NMLS Data Policy
As a Third-Party Provider, Vendor, Contractor, Partner, or any other person or entity who has created an industry professional account with Nexus Real Estate Group (each a “Permitted User”), you agree to be bound by these Nexus Real Estate Group – NMLS Data Terms (“NMLS Data Terms”).
Nexus Real Estate Group makes certain data and regulatory information regarding registered and licensed persons, registered firms, government agencies, and other sources available to Permitted Users (the “NMLS Data”). The NMLS Data has been obtained from State Regulatory Registry, LLC (“SRR”). This NMLS Data includes, but is not limited to, NMLS number, company name, lender name, and other related information regarding registered and licensed persons that is displayed in an industry professional account offered by Nexus Real Estate Group, or on any website or mobile application owned or operated by Nexus Real Estate Group, or otherwise made available through services (“Services”) offered by Nexus Real Estate Group.
NMLS Data Use. (a) A Permitted User may only use the NMLS Data associated with itself in conjunction with utilizing a service offered by Nexus Real Estate Group. Any other use of NMLS Data is expressly prohibited, including any use for any purposes referenced in Section 603(d) of the Fair Credit Reporting Act (15 U.S.C. §1681a(d)). Permitted User shall comply with all laws applicable to its use of the NMLS Data.
(b) Accessing, viewing, or using NMLS Data does not transfer or grant Permitted User any rights in the NMLS Data.
(c) The NMLS Consumer AccessSM Terms and Conditions are incorporated by reference. Any use of the NMLS Data that would constitute a breach of the NMLS Consumer AccessSM Terms and Conditions if such data had been accessed via NMLS Consumer AccessSM, shall be considered a breach of these NMLS Data Terms.
NMLS Data Restrictions. (a) Permitted Users shall not retain, copy, duplicate, modify, exploit, distribute, transmit, publicly display, reproduce, re-sell, license, edit, prepare derivative works of or incorporate into other works, or translate any NMLS Data.
(b) Permitted Users will not use any NMLS Data for the purposes of soliciting or marketing to licensed or registered persons or companies for any purpose, commercial or otherwise.
(c) Permitted users will not re-sell any NMLS Data to third parties.
(d) Permitted Users will not reference any NMLS Data in any published materials without first obtaining prior written permission from SRR. If such prior written permission is granted, Permitted User shall attribute SRR as the source. As used in this section, “published materials” includes material published in print, electronic media, and otherwise made available to individuals.
NMLS Data Security. In the event that a Permitted User becomes aware of or suspects any NMLS Data has been used, disclosed, or accessed by an unauthorized party as a result of an act or omission of Permitted User, including by any employees, directors, officers, agents, representatives, independent contractors, or any third party engaged by Permitted User (a “Security Event”), the Permitted User shall immediately notify Nexus Real Estate Group, coordinate with Nexus Real Estate Group on any related investigation (including providing any information requested as part of the same), provide any notifications required by applicable law or regulatory entity, keep Nexus Real Estate Group informed of the status and findings of the investigation, and take any steps or actions required by Nexus Real Estate Group to secure the NMLS Data and any of Permitted Users’ software, hardware, systems, or devices which hold or access any NMLS Data.
Audits. To ensure compliance with applicable law, Nexus Real Estate Group or SRR may conduct periodic reviews of Permitted User activity and may contact a Permitted User to obtain documentation supporting the reason for specific transactions, access, or use of NMLS Data. Permitted User agrees to cooperate fully with all audits, including providing records, logs, and any other documentation requested within a reasonable timeframe.
Indemnification. Permitted User agrees to indemnify Nexus Real Estate Group and its affiliates, and each of the foregoing’s officers, directors, employees, agents, and successors and assigns from and against any and all claims, demands, costs, actions, suits, liabilities, losses, settlements, judgments, expenses, and damages (including attorneys’ fees, costs, and expert witnesses’ fees) arising out of or in connection with (i) Permitted User’s use of any NMLS Data, (ii) Permitted User’s breach of these NMLS Data Terms, or (iii) a Security Event.
Remedies. Permitted User acknowledges that any breach of these NMLS Data Terms may cause substantial and irreparable harm to Nexus Real Estate Group or SRR for which an award of monetary damages may be an inadequate remedy. In addition to all other rights and remedies available to Nexus Real Estate Group at law and in equity, Nexus Real Estate Group will have the right to injunctive relief against any such breach or threatened breach. Permitted User hereby waives any requirements for the securing or posting of any bond in conjunction with such injunctive relief. All rights and remedies provided to Nexus Real Estate Group in these NMLS Data Terms are cumulative and are in addition to, not in lieu of, Nexus Real Estate Group’s rights and remedies at law and in equity.
Termination. Nexus Real Estate Group may interrupt or terminate Permitted User’s access to the NMLS Data at any time, for any reason or no reason at all. Upon termination, Permitted User will immediately return or destroy any NMLS Data.
Changes. Nexus Real Estate Group reserves the right to change these NMLS Data Terms, and Permitted User is responsible for regularly reviewing these NMLS Data Terms. Continued use of the NMLS Data or Services constitutes acceptance of such changes. If Permitted User does not agree with the updated NMLS Data Terms, they should discontinue use of the NMLS Data.