You have accessed the Terms and Conditions applicable to the UCDP, a joint Fannie Mae and Freddie Mac (the “GSEs”) web site.
BY USING THE UNIFORM COLLATERAL DATA PORTAL (“UCDP”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
Important Notice for GSE Sellers
These Terms and Conditions are applicable only to use of the UCDP, and do not amend or supplement the applicable Guide or any other agreement between you and either GSE.
Important Notice for Freddie Mac Sellers
Individuals or entities on Freddie Mac's exclusionary list may be registered users of the UCDP. A Seller’s ability to select an appraisal management company or other party in connection with the use of the UCDP does not constitute Freddie Mac’s endorsement or approval of the appraisal management company or other party and does not relieve Seller of any obligations pursuant to the Guide or Seller’s other purchase documents, including the requirements in Guide Section 2.24 related to the exclusionary list.
Unauthorized Access, Copying or Downloading
Access to the UCDP for any unlawful purpose is expressly prohibited. No portion of the UCDP may be published, sold, republished, printed, copied, retransmitted, reposted, or displayed on a web site or in other communication materials without prior written consent.
User Registration and Account Creation, User Name ID and Password Security
You agree that you will provide accurate, truthful, and current registration information. You agree that you will not: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that is inappropriate. The GSEs have no obligation to verify the authenticity of any registration information, but reserve the right to refuse to create your account for any reason. You are solely responsible for maintaining the confidentiality of your registration information and passwords. The GSEs will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. The GSEs reserve the right to terminate access to all or any portion of the UCDP at any time without notice.
Third Party Products and Services; Links
From time to time, products and services provided by third parties (the "Third Party Services") may be offered for sale or made available through links from the UCDP. Except to the extent expressly stated otherwise, the GSEs have no control over any such Third Party Services. In no event will the GSEs have any liability related to the Third Party Services. Any such offer of the Third Party Services does not constitute an endorsement by the GSEs of the Third Party Services or the providers thereof.
Periodically, links may be established between the UCDP and web sites operated or content provided by third parties (each a "Third Party web site"). Except to the extent expressly stated otherwise on UCDP, the GSEs have no control over any such Third Party web site and in no event will the GSEs have any liability related to the Third Party Services.
No Warranties; Limitation of Liability
The GSEs do not guarantee that the Information posted on or linked to the UCDP web site is accurate, current or suitable for any particular purpose. The GSEs assume no obligation to update or continue to post or link to the Information. The GSEs do not guarantee that access to the UCDP will be uninterrupted, or that the UCDP cannot be tampered with by third parties. While the GSEs have implemented security measures designed to protect most information sent to the UCDP, the GSEs do not guarantee that information sent to the UCDP will not be obtained, reviewed, disclosed or tampered with by third parties. UCDP, THE INFORMATION POSTED OR LINKED THERETO AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE UCDP, SUCH INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO EVENT WILL THE GSES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE UCDP (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED THERETO), ANY THIRD PARTY WEBSITE, ANY THIRD PARTY SERVICES OR ANY INFORMATION CONTAINED IN OR LINKED TO THE UCDP OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE GSES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law; Access Restrictions
These Terms and Conditions will be construed in accordance with the substantive laws of the Commonwealth of Virginia, United States of America, excluding provisions of Virginia law concerning choice-of-law that would result in the laws of any state or country other than Virginia being applied. However, the Uniform Computer Information Transactions Act (or any substantially similar law enacted by Virginia) will not apply to these Terms and Conditions, and instead the law of Virginia as it exists without reference to the Uniform Computer Information Transactions Act will apply. Any claims, actions or proceedings related to UCDP or these Terms and Conditions must be brought in the Federal District Court for the Eastern District of Virginia, Alexandria Division. By using the UCDP, you agree to submit to the jurisdiction of said court for such purposes. THE GSES MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED IN OR LINKED TO UCDP IS APPROPRIATE OR LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY OR USE IN LOCATIONS OTHER THAN THE UNITED STATES OF AMERICA, AND ACCESS TO SUCH INFORMATION FROM JURISDICTIONS WHERE SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY INFORMATION FROM OR THROUGH UCDP, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Software, Information and encryption codes from the UCDP may be subject to United States export control laws and regulations ("Export Laws"). No software, Information or encryption codes may be downloaded from the UCDP or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; (ii) by or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in a manner that otherwise violates the Export Laws. By downloading or using any such software, Information or encryption codes, you represent and warrant that you will comply with all applicable Export Laws related thereto.
Supplemental Terms and Conditions
Supplemental or different terms and conditions than those set forth in these Terms and Conditions may be applicable to information you receive or transactions you engage in using the UCDP. Any such supplemental or different terms and conditions (i) will be included in a separate agreement, (ii) will be in addition to these Terms and Conditions, and (iii) will, if expressly so indicated, supersede conflicting portions of these Terms and Conditions.
Updates to Terms and Conditions
The GSEs may modify these Terms and Conditions from time to time. The GSEs will post modifications to these terms on this page. Changes will become effective immediately. If you do not agree to the modified Terms and Conditions, you should discontinue your use of UCDP.
The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by the GSEs of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
You agree to indemnify and hold harmless the GSEs and each of their directors, officers, employees and agents from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees, arising out of any action or claim related to any negligent or willful act or omission by you while accessing the UCDP or your failure to comply with any of these terms and conditions.
Copyrights and Intellectual Property
Except as otherwise noted, all information, documentation, and other content posted in the UCDP is the property of the GSEs. Without limiting the foregoing, the graphics, icons, and overall appearance of the UCDP are the property of the GSEs.
You may not use either GSE’s name, logo, designs, product identifiers, slogans, trademarks, and service marks in any advertising, publicity or promotion, or in any other commercial manner without prior written consent.
You may not publish, sell, republish, print, download, copy, retransmit, repost, or display any portion of the UCDP on your website or in other communication materials without the GSE’s prior written consent.
Information and Data Submitted to UCDP
The GSEs will have the right to use all information and data submitted to the UCDP, including but not limited to any field on an appraisal report, all information and data entered by you or on your behalf, and any other information and data obtained by or transmitted through the UCDP, (collectively, the "UCDP Data") for all purposes related to the UCDP or the appraisal or loan to which the UCDP Data relates and for analytic, statistical, quality control and similar purposes. In addition to the foregoing, the GSEs will have the right to (i) provide the UCDP Data to any agency of the federal government or any state government, and (ii) provide statistical, comparative and summary information to their customers and other third parties. Unless required by applicable law, the order of a court or the order of an agency that either regulates or has jurisdiction over the GSEs, the GSEs will not disclose UCDP Data in a manner that either (a) associates UCDP Data with a particular user or (b) is designed to enable the recipient of the UCDP Data to determine which appraisals were entered into the UCDP by a particular user, except as necessary to process appraisals through the UCDP or to enable a contractor to provide services related to the UCDP.
The Designated Agent for Notice of Alleged Infringement
The GSEs respect the intellectual property of others and we expect visitors to the UCDP to do the same. The GSEs reserve the right to delete material transmitted to the UCDP by any electronic means or posted into any portion of the UCDP that may infringe on the intellectual property rights of the GSEs or others.
If you believe that any content infringes your intellectual property, please notify the GSEs as soon as the alleged infringement comes to your attention. Notice should be provided to the UCDP copyright notice agent in the manner prescribed below. Your notice should contain the following information and any other information you believe is appropriate:
- A physical or electronic signature of the person submitting the notice of the alleged infringement.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered, a representative list of such works at that site.
- Identification of the material claimed to be infringing and information reasonably sufficient to permit the GSEs to locate the material.
- Your address, telephone number, and if available, an electronic mail address at which you may be contacted.
- A statement that you, in good faith, believe that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- The agent for notice of alleged infringement involving the UCDP can be reached here.