BY USING IFG’S APPLICATION PROGRAMMING INTERFACE (“API”), YOU AGREE TO THE FOLLOWING TERMS OF USE. FAILURE TO AGREE TO THESE TERMS WILL RESULT IN THE DENIAL OF A LICENSE BY IFG TO USE THE API.

The terms hereto constitute a legal agreement (the “Agreement”) between you and IFG Network LLC doing business as The Interface Financial Group (“IFG”), Virginia Limited Liability Company, that govern the terms and conditions for your use of the API, which is wholly owned and operated by IFG. The API, together with all data, text, articles, design, source code, software, images, and other content or information made available through the API is collectively referred to in this Agreement as the “API Service.” By utilizing the API Service, you acknowledge that you have read, comprehended, and assent to the terms and conditions hereto and to comply with any and all applicable, law, statute, or regulations. Further, you agree to comply with IFG’s Terms of Use.

AMENDMENT

This agreement may be amended at any time and in such instances, you will be notified of any such amendments on the IFG website. Use of the website shall constitute your intent to be bound by the terms of the Agreement as it is in its then-current form. IFG reserves the right to unilaterally terminate this Agreement without notice. 

LICENSE TO USE IFG’S API SERVICE

IFG grants you a limited license to use the API Service which cannot be sublicensed, transferred, or assigned. Use of the service is limited to any lawful use, provided it does not compete with any products or services offered by IFG. The license granted herein shall be continuous, provided that the API Service is available to you. Your violation of any terms of this Agreement shall result in the immediate revocation of the license granted herein. The license may be amended, terminated, suspended, or discontinued at IFG’s discretion without notice. Further, IFG reserves the right to restrict access to the API Service without prior notice.  Amendment, termination, suspension, discontinuance, or restriction of the license shall not result in any liability to be incurred by IFG. While the API Service may contain errors, including but not limited to technical inaccuracies or typographical errors, the API Service is offered on an “as is” basis and IFG is not responsible for providing any support or assistance in connection with your use of the API Service. Any data obtained pursuant to the API may not be published or distributed. 

LEGAL COMPLIANCE

You expressly agree that the API Service may only be used for lawful purposes as governed by any applicable federal, state, or local laws, statutes, and regulations. Such laws include, but are not limited to, the Truth in Lending Act, Fair Debt Collection Practices Act, Federal Trade Commission Act, the Equal Credit Opportunity Act, federal or state consumer privacy laws, state consumer protection statutes, state licensing laws, or any state unfair and deceptive trade practices laws. You may not use the API Service in any way that could result in criminal or civil liability. You agree to comply with the Fair Credit Reporting Act; and state credit reporting laws and regulations by using any data, text, articles, design, source code, software, images, and any other content whatsoever made available to you through the API. Use of the API from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the API. Only adults ages 18 years and older may use the API Service.

The API Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be in violation of any applicable law, statute, or regulation. By offering the API Service, no distribution or solicitation is made by IFG to any person to use the API Service in jurisdictions where the provision of the API Service is prohibited by law. 

GENERAL RESTRICTIONS

You may not (i) modify or otherwise alter the API Service; (ii) use the API service to disseminate any personally identifiable information that is not a public record of any user of the website; (iii) use the API service to harass, threaten, defame, or libel any user of the website or API Service; (iv) use the API Service to bid on listing on behalf of other lenders without IFG’s express prior written consent, or (v) utilize the API Service more than twenty (20) times per second or otherwise intentionally violate this time limit. 

MATERIAL PROTECTED BY INTELLECTUAL PROPERTY LAWS

The copyright in any data, text, articles, design, source code, software, images, and any other content or information made available through the API is vested in IFG or in the original creator of such material and is protected by the U.S. and international intellectual property laws and treaties. Unauthorized use of such materials may result in the violation of said intellectual property laws, statutes, regulations, and treaties.

ATTRIBUTION

If you use the API Service in connection with any website or with any application that makes reference to IFG and is designed for use by third parties, with or without compensation, you must conspicuously include the following notice: This website is not endorsed by, owned by or affiliated with IFG. 

FEES

The API Service is currently offered for free. IFG reserves the right to charge a fee or royalties for use of the API Service in the future. 

DISCLAIMER OF WARRANTIES

IFG DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE API SERVICE AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE API SERVICE. THE API SERVICE IS PROVIDED “AS-IS,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. IFG DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

INDEMNIFICATION

You agree to indemnify and hold harmless IFG its parent, any affiliates, any subsidiaries or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Indemnitees”) from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Indemnitees in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the API Services and any data, text, articles, design, source code, software, images or other content or information you access using the API Service or by any other means, (ii) a third party’s use of such content or information that you access using the API Service and make available to such third party, or (iii) your violation of this Agreement or any applicable law. Further, you agree that you will cooperate fully in the defense of any such claims. The Indemnitees reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of the applicable Indemnitees.

LIMITATION OF LIABILITY

THE INDEMNITEES SHALL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOST PROFITS, BUSINESS INTERRUPTION OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE API SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE INDEMNITEES’ LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS ACTUALLY PAID BY YOU TO IFG IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM. YOU EXPRESSLY AGREE THAT IF YOU ARE DISSATiSFIED WITH THE API SERVICE, YOUR SOLE RECOURSE IS TO DISCONTINUE USE OF THE API SERVICE. 

WEBSITE SUBMISSIONS

All information including, but not limited to, comments, discussions, ideas, concepts, know-how, techniques, or graphics (collectively, the “Submissions”) to IFG and its agents through the website, including any forums or other communications relating to the API Service, will be deemed and remain the property of IFG. IFG is entitled to use, without restriction or compensation, any Submission for any purpose, to the individual who has provided the Submission. IFG shall not be subject to any confidentiality provisions regarding Submissions except as expressly agreed to by IFG or as otherwise required by applicable law. IFG’s responsibilities and duties under its Privacy Policy shall not be limited by anything in this Agreement.

RELATIONSHIP

Your use of the API Service does not create, and nothing contained in this Agreement will be deemed to establish, employment, agency, franchise, joint venture, or partnership relationship between you and IFG. Use of the API Service does not provide you with the authority to enter into any agreements for or on behalf of IFG. Moreover, use of the API Service does not grant you the authority either express or implied, to incur obligations or liability on behalf of IFG. By using the API Service, you agree that no attempts to subject IFG to any such obligations or liability will be made.

NO WAIVER

Failure by IFG to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. 

CHOICE OF LAW

This Agreement and all other aspects of your use of the API Service shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of laws rules. You agree to notify IFG in writing of any claim or dispute concerning or relating to the API Service and the information or services provided through it, and provide IFG with a reasonable period of time to address it before bringing any legal action, either individually or as a class member against IFG. You agree to be subject to the personal jurisdiction of the state and federal courts located in the County of Montgomery, State of Maryland.

OTHER AGREEMENTS

This Agreement shall be subject to any other agreements you have entered into with IFG. If any such other agreements conflict with the terms of the instant Agreement, the terms herein shall control. 

ADDITIONAL TERMS

Certain sections or pages on the website may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY

In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void, or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall be interpreted so as reasonably to affect the intent of the parties hereto. The parties hereto shall use their reasonable best efforts to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that shall achieve, to the extent possible, the economic, business, and other purposes of such void or unenforceable provision. 

GENERAL PROVISIONS

This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. 

SECTION HEADINGS

The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation. All words used in this Agreement will be construed to be of such gender or number, as the circumstances require. Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms. 

CONTACT INFORMATION

Any questions regarding this Agreement or the API Service shall be directed to api@interfacefinancial.com.