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3 forms found in the DOM

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ACCOUNT


TERMS AND CONDITIONS





USER MUST AGREE TO THESE TERMS BEFORE USING THE WEBSITE HAVING THE DOMAIN NAME
OF WWW.RADIAN.COM  OR CREATING ANY ACCOUNT FOR SERVICES ACCESSED THROUGH THE
WEBSITE.  BY USING THE WEBSITE OR CREATING ANY ACCOUNT, THE USER AGREES TO BE
BOUND BY THESE TERMS, AND BE LIABLE TO RADIAN, FOR ANY NONCOMPLIANCE WITH THESE
TERMS.  IF THE USER DOES NOT AGREE TO THESE TERMS, USER MAY NOT USE THE WEBSITE
AND SHOULD NOT CREATE ANY ACCOUNT.

 

Upon User accessing the website, these Terms will become valid, binding and
enforceable with respect to User in accordance with these terms. User represents
to Radian that the performance of User’s obligations under these Terms will not
constitute a default, or an event which with the passage of time, the giving of
notice, or both, would constitute a default, under any other agreement by which
User is bound.


IMPORTANT - READ CAREFULLY: Upon accessing the website, these Terms create a
binding legal contract between User and Radian.    


 

This website and all other internet websites operated and controlled by Radian
and its affiliated companies (collectively, the “Radian Site”) is provided to
you (“User”) by Radian Group Inc. and its affiliates (“Radian”), subject to the
following terms and conditions (“Terms”), which incorporate the separately
posted Privacy Policy. These Terms govern your use of the Radian Site and
services accessed through the Radian Site (“Services”). By using the Radian
Site, you agree to abide by these Terms (“Agreement”). If you are using the
Radian Site on behalf of your employer, you represent that you are authorized to
accept these Terms on your employer’s behalf. Further, you acknowledge that you
are 13 years of age or older, and, if under the age of 18, are using the Radian
Site under the active supervision of a parent, legal guardian, or other
responsible adult. Children under the age of 13 are not permitted to use the
Radian Site or submit personal information to the Radian Site.

 

 1.  Links
     
     The Radian Site may provide links to sites maintained by third parties
     (“Third Party Sites”). Radian does not operate or control any of the
     Third-Party Sites, and is not responsible or liable for any information,
     content, products, services or other materials on or available from them.
     Radian provides these links solely as a convenience to you and without
     warranties or representations of any kind, express or implied, and does not
     in any way endorse the Third-Party Sites, or any products or services
     described or provided therein.
     
     Radian is not and will not be responsible for (1) any terms or conditions
     of any transaction you enter into using a Third Party Site, (2) the credit
     worthiness, business reputation, or background of any third party, (3) the
     quality or appropriateness for your needs of any product or service you
     obtain from any Third Party Site, or (4) any other legal liability arising
     out of or resulting from your interaction with any Third Party Site or any
     transaction you enter into with any third party.

 2.  Site Content; Modification of Terms
     
     The information and materials posted on the Radian Site may contain errors,
     omissions, or typographical errors or may be out of date. Radian reserves
     the right at any time and from time to time to modify or discontinue,
     temporarily or permanently, the Radian Site (or any part thereof), with or
     without notice. Radian shall also have right at any time and without prior
     notice, at its sole discretion, to revise these Terms or to impose new
     terms and conditions with respect to access to or use of the Radian Site.
     Such modifications shall be effective immediately upon posting or other
     notice thereof. Your continued access or use of the Radian Site after
     notice of any such modifications shall constitute and be deemed your
     acknowledgement and agreement to be bound by such modification. If you
     object to any changes, you must discontinue using the Radian Site
     immediately.
     
     Radian reserves the right to update or change these Terms at any time by
     posting the most current version of the Terms on the Radian Site with a new
     Effective Date shown. All such changes in the Terms shall be effective from
     the Effective Date. Your continued use of the Radian Site and Services
     after we post any changes to the Terms signifies your agreement to any such
     changes. If you do not agree to these Terms, you must discontinue using the
     Radian Site and Services immediately.

 3.  No Legal, Financial or Professional Advice Given
     
     Your individual circumstances and needs may vary from those of others. As
     such, nothing on this website should be deemed financial or professional
     advice by Radian to you in any way.  If you choose to buy any Radian
     product or service, you should not rely on the information provided by this
     website.  You should make your decision based on your review of the policy
     documentation and/or services descriptions, the terms, conditions,
     exclusions and limitations of the specific products or applicable
     agreements and the advice provided to you by your agent and/or other
     advisors before making your purchase.
     
     The Radian Site may contain form legal documents, tools, or other resources
     ("Resources") provided for the convenience of Users. These Resources are
     for convenience only, and Radian expressly disclaims any guarantee of
     accuracy. Their presence on the site should not be construed as the
     delivery of legal advice by Radian or any other party, and the use of any
     such Resources shall be governed by any additional terms of use applicable
     to such Resources. Before using any such Resources, User agrees to consult
     independent legal counsel as to the advisability of using the Resources.

 4.  Privacy Policy
     
     The use of information provided by or about you by Radian is governed by
     Radian’s Privacy Policy. Radian shall have the non-exclusive right and
     license to use and reproduce any agent photos uploaded to the Site or an
     affiliate’s site for its everyday business purposes, including but not
     limited to the development of marketing and/or promotional materials for
     its products and services.  Radian may also share such photos and/or
     likenesses with affiliates and non-affiliates for the purposes listed in
     Radian’s Privacy Policy.

 5.  Registering
     
     You do not have to register to view information available through the
     Radian Site and Services but only registered users can access certain
     features and Services which require registration and a password for access.
     Unauthorized use of, or access to, these restricted areas is prohibited.
     Actual or attempted unauthorized use of or access to such areas may result
     in criminal and/or civil prosecution. Access to Restricted Areas may be
     monitored, analyzed and recorded and any information obtained regarding
     actual or suspected unauthorized access may be given to law enforcement to
     investigate and prosecute. You may become a registered user of the Service
     by providing your name and email address and agreeing to the terms and
     conditions specific to that Service. Radian reserves the right to deny, in
     its sole discretion, any user access to the Radian Site and Services
     without notice. You acknowledge and agree that the Site and Services may
     include security measures that permit materials to be protected or that
     limit access to, or use of, certain components, areas or elements of the
     Radian Site and Services.
     
     You may not attempt to override, bypass, disable or circumvent any of these
     security measures. By registering you agree to provide true, accurate,
     current and complete information about yourself as prompted by the
     registration form, and (ii) maintain and properly update your account
     information to keep it true, accurate, current and complete. If you provide
     information that is untrue, inaccurate, not current or incomplete, or we
     have reasonable grounds to suspect that you have, or you violate these
     Terms, as determined in our sole discretion, we have the right to suspend
     or terminate your access and refuse any and all current or future use of
     the Radian Site and Services (or any portion thereof). By permitting your
     registration, Radian does not in any way promise, warrant or guarantee that
     you will qualify for any products or Services Radian offers and information
     on the Radian Site may contain offers for products and services that are
     not announced or available in your state, country or region of the world.
     Consult your local business contact for information regarding the products
     and services, which may be available to you. Radian does not in any way
     imply that the materials on the Radian Site or the products or Services
     Radian identifies or offers are available for use outside the United States
     or in jurisdictions within the United States in which we are not licensed
     to do business, or that we are soliciting business in any such
     jurisdiction.

 6.  Security of Username and Password
     
     You are entirely responsible for maintaining the confidentiality of your
     password and account, to the extent one is required to access features or
     Services provided through the Radian Site. Furthermore, you are entirely
     responsible for any and all activities that occur under your account. You
     agree to notify Radian immediately of any unauthorized use of or access to
     your account or any other breach of security (and to provide properly
     documented evidence as reasonably requested by Radian). We will not be
     liable for any loss that you may incur as a result of someone else using
     your password or account, either with or without your knowledge. However,
     you will be liable for losses incurred by Radian or another party due to
     someone else using your account or password. You may not use anyone else's
     account at any time. Your authorization to access the restricted areas on
     the Radian Site is limited to those specific restricted areas for which you
     are granted access by us; access to any other restricted areas will be
     deemed unauthorized access. If you suspect that your password has been
     compromised in any way, change your password immediately.
     
     When you select a password and register with the Radian Site, you agree to
     the following conditions:

      * Radian is authorized to act on instructions received under your password
        without any requirement to question those instructions;
      * Radian is not liable for any unauthorized access to information you
        submit to the Radian Site, including without limitation your personal
        information, except to the extent caused by the gross negligence or
        willful misconduct of Radian;
      * Your user ID and password contain sensitive information and you will
        keep it confidential and secret; and
      * Radian may deny access or block any transaction made under your password
        without prior notice if we believe your password is being used by
        someone other than you, or if any unauthorized access to your personal
        information has occurred or may occur, or for any other reason, but we
        are under no obligation to do so.

 7.  Blocking IP Addresses
     
     You understand that in order to protect the integrity of the Services,
     Radian reserves the right at any time in its sole discretion to block a
     User from certain IP addresses from accessing the Radian Site or Services.

 8.  Submissions
     
     Except as otherwise expressly provided herein or in the Radian Privacy
     Policy posted on the Radian Site, any information, data, communication or
     material you transmit to the Radian Site, including without limitation any
     questions, comments, or suggestions (collectively, “User Submission”), is
     and will be treated as non-confidential and non-proprietary and may be used
     by Radian and its contractors, service providers, advisers, employees,
     agents, directors, officers, or representatives (collectively,
     “Representatives”) for any purpose, including but not limited to
     reproduction, marketing, disclosure, transmission, publication, broadcast,
     and posting. Furthermore, Radian and its Representatives are free to use
     any ideas, concepts, know-how, or techniques contained in any communication
     you send to the Radian Site for any purpose. To the extent you may have, by
     operation of law or otherwise, certain proprietary rights regarding a User
     Submission, you hereby grant to Radian and its affiliates a non-exclusive,
     royalty-free, fully paid-up, irrevocable worldwide license (with right to
     sublicense) to such User Submission.

 9.  No Unlawful or Prohibited Use
     
     You agree that you will not use or attempt to use the Radian Site for any
     purpose that is not permitted by law or prohibited by these terms,
     conditions, and notices. You agree that you will only use the Radian Site
     for the purposes intended by Radian (“Permitted Use”) and will not obtain
     or attempt to obtain any information that was not intended to be provided
     through the Radian Site. Also, you agree that you will not use or attempt
     to use the Radian Site in any manner that could damage, disable,
     overburden, or impair the Radian Site or interfere with any other party’s
     use and enjoyment of the Radian Site. You shall not obtain or attempt to
     obtain any materials or information through any means not intentionally
     made available or provided for through the Radian Site. You shall not, nor
     make any attempt to, alter, modify, improve, reverse engineer, disassemble
     or decompile the Radian site, any systems found on the Radian Site, the
     Services or any information obtained through the use of the Radian Site.

 10. Limitation of Liability
     
     NEITHER RADIAN NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, AGENTS,
     DIRECTORS, OFFICERS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEYS, SUCCESSORS
     AND ASSIGNS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
     PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY
     TO USE, THE RADIAN SITE.

 11. Severability
     
     You agree that the terms of this Agreement are severable. If any term or
     provision is declared invalid or unenforceable, in whole or in part, that
     term or provision will not affect the remainder of this Agreement. This
     Agreement will be deemed amended to the extent necessary to make this
     Agreement enforceable and valid; the remaining terms and provisions will
     remain in full force and effect.

 12. Choice of Law, Arbitration and Class Action Waiver

Access to or use of the Radian Site shall not be construed as Radian’s
purposeful availment of the privilege or benefits of doing business in any state
or legal jurisdiction other than the Commonwealth of Pennsylvania.  These Terms
shall be construed and enforced in accordance with the law of the Commonwealth
of Pennsylvania without regard to its choice of law principles. Except for
claims which may be subject to arbitration as set forth herein, sole and
exclusive jurisdiction for any action or proceeding arising out of, or related
to, these Terms or use of the Radian Site shall be in the state or federal
courts located in Pennsylvania.

 

BINDING ARBITRATION:  YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING
NOW OR IN THE FUTURE RELATING IN ANY WAY TO THIS AGREEMENT OR RADIAN SERVICE
("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED
(INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), ARE TO BE
RESOLVED BY BINDING ARBITRATION.  CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS
THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS,
OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE
AGREE TO WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE HAD TO A JURY TRIAL OR THE
OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. THE
ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”). NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL BE
CONSTRUED TO PREVENT RADIAN FROM BRINGING ACTION STATE OR FEDERAL COURTS WITH
RESPECT TO ANY OF RADIAN’S INTELLECTUAL PROPERTY RIGHTS, INCLUDING FOR
INJUNCTIVE RELIEF.

 

This binding arbitration provision applies to any and all Claims that you have
against Radian, its subsidiaries, affiliates, licensees, predecessors,
successors, assigns, and against all of its respective employees, agents, or
assigns; it also includes any and all Claims regarding the applicability of this
arbitration clause or the validity of the Agreement, in whole or in part. It is
made pursuant to a transaction involving interstate commerce, and shall be
governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be
amended.

 

The party filing a Claim(s) in arbitration must file its Claim(s) before the AAA
under the AAA rules of arbitration in effect at the time the Claim(s) was filed.
Rules and forms may be obtained from, and Claims made may be filed with the
American Arbitration Association. Arbitration hearings shall be held at a place
within the federal judicial district that includes your address at the time the
Claim(s) is filed, or at some other place to which you and we agree in writing.
Judgment upon any arbitration award may be entered in any court having
jurisdiction.

 

This Arbitration Agreement shall survive: (i) termination or changes in the
Agreement, and the relationship between you and us concerning the Agreement; and
(ii) the bankruptcy of any party or any similar proceeding initiated by you or
on your behalf. If any portion of this Arbitration provision is deemed invalid
or unenforceable, the remaining portions shall nevertheless remain in force.

 

CLASS ACTION WAIVER: WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU
MAY ONLY BRING A CLAIM(S) AGAINST RADIAN IN YOUR INDIVIDUAL CAPACITY AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
UNLESS RADIAN AGREES, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE YOUR CLAIM(S) WITH
ANOTHER PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE
OR CLASS PROCEEDING.  IF THE PRECEDING SENTENCE IS NOT ENFORCED FOR ANY REASON,
THEN YOU AGREE THAT IN SUCH CASE ANY CLASS DISPUTE WILL NOT BE RESOLVED THROUGH
ARBITRATION. 



13. Indemnification
You shall defend and indemnify Radian and its affiliates and any of their
employees, agents, directors, officers, representatives, shareholders,
attorneys, successors and assigns, and hold them harmless from and against any
and all claims, proceedings, damages, injuries, liabilities, losses, costs and
expenses (including reasonable attorneys’ fees and litigation expenses),
relating & to or arising from your use of, or inability to use, the Radian Site.

14. Disclaimer 
THE USE OF THE RADIAN SITE IS ENTIRELY AT YOUR OWN RISK. RADIAN IS NOT
RESPONSIBLE FOR THE CONSEQUENCES OF SUCH USE. THE RADIAN SITE IS PROVIDED “AS
IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT
OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND 2) ANY WARRANTIES OF TITLE OR
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

15. No Third-Party Beneficiaries
Except as otherwise expressly provided in these Terms, there shall be no
third-party beneficiaries to these Terms.

16. Intellectual Property
All data and materials developed or provided by Radian in connection with the
operation of the Radian Site, including without limitation all pages, screens,
functionality, text, images, and the general “look and feel” used on the Radian
Site, and all proprietary rights inherent therein or appurtenant thereto, shall
be the exclusive property of Radian and may not be used by User without the
express written consent of Radian. All content published on the Radian Site,
including without limitation any and all proprietary rights thereto, is owned by
Radian or Radian’s third-party licensors, and such content may not be copied or
distributed in any way by User for any purpose. Radian’s use of information
collected from a User shall be in accordance with the Privacy Policy. Subject to
the terms and conditions contained herein, Radian grants you a non-exclusive,
non-transferable, revocable license, without the right to sublicense, to use the
Services provided on the Radian Site solely for the Permitted Use.  The license
granted by Radian pursuant to these Terms is not perpetual.  Radian may at any
time and at its discretion terminate this license. You shall have no implied
licenses nor shall an implied license be deemed to be granted.  

17. Copyright Information
We reserve the right to remove, in our sole discretion, any User materials on
the Radian Site. We are under no obligation to, and do not, scan content posted
for any violations of third-party rights, however, we respect the copyright
interests of others and it is our policy not to permit materials known by us to
infringe another party’s copyright to remain on the Radian Site. 

If you are a copyright owner or an agent thereof and believe that anything on
the Radian Site or in the Services infringes upon your copyrights, you may
submit a notification of infringement pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing Radian’s Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on our website (please
include URLs to help us identify the material); (iv) your address, telephone
number, and email address; (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and (vi) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.  Radian’s
designated Copyright Agent to receive notifications of claimed infringement is:
 
Schnader Harrison Segal & Lewis LLP
W. Drew Kastner, Esquire
1600 Market Street, Suite 3600
Philadelphia, PA 19103
Email: dkastner@schnader.com
Tel: 215-751-2122
Fax: 215-751-2205
Mobile: 973-534-7151

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Radian and its
affiliates that your copyrighted material has been infringed.  The preceding
requirements are intended to comply with Radian's rights and obligations under
the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.  It
may be advisable to contact an attorney regarding your rights and obligations
under the DMCA and other applicable laws.

18. Trademarks
“Radian” is a trademark of Radian and may not be used in connection with any
product or service that is not provided by or sponsored by Radian.

19. Forward-Looking Statements
Some of the statements in this website may contain forward-looking statements.
These statements are based on our current expectations, estimates and
projections. Words such as “will,” “expects,” “believes” and similar expressions
are used to identify these forward-looking statements. These statements are only
predictions and as such are not guarantees of future performance and involve
risks, uncertainties and assumptions that are difficult to predict.
Forward-looking statements are based upon assumptions as to future events or our
future financial performance that may not prove to be accurate. Actual outcomes
and results may differ materially from what is expressed or forecast in these
forward-looking statements. In addition, these statements speak only as of the
date they were made, and we undertake no obligation to update or revise any
forward-looking statements, whether as a result of new information, future
events or otherwise. For more information regarding the risks and uncertainties
that we face, you should review the risks described under Item 1A, “Risk
Factors” under our most recent Annual Report on Form 10-K, Quarterly Reports on
Form 10-Q and subsequent reports filed with the Securities and Exchange
Commission.

20. General
These Terms constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral agreements
between the parties with respect to such subject matter.

21. Termination
These Terms, and any User’s use of the Radian Site, may be terminated by Radian
at any time and for any reason and without notice. All provisions of these Terms
relating to warranties, confidentiality obligations of a User, proprietary
rights, limitation of liability, indemnification obligations and shall survive
the termination or expiration of this Agreement.



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