Effective July 25, 2016, the End User License Agreement (EULA) will be updated. The following sections will be modified with changes shown in bold.
You may review the modified EULA by clicking here.
2.1 Transaction Fees. You shall pay the fees and other charges for the Services as stated on the Mercury Network Transaction Fees page or in this Agreement. MN reserves the right to change its fees at any time upon ninety (90) days' notice to User (other than volume discounting). You shall make all payments in U.S. currency. You agree to pay MN its reasonable expenses, including attorneys' and collection agency fees, actually incurred in enforcing its rights under this Agreement. [Removed clauses regarding suspension or termination of account].
4.3 Other terms of use. In connection with your activities on the Network, you shall further (i) to the extent reasonably practical, use the Network to obtain products and services of the type offered by members thereof, (ii) consistently encourage the use of the Network by appraisers and other participants in the real estate mortgage industry, (iii) promptly respond to all requests for services or products received from, and promptly pay for all services or products ordered from, other members of the Network, (iv) make no false or misleading representations to any party with regard to the Network or any product or service offered by you, and (v) not participate or engage in any illegal, deceptive, misleading, unethical or improper practice or infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. You further agree not to use the Network to (vi) disseminate any information about another member of the Network without the prior consent of such member, or (vii) send unsolicited e mails or other types of communications to any member of the Network for any purpose other than requesting the delivery of products or services provided by such member or a proposal to provide any such product or service.
5.1 Information Rights. MN may retain and use information collected in User's use of the Mercury Network. MN will use this information to operate the Network and to provide service(s) or carry out transaction(s) you have requested or authorized. MN may aggregate non-personally identifiable data and may use such aggregated data to provide information on appraisal fees or otherwise at its discretion. No User will be identified or associated with any such aggregated data. MN will not share personally identifiable information with any third parties unless we (i) have Your consent; or (ii) provide such information in certain limited circumstances to third parties to carry out tasks on MN's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by MN. When this is done, it is subject to agreements that oblige those parties to process such information only on MN's instructions and in compliance with this Agreement and appropriate confidentiality and security measures, and shall be conducted in compliance with applicable state and federal laws, including but not limited to privacy laws.
5.4 Incident Response. In the event MN becomes aware of any unauthorized access to or use of NPI (an "Incident"), MN shall undertake appropriate actions to address the Incident including, without limitation, assessing the nature and scope of the Incident, identifying what NPI may have been compromised, notifying appropriate law enforcement authorities where applicable, promptly notifying User and taking appropriate steps to contain and control the Incident.
7. User Communication. MN reserves the right to send service e mails notifying User of operational or other changes that may affect or change the Services offered by MN. Please note that you cannot opt out of such service e mails because these service e mails provide information critical for the operation of the Network. [Removed grant to MN written permission to send fax and or email solicitations or advertisements].
14. Disclaimer of Warranties. User understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. MN makes no representations or warranties of any kind, either express, implied or statutory, concerning the data or information available through Mercury Network or the Internet. MN'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS. MN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE; THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND/OR ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; REGARDING ANY THIRD PARTY SOFTWARE OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MN DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. [Removed NON-INFRINGEMENT].
As always, if you have any questions click Contact Support inside Mercury Network or call your Client Relations team at 1-888-794-0455.
Initial notification of these changes provided on July 18, 2016.