Terms Of Use

Next Online Mortgage Technologies, Inc., DBA Next Online Technologies ("Next") takes information security and privacy seriously. When Next receives or discloses information concerning a Next user ("User") through its secure Next website or application on www.nextomt.com or www.credex.net ("CREDEX®"), the information and the use of that information is governed by this Agreement, the Privacy Policy, and the CREDEX® User Agreement. The Terms of Use and the Privacy Policy contain important provisions designed to protect the User's non-public, personal and financial information ("Information"). These policies also define the legal duties and responsibilities of Next and Users regarding the receipt, use and disclosure of the Information. CREDEX® is a secure Internet portal which provides access to financial products and services to its authorized Users. As a condition to using CREDEX®, all Users must agree in writing with Next to act in conformity with the Privacy Policy and the Terms of Use. This protection is significant as it assures Next and Users that all Users are committed to protecting the privacy, use and disclosure of the Information. Next reserves the right at any time to modify and update the Terms of Use or the Privacy Policy. Please check this content from time to time, as your continued use of the CREDEX® signifies your acceptance of all modifications and updates. The most current version of the Terms of Use is always posted on CREDEX®. If you are dissatisfied with the Terms of Use or the Privacy Policy, the sole and exclusive remedy is to discontinue use of CREDEX®. CREDEX® is an Internet website developed and managed by Next which enables Users to obtain credit reports and other financial products and services, and safely share that Information between other designated Users. CREDEX® also offers Users several unique and sophisticated tools and applications which streamline the mortgage application process and enhance the flow of Information and communication between Users in the process.

Credit Report Disclosure. All credit reports ordered through the CREDEX® are subject to the following: (i) the Privacy Policy; (ii) an active User Agreement with Next; and (iii) the User's compliance with applicable laws and regulations regarding consumer credit and Information. Next is not a credit provider, credit reporting agency, or reseller of credit reports. Next is not a credit repair agency as defined in the Credit Repair Organization Act (CROA) and Next hereby strictly prohibits the use of any CREDEX® Service in any credit repair context or by any credit repair agency. The Next technology utilized in CREDEX® is a financial product and services portal. Next does not store credit report information, except the consumer's name and other appropriate identifying information. Next makes no representation or warranty as to the accuracy of the Information contained in the credit report but inaccuracies can be reported directly by the User to the credit bureau where the Information resides. All Users must have a permissible purpose under FCRA to obtain a consumer credit report. Section 604 of the FCRA contains a list of permissible purposes under the law. See FTC Notice to Users of Consumer Credit. Credit Reports may only be ordered through CREDEX if the Applicant authorizes the action in conjunction with an application for a mortgage loan. CREDEX® Users may only use the Credit Report Information in connection with the mortgage loan transaction and may only disclose the Information to authorized parties who are directly involved in the Applicant's mortgage loan transaction. CREDEX® is not an investigation agency, detective agency, law firm, governmental enforcement agency or credit repair company and CREDEX® prohibits its Users from acting in these capacities. FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under Title 18 of the United States Code, or imprisoned for not more than two years, or both. All CREDEX® Users must agree to abide by the FCRA as a condition to the use of CREDEX®.

Proprietary Property. Next owns the copyright of all text, screens and web pages, and the images depicted on CREDEX® unless otherwise conspicuously disclosed thereon. This proprietary information may not be used in any way that infringes upon any copyright, trademark or service marks. All site design, text, code, graphics, and interfaces, materials, information, and the selection and arrangements thereof on CREDEX® is the proprietary property of Next, or their content suppliers, and is protected by U.S. and other international copyright laws. All content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Next owns all copyrights in the selection, coordination, arrangement and enhancement of such content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by Next, noUser shall sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Next is also prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Prior permission to use, reproduce or reprint any photograph, illustration, artwork, or other material on CREDEX® must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on CREDEX® in violation of copyright, trademark and other applicable laws could result in criminal or civil penalties. CREDEX® is the protected trade name of Next and may not be used by others in connection with any product or service, in any manner that is likely to cause confusion, or in any manner that dilutes or disparages Next. All other trademarks are the proprietary property of their respective owners as indicated on CREDEX®.

Permissible Use & Limitations. Permission to use documents downloaded from CREDEX® may be granted provided that: (i) the copyright notice appears in all copies; (ii) the use of such documents is informational and only for non-commercial or personal use and may not be copied or posted in any computer network or broadcast in any media; and (iii) no modifications are made thereto. Use of such material on any other website or networked computer environment for any purpose is prohibited and illegal without written permission.

Limitation of Liability. Access to and use of CREDEX® and its contents shall be conducted at User's own risk. Next makes no warranties or representation as to the accuracy of the information contained on CREDEX®; however, Next will use reasonable care to maintain the website content. Next disclaims any liability, whether based in contract, tort, or strict liability for any direct, indirect, incidental, consequential, or special damages arising out of, or in any way connected with, the use of CREDEX® regardless of the possibility of such damage. This includes liability associated with any worms, bugs, or viruses that may infect a User's computer equipment. Next MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE CREDEX WEBSITE OR ANY SERVICE AND PRODUCT USED OR OBTAINED THEREON. Next SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED.

General. The use of CREDEX® is governed by the laws of the state of Washington, and jurisdiction is located in state and federal courts in Snohomish County, Washington. Any cause of action or claim made by a User or any other party with respect to CREDEX® or any of its services or products must be commenced within one (1) year after the claim or cause of action arises. Next's failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct or trade practices with a User shall act to modify the Terms of Use. Next may assign its rights and duties under the Terms of Use to any party at any time without notice.