforced to the maximum extent possible, and the
remaining provisions of this Agreement shall remain in full force and
effect. Customer agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Web
site or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The parties agree that
they will use their best efforts to amicably resolve any dispute arising
out of or relating to this Agreement. Any controversy, claim, or dispute
that cannot be so resolved shall be settled by final binding arbitration
in accordance with the rules of the American Arbitration Association,
and judgment upon the award rendered by the arbitrator or arbitrators
may be entered in any court having jurisdiction thereof. Any such arbitration
shall be conducted in Anaheim, California, or such other place as may
be mutually agreed upon by the parties. Within fifteen (15) days after
the commencement of the arbitration, each party shall select one person
to act as arbitrator, and the two arbitrators so selected shall select
a third arbitrator within ten (10) days of their appointment. Each party
shall bear its own costs and expenses and an equal share of the arbitrator's
expenses and administrative fees of arbitration.
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