Privacy Policy — Acceptable Use Policy (Applicant)

CreditXpert, Inc. Acceptable Use Policy

Effective as of: January 2022

Welcome to the CreditXpert® platform, which provides tools, products and services designed to help consumers (and their mortgage lender prospects) better understand and manage their financial health.

This Acceptable Use Policy (“AUP”), is made a part of your Terms of Service (the ”Terms”), and governs access of the Services by you. If there is any conflict between this AUP and the Terms, the provisions of the Terms will control. Unless expressly defined in this AUP, all capitalized terms have the meaning assigned to them in the Terms.

All access and use of the Services is subject to the following terms and conditions:

• Acceptable Use. You must comply with the acceptable use conditions listed below, as well as any acceptable use policy posted by CreditXpert on its platform or made available to you through the Services. CreditXpert reserves the right to modify its AUP at any time by posting the revised AUP on its website or making the revised AUP available through the Services. Each use of the Services after the posting date of a revised AUP indicates acceptance of the revised AUP by you.
• Confidentiality. You will (a) create a password that is unique to the Services and is not, and will not be, re-used across other, unaffiliated services; (b) keep your access credentials (e.g., user names and passwords) confidential, (c) not lend, sell, transfer, or assign your account to anyone else; and (d) not allow anyone else to log into the Services as you. You are responsible for all activities that occur under your user account.
  Equipment. You are solely responsible for all equipment and other resources necessary to connect to and communicate with the Services, and receive two-factor authentication or other verification codes.
• Restrictions. You may use the Services solely as expressly permitted in the Terms, including this AUP. All content and information on the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such content and information, is proprietary to us or our licensors. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or lease, sell or re-sell or otherwise distribute any such content or information obtained from or through the Services. This AUP includes a nonexclusive list of actions prohibited by CreditXpert; without limiting the generality of the foregoing, you may not engage in any of the following:

No Illegal, Harmful, or Offensive Use

You may not:

• encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive;
• use the Services to send infringing, obscene, threatening, libelous, or otherwise unlawful material;
• upload to the Services or use the Services to send or store, any virus, worm, time bomb, Trojan horse or other harmful or malicious code, file, script, agent or program;
• use the Services to operate in or as a time-sharing, outsourcing, service bureau, application service provider or managed service provider environment;
• resell the Services, in whole or in part, to any entity or individual, or misrepresent your relationship with CreditXpert;
• remove, modify or obscure any copyright, trademark or other proprietary rights notices which appear in or on the Services or any report or other output generated thereby;
• use the Services or any of CreditXpert’s resources to violate the intellectual property or privacy rights of any person or entity;
• access, monitor, or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep-link to any portion of the Services for any purpose without our express written permission;
• “frame”, “mirror”, or otherwise incorporate any part of the Services into any other website or application without our prior written authorization;
• attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by CreditXpert in connection with the Services or the content we provide;
• attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Services by any means;
• access the Services in order to build a competitive product or service;
• use or access the Services outside of the United States; or
• log in using an alias that masks your true identity, impersonate any other person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any other person or entity.

No Security Violations

You may not:

• attempt to gain unauthorized access to the Services or any related system or network;
  interfere with or disrupt the integrity or performance of the Services;
• use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device;
• probe, scan, or test the vulnerability of the Services or breach any security or authentication measures used by the Services;
• perform penetration or load testing on the Services, or any CreditXpert server, cloud or other CreditXpert infrastructure, without the prior written consent of CreditXpert;
• circumvent authentication or security of the Services or any application, host, network, or account; nor interfere with service to any user, host or network;
• violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
• take actions which result in access, or attempts to access, the Services from more than one computer at any one time;
• distribute, share or reveal any End User’s user name or password for the Services with anyone, or allow use of an End User’s account by others.

No E-Mail Abuse

You may not:

• use the Services to send spam or otherwise duplicative or unsolicited messages in violation of any Applicable Laws;
• alter or obscure e-mail headers or format;
• distribute, publish, send, or facilitate promotions, advertising, or solicitations, including commercial advertising or informational announcements, except as permitted under the Services.

CreditXpert, in its sole discretion, will determine on a case-by-case basis what actions will be taken in response to a violation of this AUP. CreditXpert reserves the right to investigate suspected or alleged violation of this AUP, including gathering information from you and examining material on CreditXpert servers. Nothing contained in this AUP shall be construed to limit CreditXpert’s actions or remedies in any manner, and CreditXpert reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and suspending or terminating their access to its Services and levying cancellation charges to cover CreditXpert costs in the event of suspension or termination for the causes outlined above. CreditXpert reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.