Zillow – NMLS Data Terms
As a Third-Party Provider (as defined in the Zillow Terms of Use), Lender (described in the Zillow Group Marketplace, Inc. – Lender Terms of Use or Connect Contract), or any other person or entity who has created an industry professional account with the Zillow Companies (each a “Permitted User”), You agree to be bound by these Zillow – NMLS Data Terms (“NMLS Data Terms”).
Zillow, Inc. and Zillow Group Marketplace, Inc. (collectively in these NMLS Data Terms known as “Zillow Group”) make 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 Zillow Group, or on any website or mobile application owned or operated by Zillow Group, or otherwise made available through services (“Services”) offered by Zillow 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 Zillow 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 will 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
(https://www.nmlsconsumeraccess.org/Home.aspx/TermsOfUse) 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 contracts, or any third party engaged by Permitted User (a “Security Event”), the Permitted User shall immediately notify Zillow Group, coordinate with Zillow 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 Zillow Group informed of the status and findings of the investigation, and take any steps or actions required by Zillow Group to secure the NMLS Data and any of Permitted Users’ software, hardware, systems, or devices which hold or access any NMLS Data.
- Audits. In order to ensure Permitted Users’ compliance with applicable law, Zillow Group or SRR may conduct periodic reviews of Permitted User activity and may, at the sole discretion of Zillow Group’s or SRR’s, 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 any and all audits.
- Indemnification. Each Permitted User agrees to indemnify Zillow 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 Zillow Group or SRR for which an award of monetary damages may be an inadequate remedy. Accordingly, in the event of any such breach or threatened breach, Permitted User agrees that, in addition to all other rights and remedies available to Zillow Group at law and in equity, Zillow 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 Zillow Group in these NMLS Data Terms are cumulative and are in addition to, not in lieu of, Zillow Group’s rights and remedies at law and in equity.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY. NEITHER ZILLOW GROUP NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ZILLOW GROUP DOES NOT REPRESENT OR WARRANT THAT THE NMLS DATA WILL BE ACCURATE, TIMELY, RELIABLE OR COMPLETE, OR FREE FROM MISTAKES OR ERRORS. PERMITTED USERS ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE NMLS DATA. NONE OF ZILLOW GROUP, ANY AFFILIATE OF ZILLOW GROUP, AND SRR THEREOF SHALL BE LIABLE FOR ANY LOSS OF INCOME, GOOD WILL, REVENUE OR PROFITS, TRADING LOSS, WORK STOPPAGE, DATA LOSS, FAILURE TO REALIZE EXPECTED SAVINGS OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, THIRD-PARTY OR INDIRECT DAMAGES, REGARDLESS OF WHETHER ZILLOW GROUP OR ANY AFFILIATE OF ZILLOW GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. PERMITTED USER AGREES THAT IT SHALL NOT, UNDER ANY CIRCUMSTANCES, SEEK FROM, REQUEST OR APPLY TO, ANY COURT FOR PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING FINES, PENALTIES AND ATTORNEYS’ FEES). PERMITTED USER AGREES THAT ZILLOW GROUP’S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES TO PERMITTED USER ARISING OUT OF ANY ACTS OR OMISSIONS BY ZILLOW GROUP OR ITS AFFILIATES IN CONNECTION WITH THE PROVISIONS OF NMLS DATA OR RELATED SERVICES, REGARDLESS OF THE CAUSE OR CAUSES OF SUCH LOSS OR INJURY, AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, AND INCLUDING ANY ATTORNEYS’ FEES OR LEGAL COSTS OR OTHER EXPENSES INCURRED BY PERMITTED USER AS TO WHICH SUBSCRIBER IS SEEKING TO HOLD ZILLOW GROUP OR ITS AFFILIATES LIABLE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ZILLOW GROUP IN THE THREE (3) MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR $100.
- Termination. Zillow 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, or upon request from Zillow Group, Permitted User will immediately return or destroy any NMLS Data.
- Changes. Zillow Group reserves the right to change these NMLS Data Terms, and Permitted User is responsible for regularly reviewing these NMLS Data Terms. The Permitted User’s continued use of the NMLS Data or the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. If Permitted User does not agree with the updated NMLS Data Terms, the Permitted User should discontinue use of the NMLS Data.
– Updated November 2020
