See also: Terms and Conditions
Last Revised: March 20, 2021
By accessing, viewing, and/or using the functionalities in the Portals, you agree and acknowledge for yourself and any other person or entity on whose behalf you are acting (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local laws, regulations, and/or directives. You represent and warrant that you will access and use the Portals, and any information obtained therefrom, only for authorized and lawful business purposes. The Terms are incorporated into any loan servicing agreement between NorthMarq and any Lender using the Lender Portal. You represent that your company has authorized you to create this account.” If you do not agree to the Terms, please do not use the Portals.
Purpose of the Portals. The purpose of the Portals is to facilitate NorthMarq’s commercial mortgage loan servicing, and is intended to be used by borrowers, lenders, and NorthMarq employees. Authorized Users can use the Portals to securely view loan data and documents, upload documents, modify user profile information, and communicate with NorthMarq.
Registration.Borrowers must assign Administrators to manage credential access for their organizations. Administrators will identify their organizations’ Authorized Users, facilitate registration, and inform NorthMarq when credentials need to be modified or terminated. Lenders will work with the NorthMarq servicing team to obtain account access for Lender’s Authorized Users. If you have been directed to become an Authorized User of a Portal, you will need to accept these Terms. You will have a unique user name and you will be required to set a complex password. Each user name can be used by only one individual, and you certify that you will not share log in credentials, even within your organization. If you ever suspect that your credentials have been compromised, let us know immediately and change your password. If you are an individual accessing the Portals as agent or employee for an entity, you will cancel your account and cease accessing the Portals when you cease to be an agent or employee.
Use of the Client Portal. Borrowers (including Authorized Users who are agents acting on a borrower’s behalf) can use the Client Portal to view loan information, upload information so that it is available to lenders and NorthMarq, manage account information, and communicate with NorthMarq in its capacity as a servicer. Each borrower will identify one or more Administrators who will be responsible for granting Authorized Users—other than NorthMarq employees—with access to information about specific loans or loan portfolios. Borrower represents and warrants that NorthMarq can rely on the actions of the borrower’s Administrators, and has no responsibility to separately confirm that such access is appropriate. In addition, you represent and warrant that any information you upload is true and correct and can be relied on by NorthMarq.
Use of the Lender Portal. Lenders and its Authorized Users can use the Lender Portal to view loan information and manage account information. Lender represents and warrants that NorthMarq can rely on lender’s directions regarding access, and has no responsibility to separately confirm that such access is appropriate.
Use of the Portals by NorthMarq Employees. NorthMarq employees can use the Portals to view, access, provide support, and modify information for authorized, legitimate business purposes. NorthMarq sales staff will have access only to information on loans for which they have responsibility. These Terms supplement all policies that otherwise apply to you as a NorthMarq employee.
Prohibited Uses. You agree that you will not:
- Use the Portals in any manner that could damage, disable, overburden, or impair the Portals or interfere with another’s use of the Portals;
- Attempt to gain unauthorized access to the Portals or any computer systems or networks associated with NorthMarq;
- Obtain or attempt to obtain any materials or information through the Portals by any means not intentionally made available or provided by NorthMarq;
- Use any robot, spider, or other automatic device, process or means to access the Portals for any purpose, including monitoring or copying any of the material on the Portals;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Portals via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate NorthMarq, a NorthMarq employee, another Authorized User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Confidentiality of NorthMarq Information. You should treat all information you obtain via the Portals about NorthMarq or others as confidential, unless you are specifically authorized to disclose such information.
Intellectual Property Notices. The Portals and content therein may be protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use protected information in any manner, except as expressly permitted by NorthMarq in these Terms. Questions regarding the use of any intellectual property provided on the Portal should be directed to either email@example.com, or firstname.lastname@example.org.
Disclaimer. ALL INFORMATION OR SERVICES PROVIDED BY NORTHMARQ TO YOU VIA THE PORTALS ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. NORTHMARQ AND ITS SOFTWARE PLATFORM PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, NORTHMARQ AND ITS SOFTWARE PLATFORM PROVIDER MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PORTALS OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PORTALS. YOU SPECIFICALLY ACKNOWLEDGE THAT NORTHMARQ AND ITS SOFTWARE PLATFORM PROVIDER ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PORTALS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER NORTHMARQ NOR ITS SOFTWARE PLATFORM PROVIDER REPRESENT, WARRANT OR COVENANT THAT THE PORTALS WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. NORTHMARQ FURTHER MAKES NO WARRANTY THAT THE PORTALS WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PORTALS IS AT YOUR SOLE RISK AND THAT NORTHMARQ, ITS AFFILIATES AND THEIR SOFTWARE PLATFORM PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PORTALS OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST NORTHMARQ FOR DISSATISFACTION WITH THE PORTALS OR THE CONTENT IS TO CEASE YOUR USE OF THE PORTALS AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Indemnity. You agree to defend, indemnify and hold harmless NorthMarq and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Portals, including, but not limited to, any use of the Portals other than as expressly authorized in these Terms.
Termination and Restriction of Access. In its sole discretion, NorthMarq may terminate or suspend your access to the Portals for breach of these Terms. NorthMarq shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, NorthMarq may require you to submit any disputes arising from use of the Portals, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Portals must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Minnesota, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue in Minneapolis, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the Portals.
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NorthMarq as a result of these Terms or use of the Portals. You may not assign these Terms without the prior written consent of NorthMarq. NorthMarq may assign these Terms, in whole or in part, at any time. NorthMarq’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of NorthMarq’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Portals or information provided to or gathered by NorthMarq with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
NorthMarq Contact Information. Questions can be directed to NorthMarq at:
Attn: Loan Operations
3500 American Blvd W
Minneapolis, MN 55431