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.
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.
- 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information and materials posted on the Radian Site may contain errors, omissions, or typographical errors or may be out of date.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.
- 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.
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.
- 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.
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.
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.
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.
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.
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.
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.
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
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
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.
“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.
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.
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.