Legal Disclosure
Terms and Conditions Governing the Use of this Web Site
Your access to and use of this Web site and information, documents, tools, software applications, materials made available by Fannie Mae through this Web site, including, without limitation, the graphics, icons, and overall appearance of this Web site, (collectively, including this Web site, the "Contents"), are subject to the terms and conditions set forth herein (“Terms and Conditions”). By accessing or using the Contents, you, individually or on behalf of the entity using your services, (“You”) agree to these Terms and Conditions, as amended from time to time without notice by Fannie Mae. For purposes of the Terms and Conditions, “Fannie Mae” shall include affiliates and any subsidiaries of Fannie Mae operating this Web site or portions thereof.
You acknowledge and agree that the Contents, and all copies thereof made by You hereunder, including without limitation any copyright and other intellectual property therein, are and will remain the exclusive property of Fannie Mae or its licensors. Nothing contained herein will be deemed to transfer to You any proprietary interest or other rights in the Contents or in any copyright, trademarks, patents or other intellectual property of Fannie Mae. These Terms and Conditions will not be construed as a sale, disposition or transfer of property, while publication of the Contents by Fannie Mae will not be construed as the placement of the same in the public domain. Fannie Mae does not waive any of its proprietary rights therein including, but not limited to, copyrights, trademarks, and other intellectual property rights. The availability of any Contents through this Web site shall under no circumstance constitute a transfer of any copyrights, trademarks, or other intellectual property rights of Fannie Mae to You, any Web site user, or any third party.
This Web site and the Contents are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright notice or similar proprietary claim notice from any Contents you access from this Web site.
Except as authorized under Section 4 below or as specifically set forth in connection with certain Contents, the Contents may not be used for any purpose other than internal business purposes without the prior written consent of Fannie Mae.
Unauthorized attempts to upload, extract, or otherwise scrape Contents, change the Contents, upload or otherwise rely on Contents as training data or other use in connection with artificial intelligence (“AI”) modeling applications, including Generative AI, or access Fannie Mae or third-party servers hosting the Contents, are strictly prohibited, constitute unauthorized access and/or access in excess of authorization, and may be subject to prosecution. For purpose of these Terms and Conditions scraping means relying on scripts or other programmatic functions designed to bypass standard operating functions of the Web site, chiefly to automatically extract Contents. Fannie Mae may, in its sole discretion, on a case by case basis and in writing only, authorize certain users to rely upon scripts or other programmatic functions to access certain Contents, subject to information security or other technical clearance from Fannie Mae.
THIS WEB SITE (INCLUDING ALL CONTENTS) IS PROVIDED "AS IS." FANNIE MAE MAKES NO REPRESENTATIONS, WARRANTIES OR PROMISES OF ANY KIND WHATSOEVER FOR, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO, THE CONTENTS OR THIRD PARTY WEB SITES OR FOR ANY PRODUCTS OR SERVICES MENTIONED OR OFFERED IN THE CONTENTS OR IN THIRD PARTY WEB SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, QUIET ENJOYMENT OR WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.
FANNIE MAE SHALL NOT BE LIABLE FOR ANY ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE (INCLUDING ALL CONTENTS AND THIRD PARTY WEB SITES AND CONTENTS ACCESSED THEREFROM), OR THE INABILITY TO USE THE SAME, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION LOSSES, LOSSES OF GOODWILL, SAVINGS OR DATA WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF FANNIE MAE IS AWARE OF THE POSSIBILITY OF SUCH ERRORS OR DAMAGES.
The Contents are further subject to change without notice. Fannie Mae expressly disclaims any obligation to keep the Contents up to date or free of errors or viruses, or to maintain uninterrupted access to this Web site.
This Web site provides access to certain Fannie Mae technology applications, including without limitation Desktop Underwriter® and Desktop Originator®, the use of which is governed by certain license agreements. In the event of a conflict between such agreements and these Terms and Conditions, such agreements shall govern. The fact that a provision appears here but not in such agreements shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this paragraph.
Access to and use of Fannie Mae proprietary software applications made available through this Web site not otherwise subject to such specific license agreements (“Software Application(s)”) are subject to these Terms and Conditions and the terms and conditions set forth in this Section 4 (“Software Applications End-User License Agreement”):
4.1. License
Upon successful access to a Software Application Fannie Mae hereby grants You a non-exclusive, limited, royalty-free, and revocable license to use such Software Application for internal business purposes, provided that You do not: (i) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Software Application; (ii) use the Software Application for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software Application; (iii) share personal access credentials to the Software Application; or (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software Application’s source code.
4.2. Maintenance; Updates and Upgrades
Absent a specific license agreement in place contemplating maintenance and support services, Fannie Mae may provide or terminate support and maintenance services for the Software Application at its sole discretion.
In addition to the disclaimers and limitations of liability set forth in Section 3 incorporated herein by reference, Fannie Mae does not warrant that the Software Application will perform without error, that it will run without immaterial or material interruption, that it will meet Your requirements nor that data generated by or contained in the Software Application will be accurate or complete.
4.3. Term & Termination
You may elect to, and Fannie Mae may, terminate this Software Applications End-User License Agreement for a Software Application for convenience. Further, this Software Applications End-User License Agreement for a Software Application will automatically terminate when Your access to that Software Application is terminated, including as a result of Fannie Mae retiring the Software Application at its discretion. Upon termination, the licenses granted in Section 4.1 will terminate and You will cease all use of the Software Application and delete all copies thereof in Your possession or control, as applicable.
4.4. Passwords
You will ensure that each password issued to You by Fannie Mae is securely maintained and used only by the end user to whom it has been issued. You will immediately notify Fannie Mae if an end user registered by You ceases to be authorized to access the Software Applications, including as a result of such end user no longer being employed by You. Fannie Mae is under no obligation to provide access to any end user and reserves the right at any time to change or revoke passwords.
5.1. Unsolicited Ideas
Fannie Mae will not be obligated to anyone disclosing unsolicited ideas to Fannie Mae personnel. The purpose is to avoid potential misunderstandings or disputes when Fannie Mae's business activities are similar to ideas submitted to Fannie Mae.
Absent any written agreement to that effect, the disclosure of ideas to Fannie Mae for new products, enhancements, features, innovations or inventions, or of any ideas of any sort that may be related to Fannie Mae's business, is governed by the following terms:
- Fannie Mae is in no way obligated to the disclosing party,
- Fannie Mae is not obligated to keep the idea disclosure confidential,
- Fannie Mae is not obligated to compensate the disclosing party for use of the idea, and
- Fannie Mae expects that, if the disclosing party wants to protect his/her ideas, he/she will have filed a patent application prior to the submission of such ideas to Fannie Mae.
If You are a third party not otherwise subject to an agreement with Fannie Mae governing such disclosures, You must agree to these terms prior to contacting any Fannie Mae staff and execute and submit the Unsolicited Ideas Disclosure Agreement. If You still submit your ideas to Fannie Mae without submitting the Unsolicited Ideas Disclosure Agreement, then regardless of what You or Your letter say, the above terms shall apply to Your idea submission.
If You do not agree to these terms, do not contact any Fannie Mae personnel about Your idea. Download Unsolicited Ideas Disclosure Agreement (or enter the following URL in Your browser: https://www.fanniemae.com/media/document/pdf/unsolicitedagrmntpdf
5.2. Commenting Policy
We appreciate and encourage lively discussions on this Web site. While we value openness and diverse points of view, all comments should be appropriate for people of all ages and backgrounds. We do not tolerate and will remove any comment that does not meet standards of decency and respect, including, but not limited to, posts that:
- are indecent, hateful, obscene, defamatory, vulgar, threatening, libelous, profane, harassing, abusive, or otherwise inappropriate
- contain terms that are offensive to any group based on gender, race, ethnicity, nationality, religion, or sexual orientation
- promote or endorse a product, service, or vendor
- are excessively repetitive, constitute spam or solicitation, or otherwise prevent a constructive dialogue for others
- are factually erroneous or misleading
- threaten the privacy rights of another person
- infringe on intellectual property and proprietary rights of another, or the publication of which would violate the same
- violate any laws or regulations
We reserve complete discretion to block or remove comments or disable access privilege to users who do not comply with this policy. The fact that a comment is left on this Web site does not indicate Fannie Mae’s endorsement or support for the content of the comment.
Fannie Mae does not commit to reviewing all information and materials submitted by users of this Web site for consideration or publication by Fannie Mae (“User Generated Contents”). Personal information contained in User Generated Contents is subject to Fannie Mae’s Privacy Notice (or enter the following URL in Your browser: https://www.fanniemae.com/about-us/corporate-governance/online-privacy-notice). Fannie Mae shall have otherwise no liability or obligation with respect to User Generated Contents and may freely copy, adapt, distribute, publish, or otherwise use User Generated Contents without any duty to account.
5.3. Notice of Alleged Infringement
If you believe that any content infringes your intellectual property, notification should be provided to Fannie Mae's Designated Agent in the manner prescribed below. Your notice should contain the following information and any additional information appropriate to assist Fannie Mae:
- Identification of the copyrighted work claimed to have been infringed and a copy or link to the work.
- Identification of the material claimed to be infringing and a copy or link to the material.
- Your name, address, telephone number, and email address (if applicable) 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.
- A physical or electronic signature of the person submitting the notice of the alleged infringement.
Send your notice of alleged infringement involving a Fannie Mae website to our Designated Agent at:
Ayanna Alex
Fannie Mae
1100 15th Street, NW Washington, DC 20005
202-752-1234
6.1. General Obligations
Subject to the limitations set forth below, links may be established to the main areas, sub-directories, and featured areas of this Web Site (“deep linking”).
When linking to this Web site, You:
- Should not create frames around the Web site or use other techniques that alter the visual presentation of the Web site, except as provided below.
- Should not imply that Fannie Mae is endorsing You or Your products or services.
- Should not imply an affiliation between Your company and Fannie Mae without the prior written consent of Fannie Mae.
- Should not misrepresent Your relationship with Fannie Mae or present false or misleading impressions about Fannie Mae's products or services.
- Should not publish materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.
If You link to this Web site in conformance with the foregoing, Fannie Mae grants You a limited,
non-exclusive, non-transferable, royalty-free license to use the Fannie Mae word mark and/or name of the Web site or Software Application (the "Licensed Mark") solely for the purpose of serving as a link from Your web site or other electronic publication to the Web site and its Contents.
Logos, including the Fannie Mae logo, are not licensed hereunder and may not be used by You in connection with the linking described herein, without Fannie Mae’s prior written permission. Except for the limited license to use the Licensed Mark granted in this paragraph, You may not use any of Fannie Mae's trademarks or service marks in commerce (the "Marks") without Fannie Mae's prior written permission.
You acknowledge that all rights to the Marks belong to Fannie Mae and/or its third party licensors. You will not at any time directly or indirectly contest or infringe these rights.
Fannie Mae shall have no responsibility or liability for any content appearing on Your web site or electronic publication.
Fannie Mae may at any time, in its sole discretion, immediately terminate Your license to use the Licensed Mark and Your right to link to the Fannie Mae Web sites, with or without cause. If Fannie Mae exercises this right, You will immediately remove all links to the Fannie Mae Web sites and cease using the Licensed Mark.
6.2. Links to Password-Protected Areas
Some areas of this Web site may be accessible only by entering a Fannie Mae-authorized user ID and password (the "Password-Protected Areas").
The Password-Protected Areas contain applications (such as Desktop Originator® and Desktop Underwriter®), manuals, forms, and other documents or programs (collectively, the "Licensed Products") available for use only by lenders, originators or other businesses (the "Licensed Users") that have entered into a currently effective license agreement (the "License Agreement") with Fannie Mae to use the Licensed Products. Only Licensed Users of a Licensed Product may create links to and create frames around Web pages located in Password-Protected Areas that contain the Licensed Product, subject to the conditions described below:
- Links to pages within Password-Protected Areas will be governed by all of the Fannie Mae Linking Conditions described above and below and by the terms of the License Agreement regarding the Licensed Products. By establishing a link to Password-Protected Areas, You will be deemed to have agreed to all of these terms.
- A Licensed User may create a link from its Web site to Password-Protected Areas only for the Licensed User's own internal business purposes. A Licensed User may not use a Licensed Product located in a Password-Protected Area to provide services to third parties, other than third parties who are also Licensed Users of the Licensed Product, except to the extent such services are permitted under the License Agreement for the Licensed Product.
- Links to pages within Password-Protected Areas may be established only from secure pages on Your Web site (namely, pages that require an ID and password for access), which are not accessible to the general public.
- If You create frames around pages within Password-Protected Areas, You must submit for Fannie Mae's prior review and approval screen shots displaying the method by which You will frame the Web Site. Fannie Mae may withhold its approval in its sole discretion.
- If You have questions about how to link to Password-Protected Areas that are not answered in our Link Instructions for Password-Protected Areas, please contact your Fannie Mae technology representative.
6.3. Links to Licensed Guides
This Fannie Mae Web site contains the Single-Family Selling Guide, Servicing Guide, Selling and Servicing Guide Forms, Announcements, Lender Letters, and Notices, and the Multifamily Lender Memos relevant to the Multifamily Guide(s) (defined herein as the "Licensed Guides"), updated and published, from time to time, by Fannie Mae.
In addition to Fannie Mae, Ellie Mae, Inc. ("Ellie Mae") is the exclusive publisher of electronic versions of the Licensed Guides through the AllRegs® platform. As a result, in addition to the requirements applicable under this Section 6, You may not use deep links (i.e., links that connect directly to a page of the Licensed Guides), frame or otherwise link, or provide users of your Web site direct access to pages of the Licensed Guides as posted by Fannie Mae on this Fannie Mae Web site (together with deep linking, "Linking") to the extent such Linking would materially affect Ellie Mae's publication rights. For the avoidance of doubt, (i) You may download and reproduce the Licensed Guides as posted on this Web site for Your own internal business purposes, provided that You do not reproduce, publish, distribute or otherwise make an electronic version of the Licensed Guides available to third parties, and (ii) incidental, non-systematic, Linking in support of industry news reporting, research, analysis, or commentary shall not be deemed prohibited hereunder either.
7.1. Forward-Looking Statements
Certain statements made on this Web site are "forward-looking statements" relating to matters such as Fannie Mae's anticipated financial performance, business prospects, future business plans, financial condition, or other matters. The words "believe," "anticipate," "expect," “intend,” “estimate,” “forecast,” and similar expressions generally identify forward-looking statements.
Forward-looking statements reflect Fannie Mae management's expectations of future conditions, events or results based on various assumptions and management's estimates of trends and economic factors in the markets in which Fannie Mae is active, as well as Fannie Mae's business plans. As such, forward- looking statements are subject to significant risks and uncertainties, and Fannie Mae's actual results and financial condition may differ (possibly materially) from those indicated in such statements.
Please refer to our most recent annual and quarterly filings with the Securities and Exchange Commission for a discussion of certain factors that may affect the performance, development, or results of Fannie Mae's business, and thereby cause actual conditions, events or results to differ materially from management's expressed expectations.
7.2. No Offer or Solicitation Regarding Securities
This Web site includes Contents relating to certain Fannie Mae securities, including offering documentation, Contents referenced in offering documentation, and other materials. Any such Contents are provided only for general informational purposes and do not constitute an offer to sell or a solicitation of an offer to buy any Fannie Mae securities. Fannie Mae does not intend to solicit and is not soliciting any action with respect to any Fannie Mae security through this Web site. All Contents should be read in conjunction with any other Contents or other materials that they expressly supplement or that are incorporated by reference therein. All Contents relating to securities should be read in conjunction with the appropriate offering circular or prospectus and any applicable supplement thereto.
Contents are current only as of the date of such Contents. The securities mentioned in Contents may not be eligible for sale in certain jurisdictions or to certain persons. Investors considering purchasing a Fannie Mae security should consult their own financial and legal advisors for information about such security, the risks and investment considerations arising from an investment in such security, the appropriate tools to analyze such investment, and the suitability of such investment in each investor's particular circumstances.
7.3. Terms of Securities
The terms of any particular issue of securities are governed by applicable documents establishing such terms. In the event of any inconsistency between the information in Contents regarding an issue of securities and the terms specified in, or determined pursuant to, the documents establishing the terms of such issue, the terms so specified or determined shall prevail.
7.4. Use and Redistribution of Research Data
Contents include certain pool and loan-level data and loan performance data relating to Fannie Mae mortgage-related securities released by Fannie Mae from time to time ("Research Data").
Under no circumstance may You, directly or indirectly, use, copy, modify, decompile, disassemble, scrape, cache, frame, mask, correlate, or apply any process to Research Data in order to misappropriate any information about the Research Data or derive any information about any particular individual, including but not limited to in violation of applicable privacy laws or regulations and/or in any way that would be deemed an unlawful invasion of privacy, whether or not for internal or external use of the results of such correlation. You shall comply with all federal, state and local laws and regulations governing the access, handling, and Your use of Research Data.
You will indemnify and hold harmless Fannie Mae, its service providers, licensors and customers, and their respective officers, directors, employees, agents, successors and assigns, from and against any and all losses, liabilities, damages and claims, and all related costs and expenses (including without limitation reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties), arising from or in connection with (a) Your negligence, willful misconduct, or breach of any representation or warranty under these Terms and Conditions, Your failure to perform Your obligations under these Terms and Conditions, or (c) Your receipt or use of the Research Data including but not limited to the exploitation of derived products or data. You will pay or reimburse all costs that may be incurred by Fannie Mae in enforcing this indemnity, including attorneys' fees.
Research Data is compiled by Fannie Mae from information provided by servicers and other third parties: Fannie Mae makes no representation or warranties of any kind whatsoever for, and disclaims any express or implied warranties related to, the Research Data. Research Data is subject to these Terms and Conditions' disclaimer of liability.
Research Data includes data accessible from the PoolTalk®, DUS Disclose®, and Data Dynamics®. Access, use, and redistribution of such data are further governed as follows.
7.4.1. Single-Family and Multifamily Loan Performance Data
The Fannie Mae Single-Family and Multifamily Loan Performance Data and Single-Family and Multifamily Loan Performance Loan- Level Credit Performance Data available on Data Dynamics are provided to You for internal use only, consistent with Section 2 herein, and further subject to the Fannie Mae Loan Performance Data Royalty-Free – Internal Use Only Terms and Conditions, as amended from time to time, which, among other provisions, prohibit external redistribution or external commercial use of such data, absent a separate written agreement to that effect between Fannie Mae and You.
Commercial redistribution of Fannie Mae Single-Family and Multifamily Loan Performance Data or the Single-Family and Multifamily Loan Performance Loan-Level Credit Performance Data, or commercial distribution of derived products or services based on such data, are subject to a Fannie Mae Loan Performance Data License and Subscription Agreement, a copy of which is available on fanniemae.com.
7.4.2. PoolTalk Data
Data accessible from the PoolTalk platform includes new issuance statistics (Issuance Files) and Monthly Reporting Files (Monthly Files), ("PoolTalk Data").
Absent a separate written agreement between Fannie Mae and You, the PoolTalk Data is provided to You for internal use only, consistent with Section 2 herein.
You shall indemnify, defend, and hold harmless Fannie Mae, its service providers, licensors and customers, and their respective officers, directors, employees, agents, successors and assigns, and any individuals, from any and all losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties), arising from or in connection with any claim that (a) Your negligence, willful misconduct, breach of any representation or warranty under this Section 7.4 or (b) Your failure to perform Your obligations under this Section 7.4, or (c) Your use of the PoolTalk Data. You shall not settle any such suit or claim without Fannie Mae's prior written consent if such settlement would be adverse to Fannie Mae’s interest. You agree to pay or reimburse all costs that may be incurred by Fannie Mae in enforcing this indemnity, including attorneys' fees.
Commercial redistribution of PoolTalk Data, or commercial distribution of derived products or services based on such data, are subject to a separate Data License and Subscription Agreement, a copy of which is available upon request to Investor Relations & Marketing.
Notice with Respect to FTSE USD IBOR Cash Fallbacks
This notice applies to all use of, and reference to, "FTSE USD IBOR Cash Fallbacks" or "USD IBOR Cash Fallbacks" (the "Information Product"). The Information Product is any data or service provided by Refinitiv US LLC ("Refinitiv") and is subject to this notice:
Copyright © 2021, Refinitiv. All rights reserved.
Refinitiv or its third-party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Information Product and user is not granted any proprietary interest therein or thereto. The Information Product constitutes confidential and trade secrets of Refinitiv or its third-party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Information Product in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Refinitiv.
User may use the Information Product for internal purposes only, and may not be used for any commercial purpose (including redistribution) without a license. User may copy, paste and distribute internally only an insubstantial amount of the data contained in the Information Product provided that: (a) the distribution is incidental to or supports user's business purpose; (b) the data is not distributed by user in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet; and (c) where practicable, clearly identifies Refinitiv or its third party providers as the source of the data. Data will be considered in "insubstantial amount" if such amount (a) has no independent commercial value; or (b) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Refinitiv or a substantial part of it. Please contact Refinitiv if you require a license. Refinitiv USD IBOR Cash Fallbacks is subject to Refinitiv's terms of use and disclaimer available at https://www.refinitiv.com/usdiborcashfallbacks
To the extent that the Information Product contains any third-party data referred to in the General Restrictions/Notices page set forth on https://www.refinitiv.com/en/policies/third-party-provider-terms, the terms set forth on such General Restrictions/Notices page shall apply to user.
User acknowledges that access to certain elements of the Information Product may cease or may be made subject to certain conditions by Refinitiv or upon the instructions of the third party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and user shall cease to use the Information Product and delete or destroy all copies thereof in its possession or control.
NEITHER REFINITIV NOR ITS THIRD-PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT USER'S SOLE RISK. NEITHER REFINITIV OR ITS THIRD-PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.
IN NO EVENT WILL REFINITIV OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF REFINITIV OR ITS THIRD-PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, REFINITIV OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR REDISTRIBUTOR'S PRODUCTS OR SERVICES.
7.4.3. DUS Disclose Data
DUS Disclose includes certain data ("DUS Disclose Data").
Absent a separate written agreement between Fannie Mae and You, the DUS Disclose Data is provided to You for internal use only, consistent with Section 2 herein.
You shall indemnify, defend, and hold harmless Fannie Mae, its service providers, licensors and customers, and their respective officers, directors, employees, agents, successors and assigns, and any individuals, from any and all losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties), arising from or in connection with any claim that (a) Your negligence, willful misconduct, breach of any representation or warranty under this Section 7.4 or (b) Your failure to perform Your obligations under this Section 7.4, or (c) Your use of the DUS Disclose Data. You shall not settle any such suit or claim without Fannie Mae's prior written consent if such settlement would be adverse to Fannie Mae’s interest. You agree to pay or reimburse all costs that may be incurred by Fannie Mae in enforcing this indemnity, including attorneys' fees.
Commercial redistribution of DUS Disclose Data, or commercial distribution of derived products or services based on such data, are subject to a separate Data License and Subscription Agreement, a copy of which is available upon request to Investor Relations & Marketing.
7.4.4. Fannie Mae's Discretionary Ability to Amend these Terms and Conditions with Respect to Research Data
In connection with the release of new or updated Research Data sets, Fannie Mae reserves the right to restrict access to and use of such specific Research Data sets at any time and in its sole discretion or subject those to additional obligations, terms and conditions, including but not limited to the payment of subscription fees.
8.1 HomePath
Your use of the HomePath Web site is subject to the terms and conditions set forth in these Terms and Conditions. By using the HomePath Web site, You agree to such terms and conditions. Downloading, using, printing and copying of the Contents available through the HomePath Web site are permitted for individual, non-commercial use and for use by individuals and entities, such as buyers and real estate agents, transacting business with Fannie Mae to facilitate such business transactions.
Except as described in this paragraph or the HomePath Pro StoreFront terms of use, no user of HomePath.com may resell, republish, print, download, copy, retransmit or display (by use of an html "frame" or otherwise) any Contents of HomePath without Fannie Mae’s prior specific written approval.
HomePath Online Offers Transaction Terms of Use
- The submitter (Agent or Buyer) acknowledges that an online offer to purchase within the HomePath system is equally binding as an offer to purchase made on paper.
- The seller reserves the right to accept or reject any and all offers to purchase and assumes no responsibility for any errors in the listing information. The seller is not responsible for errors, outages, connectivity or equipment failures that may occur during the process of the electronic transmission of an offer.
- The submitter (Agent or Buyer) acknowledges that all electronic messages provided by the HomePath online offer system are for the sole purpose of facilitating communication between the submitter (Agent or Buyer) and the listing agent. The seller is not responsible for the content, accuracy, timely delivery or receipt of any electronic messages provided to the submitter (Agent or Buyer) or the listing agent by the HomePath online offer system.
- The submitter (Agent or Buyer) acknowledges sole responsibility for any documents uploaded to HomePath as part of the offer. The submitter (Agent or Buyer) is responsible for ensuring that there are no additional documents, attachments or supplemental information of any kind that would alter the terms of the submitted offer.
- The submitter (Agent or Buyer) will be notified via electronic mail if his or her offer is sufficient for acceptance. The Agent or Buyer must upload their signed offer and all required disclosures and supplemental documents the final negotiated terms to HomePath within 48 hours of the notification to make a complete offer.
8.2 Community First
General Description of the Community First Web site
The Community First Web site is the web-based transaction and mapping software portal to conduct REO sales of certain vacant Fannie Mae owned properties to approved Non-Profits and Public Entities. The Web site is an interactive buyer portal management system through which approved buyers can purchase Fannie Mae owned properties. It tracks and administers the REO sale transactional details and results for each buyer.
Entities and community buyers must provide regular updates on the status of all properties acquired through end disposition of the assets.
Entities must provide the intended use of each purchased property within 5 days after closing.
Entities must report status update of each purchased property 31+ days after closing and each month thereafter until disposition of the asset.
Status updates and reporting shall be provided through the Community First Web site to ensure adherence.
If required property updates are not provided within 60 days after closing, the entity’s approval may be suspended.
Entity Vetting Process
- Community First requires a thorough and diligent review of prospective buyers to ensure it they meet the participation standards of Community First Web site.
- To be approved, the entity must demonstrate the capability and resources to adhere to all the requirements of the program.
- The vetting process includes a thorough review of the participant’s plan and mission as a community buyer.
Entity Registration Process
- Each entity must register in the Community First Web site and be approved before having the ability to take action on properties (Express Interest, etc).
- The authorized agent registering an entity in the Web site must match the name on the authorized signature documentation submitted, entity formation documentation and/or Articles of Incorporation.
Express Interest
- Each entity will be able to log into its account to review available properties once the registration has been approved.
- All properties within an entity’s approved area of interest will be available via the search screen on the Community First Web site.
- Entities have 2 business days from the original posting date to Express Interest on properties within their approved area of interest.
- Once the entity has expressed interest in a property, it has 8 business days to complete due diligence.
- Properties in which no interest has been expressed will be removed from the Community First Web site after 2 business days from day each property is available.
Pricing Acceptance
- Each entity has 2 business days to accept or decline pricing from the date pricing is made available.
- If an entity declines pricing, the property will no longer be available to that entity within the Community First Web site.
Offer/Contract
- If an entity accepts pricing, it has the ability to complete the offer process and execute within Community First Web site.
Closing
- Closing shall be coordinated between buyer, seller agent, and closing title company.
Purchaser is prohibited from transferring for sale any purchased Property to any entities or individuals that are affiliated with it or any employee of Purchaser through familial relationships, equity ownership, debt or credit arrangements, partnership, or any other means that may present a conflict of interest to purchase a Property that was purchased by Purchaser.
With respect to Fannie Mae’s retention, sharing, and use of personal information collected on the Web Site, these Terms and Conditions incorporate Fannie Mae’s Privacy Notice (or by entering the following URL in Your browser: https://www.fanniemae.com/about-us/corporate-governance/online-privacy-notice).
Use of and references to Fannie Mae’s trademarks and service marks are governed by the terms set forth in the trademarks information page (or by entering the following URL in Your browser: https://www.fanniemae.com/about-us/trademarks), part of and incorporated in these Terms and Conditions.
These Terms and Conditions and related pages set forth the entire agreement between Fannie Mae and You with respect to the subject matter hereof and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect thereto.
Fannie Mae, or its service providers as applicable, operates this Web site from the United States of America. Fannie Mae makes no representation that Contents in the site are appropriate or available for use in other locations, and access to Contents from jurisdictions where such access is illegal is prohibited. Those who choose to access this site do so on their own initiative and are responsible for compliance with applicable laws of their jurisdictions. These Terms and Conditions will be construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law provisions.
You acknowledge and agree that Fannie Mae may, with or without notice, modify, delete or amend the Contents and that Fannie Mae may further modify, delete or amend these Terms of Use from time to time. Any use of the Contents as modified following such modification will be deemed to be Your acceptance of the changes, modifications, additions, deletion or amendment to the Contents or these Terms of Use. Fannie Mae shall also have the right at any time to change or discontinue any aspect of or feature of the Contents, including but not limited to content, functionality and equipment needed for access or use.
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Terms and Conditions Last Updated March 25, 2024.
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