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Note: RegulatorConnect is a web portal serving professionals in the banking and mortgage industries as well as professionals regulating these industries, it is not accessible by the general public.

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IMPORTANT: THIS USER AGREEMENT (“Agreement”) IS A LEGALLY BINDING AGREEMENT BETWEEN THE END USER (EITHER AN INDIVIDUAL OR A BUSINESS ENTITY, "You", “Your”) AND LOGICEASE SOLUTIONS INC. DBA COMPLIANCEEASE (“ComplianceEase”). BEFORE USING ANY COMPLIANCEEASE SERVICES, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE BOX “I HAVE READ AND AGREE TO REGULATORCONNECT’S USER AGREEMENT” AT THE BOTTOM OF THE USER REGISTRATION PAGE AND USING THE SERVICES, YOU ARE CONSENTING TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK ON THE BOX “I HAVE READ AND AGREE TO REGULATORCONNECT’S USER AGREEMENT” AT THE BOTTOM OF THE USER REGISTRATION PAGE. PLEASE NOTE THAT YOU WILL NOT BE PERMITTED TO USE REGULATORCONNECTTM UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Description of Service. The RegulatorConnectTM Portal (the “Portal”) will assist lenders or other audited entities (each, a “Provider”) in the formatting and transmission of loan data and information (“Data”) required by the regulatory agency or agencies (“Regulator”) conducting the audit or examination of such Provider. Providers may use the tools available in the RegulatorConnectTM Portal to assist in the formatting of electronic Data, and in the validation of such Data formatting, as required by the Regulator. Providers may also use the Portal to as a means for transmitting electronic Data to Regulators for use in the examination process. Technical support is available separately from ComplianceEase; please contact ComplianceEase for more details.

2. License. Subject to the terms of this Agreement, ComplianceEase hereby grants to You a nontransferable, nonexclusive, royalty-free license (“License”) to access and use the RegulatorConnectTM Portal as set forth herein, and to access and use the documents and materials available in the Portal (“RC Materials”) in connection with Your use of the Portal. No other license or right in or to the Portal or the RC Materials is granted or implied by this Agreement.

3. Data. Once the Data has been properly formatted and validated, Providers desiring to transmit Data to Regulators through the RegulatorConnectTM Portal will upload Data files to the Portal in accordance with the provided instructions and will identify the Regulator(s) authorized to download such Data. Data uploaded to the Portal shall be retained only until the earlier to occur of (i) download of such Data from the Portal by the Regulator, or (ii) seven (7) days from the date of upload; provided, that ComplianceEase may retain the Data in the Portal for longer than seven days upon request (“Extension Request”) of the Regulator. Once the Data has been downloaded by the Regulator, or at either the end of the seventh day following the date of upload if not sooner downloaded by the Regulator or the end of the time period specified in an Extension Request, such Data will be irretrievably deleted from the Portal and destroyed.

4. Data Protection. You and ComplianceEase shall, and shall cause your Representatives (as defined below) to, (i) treat Restricted Information (as defined below) as strictly confidential and not disclose such information to any third party or Representative, except those Representatives who are required to have such information in order to perform their responsibilities in the ordinary course of business relative to the purposes of this Agreement, (ii) use all commercially reasonable efforts to safeguard such information from unauthorized use or disclosure, and (iii) not use or permit use of such information other than in the course of carrying out the contemplated purposes of this Agreement.

Without limitation of the foregoing provisions, with respect to any ComplianceEase Restricted Information, You agree not to (i) copy, duplicate or otherwise reproduce any such Restricted Information, except for archival purposes or as necessary to allow Your personnel to use such Restricted Information pursuant to this Agreement; (ii) remove or alter any product identification, trademark, copyright, confidentiality, proprietary or other notice affixed to or embodied within any such Restricted Information; or (iii) use any such Restricted Information for any purpose or in any manner inconsistent with this Agreement.

“Representatives” means employees, service providers, affiliates and agents and their respective employees; provided that not withstanding the foregoing, You may not disclose any Restricted Information to Mavent, Inc., InterThinx, Inc., Wolters Kluwer Financial Services, QuestSoft, Brooks Systems, any affiliate of the foregoing companies, or any other any vendor of automated compliance products or services or direct competitor of ComplianceEase. “Restricted Information” means all Data, the RC Materials, and any other information or data, whether in written, oral, or electronic form, that is confidential and/or proprietary to You or to ComplianceEase (or a third party from which ComplianceEase or You have obtained such information). Restricted Information includes but is not limited to (a) copyrights, trade secrets, trademarks, service marks, trade names and dress, patents, and applications relating to the same, domain names, proprietary software, code, files, materials, data, methodologies, methods, know-how, concepts, ideas, formulae, inventions, processes or procedures used in the provision of Services, including without limitation all related written, magnetic, or recorded information, documents, or materials, data, and graphics, and (b) all information relating to Your or ComplianceEase’s business, finances, marketing, products, services, customers or other third parties, or manner of operation. Restricted Information also includes, if and to the extent provided to ComplianceEase, any Consumer Information. “Consumer Information” means nonpublic personal information (as defined in the Gramm-Leach-Bliley Act of 1999 and the regulations promulgated thereunder, as the same may be amended from time to time (the “GLBA”)) about consumers provided by You to ComplianceEase.

ComplianceEase does not require, and does not anticipate that any Regulator will require, the transmission of Consumer Information through the Portal, and You are advised not to upload any such information to the Portal. In the event that a Regulator does require the provision of Consumer Information, however, ComplianceEase acknowledges that it has implemented and will maintain appropriate measures meeting the applicable requirements under the GLBA designed to (i) ensure the security and confidentiality of Consumer Information; (ii) protect against any anticipated threats or hazards to the security or integrity of Consumer Information; and (iii) protect against unauthorized access to or use of Consumer Information that could result in substantial harm or inconvenience to any consumer.

Notwithstanding the foregoing, the confidentiality obligations set forth above shall not apply to information that the recipient can demonstrate with competent proof (i) was already in the recipient’s possession without restrictions on disclosure prior to the time of disclosure under this Agreement, (ii) is or becomes generally available to the public other than as a result of a breach of this Agreement, (iii) is independently developed by the recipient without any use of or reference to the Restricted Information, or (iv) becomes available to the recipient on a non-confidential basis from a source that, to the best of the recipient’s knowledge, is not prohibited from disclosing such information by a legal, contractual or fiduciary obligation. The recipient may make disclosures of Restricted Information to the extent required by applicable law, rule, regulation, order or regulator request (a “Disclosure Requirement”); provided, that the recipient shall (i) if legally permissible, notify the discloser as promptly as practicable of the Disclosure Requirement, (ii) at the discloser’s expense, use commercially reasonable efforts to limit disclosure and obtain confidential treatment or a protective order, or reasonably cooperate with the discloser in obtaining such remedy, and (iii) if necessary, provide consent so that the discloser may participate in any proceeding related to the Disclosure Requirement.

The parties agree that in the event of an impending or existing violation of any provision of this Section 4, the discloser shall be entitled to seek immediate injunctive relief prohibiting such violation, without the necessity of posting bond, in addition to any other rights and remedies available to it.

In the event the ComplianceEase and You are parties to a mutual confidentiality or nondisclosure agreement (a “NDA”), then except as expressly provided herein, nothing in this Section 4 shall supersede or limit the terms of such NDA.

5. THE PORTAL AND RC MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND NO WARRANTY OF ANY KIND IS GIVEN HEREUNDER. COMPLIANCEEASE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PORTAL AND RC MATERIALS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, LACK OF NEGLIGENCE, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPLIANCEEASE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS, OR LOSS OF DATA OR INFORMATION) ARISING FROM OR RELATED TO THE USE, MISUSE OR PERFORMANCE OF THE PORTAL OR RC MATERIALS, EVEN IF COMPLIANCEEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPLIANCEEASE’S LIABILITY FOR ANY CLAIM RELATED TO THE PORTAL OR RC MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES, IF ANY, PAID BY YOU HEREUNDER.

6. Miscellaneous. Either ComplianceEase or You may terminate this Agreement at any time upon written notice to the other party. This Agreement (and the NDA, if any) constitutes the entire agreement between ComplianceEase and You with respect to the subject matter hereof and supersedes all prior negotiations and agreements, whether written or oral, relating to such subject matter. This Agreement may not be altered, amended, modified, or otherwise changed in any respect except with the consent of ComplianceEase and You. You may not assign this Agreement or Your rights and obligations hereunder without the written consent of ComplianceEase. In the event that any provision of this Agreement or the application of any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect and this Agreement shall be interpreted as to conform such invalid provision(s) to the requirements of law. This Agreement and all actions for the breach thereof will be governed, construed, and interpreted in accordance with the laws of the State of California without regard to or application of choice of law rules or principles. Sections 4, 5 and 6 of this Agreement shall survive any termination hereof.

If You accept all terms and conditions of the above LogicEase Solutions Inc. RegulatorConnectTM User Agreement, CLICK THE BOX “I HAVE READ AND AGREE TO REGULATORCONNECT’S USER AGREEMENT” AT THE BOTTOM OF THE USER REGISTRATION PAGE. If You do not accept, just close this window and terminate the registration process.

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LENDING EXAMINATION FORMAT (LEF) LICENSE AGREEMENT                                                   Version 1.2

IMPORTANT:  THIS LENDING EXAMINATION FORMAT (LEF) LICENSE AGREEMENT (“Agreement”) IS A LEGALLY BINDING AGREEMENT BETWEEN THE USER (either an individual or a business organization, "you") AND LOGICEASE SOLUTIONS INC. DBA COMPLIANCEEASE (“ComplianceEase”). BEFORE PROCEEDING, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE BOX “I ACCEPT THE TERMS AND CONDITIONS OF THE LENDING EXAMINATION FORMAT (LEF) LICENSE AGREEMENT” ON THE CORRESPONDING APPLICATION PAGE AND DOWNLOADING THE LENDING EXAMINATION FORMAT, YOU ARE CONSENTING TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK ON THE BOX “I ACCEPT THE TERMS AND CONDITIONS OF THE LENDING EXAMINATION FORMAT (LEF) LICENSE AGREEMENT” ON THE CORRESPONDING REGISTRATION PAGE. PLEASE NOTE THAT YOU WILL NOT BE PERMITTED TO DOWNLOAD OR USE THE LENDING EXAMINATION FORMAT UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Note: the Lending Examination Format was previously known as the “Licensee Examination File” format. These are not separate formats. If you already have been granted a valid license for the Licensee Examination File format, then you do not need to complete this process or re-accept this Agreement.

1. License.  Subject to the terms of this Agreement, ComplianceEase hereby grants to you a personal, nontransferable, nonexclusive, royalty-free license (“License”) to download and use the Lending Examination Format (LEF) for the sole purpose of formatting and exporting, or assisting lenders or other audited entities (each, an “Auditee”) with the formatting and export of, loan data and information required by the regulatory agency or agencies conducting an audit or examination of such Auditee. No other license or right in or to the LEF is granted or shall be implied by this Agreement. ComplianceEase may terminate this Agreement at any time upon written notice to you. Upon termination of this License, you shall immediately cease use of the LEF and return all copies of the LEF in your possession to ComplianceEase. 

2. Restrictions.   You and your Representatives (as defined below) shall (i) treat the LEF as strictly confidential and not disclose such information to any third party or any Representative except for those persons who are required to have such information in order to perform their responsibilities in the ordinary course of business relative to the purposes of this Agreement, (ii) use all commercially reasonable efforts to safeguard such information from unauthorized use or disclosure, and (iii) not use or permit use of such information other than in the course of carrying out the contemplated purposes of this Agreement. “Representatives” means employees, officers, directors, and agents.

       Without limitation of the foregoing provisions, you agree not to (i) copy, duplicate or otherwise reproduce the LEF except as necessary to allow your personnel to use the LEF pursuant to this Agreement or for archival purposes; (ii) modify or create derivative works or improvements based upon the LEF or any portion thereof, or seek to obtain intellectual property protection in the LEF or any portion thereof, (iii) remove or alter any trademark, copyright, confidentiality, proprietary or other notice affixed to or embodied within the LEF materials; or (iv) use the LEF for any purpose or in any manner inconsistent with this Agreement.

        The obligations of non-disclosure and non-use set forth in this Agreement shall not apply to any item of information that (i) is in the public domain at any time through no fault of the recipient; (ii) rightfully in ComplianceEase’s possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by ComplianceEase’s employees having no access to the information disclosed you hereunder; or (iii) is subsequently rightfully obtained without obligation of confidence by ComplianceEase from a third party as evidenced by written records.

        You may make disclosures of the LEF to the extent required by applicable law, rule, or regulation (a “Disclosure Requirement”); provided, that the recipient shall (i) if legally permissible, notify ComplianceEase as promptly as practicable of the Disclosure Requirement, (ii) at the discloser’s expense, use commercially reasonable efforts to limit disclosure and obtain confidential treatment or a protective order, or reasonably cooperate with the discloser in obtaining such remedy, and (iii) if necessary, provide consent so that the discloser may participate in any proceeding related to the Disclosure Requirement.

        In the event the ComplianceEase and you are parties to separate confidentiality or nondisclosure provisions or a separate confidentiality or nondisclosure agreement (in either case, a “NDA”), then except as expressly provided herein, nothing in this Section 2 shall supersede or limit the terms of such NDA, but nor shall the NDA limit any terms hereof that are more protective of the LEF than those set forth in the NDA.

3. DISCLAIMERS.  THE LEF IS PROVIDED STRICTLY "AS IS" AND NO WARRANTY OF ANY KIND IS GIVEN HEREUNDER. COMPLIANCEEASE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LEF, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LACK OF NEGLIGENCE. IN NO EVENT WILL COMPLIANCEEASE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS, OR LOSS OF DATA OR INFORMATION) ARISING FROM OR RELATED TO THE USE, MISUSE OR PERFORMANCE OF THE LEF, EVEN IF COMPLIANCEEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPLIANCEEASE’S LIABILITY FOR ANY CLAIM RELATED TO THE LEF, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES, IF ANY, PAID BY YOU HEREUNDER. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION 3 IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

4. Miscellaneous. Either ComplianceEase or you may terminate this Agreement at any time upon written notice to the other party. This Agreement (and the NDA, if any) constitutes the entire agreement between ComplianceEase and you with respect to the subject matter hereof and supersedes all prior negotiations and agreements, whether written or oral, relating to such subject matter. This Agreement may not be altered, amended, modified, or otherwise changed in any respect except with the written consent of ComplianceEase. No waiver by ComplianceEase of any rights pursuant to this Agreement shall be effective unless set forth in a writing delivered to you. Each party agrees that it has negotiated and reviewed this Agreement and that any rule of construction or interpretation requiring resolution of any ambiguities in this Agreement against the drafting party shall not apply in the construction or interpretation of this Agreement. You may not assign this Agreement or your rights and obligations hereunder without the written consent of ComplianceEase.

        You agree that in the event of an impending or existing violation of any provision of this Agreement, ComplianceEase shall be entitled to seek immediate injunctive relief prohibiting such violation, without the necessity of posting bond, in addition to any other rights and remedies available to it. In the event that a dispute arises either directly or indirectly out of this Agreement, then and in the event that arbitration, suit or action is instituted to enforce or interpret the terms of this Agreement, the prevailing party in such arbitration, suit or action, or on the appeal of such arbitration, suit or action, shall be entitled to an award of its reasonable attorneys fees as set by the arbitrator or court before which the matter is heard or appealed, and their costs, including reasonable attorney fees and costs in collection of any judgment.

        You agree to indemnify, defend and hold harmless ComplianceEase from and against all damages and costs, including reasonable attorneys fees, finally awarded against ComplianceEase or finally settled upon and arising from (i) claims arising out of your use of the LEF, or (ii) third party claims related to your breach of any of your obligations to, or violation by you of the rights of, any consumer or other third person.

        In the event that any provision of this Agreement or the application of any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect and this Agreement shall be interpreted as to conform such invalid provision(s) to the requirements of law. This Agreement and all actions for the breach thereof will be governed, construed, and interpreted in accordance with the laws of the State of California without regard to or application of choice of law rules or principles. Sections 2, 3 and 4 of this Agreement shall survive any termination hereof.

If You accept all terms and conditions of the above Lending Examination Format (LEF) License Agreement, CLICK THE BOX “I HAVE READ AND AGREE TO THE LENDING EXAMINATION FORMAT (LEF) LICENSE AGREEMENT” AT THE BOTTOM OF THE USER REGISTRATION PAGE. If You do not accept, just close this window and terminate the registration process.

 

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* If you would like to license the Licensee Examination File (LEF) data format without becoming a RegulatorConnect Registered User, please contact the Support Team at Support@RegulatorConnect.org for assistance.


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