{"success":1,"message":"<div class=\"modal-dialog modal-lg\" role=\"document\">\n\t\t    <div class=\"modal-content\">\n\t\t      <div class=\"modal-header\">\n\t\t        <h5 class=\"modal-title\" id=\"modallabel\">Terms and Conditions<\/h5>\n\t\t        <button type=\"button\" class=\"close\" data-dismiss=\"modal\" aria-label=\"Close\">\n\t\t          <span aria-hidden=\"true\">&times;<\/span>\n\t\t        <\/button>\n\t\t      <\/div>\n\t\t\t<div class=\"modal-body\" id=\"termsmodal\">\n\t\t\t\t<div class=\"row\">\n\t\t\t\t\t<div class=\"col-md-12\"><p><strong>ICE Mortgage Performance Analysis (MPA) Terms and Conditions<\/strong><\/p>\r\n<p>Effective: March 1, 2024<\/p>\r\n<p>These Mortgage Performance Analysis Terms and Conditions (these &ldquo;Terms&rdquo;) are incorporated into the Master Services Agreement, Encompass Success Based Pricing Agreement, or Encompass SaaS Agreement (as applicable, the &ldquo;Agreement&rdquo;) between ICE Mortgage Technology, Inc. (&ldquo;ICE MT&rdquo;, &ldquo;we&rdquo;, &ldquo;us&rdquo;, or &ldquo;our&rdquo;, and formerly Ellie Mae, Inc.) and Customer (also referred to herein as &ldquo;you&rdquo; or &ldquo;your&rdquo;), and capitalized words used but not defined herein will have the meanings set forth in such Agreement. In addition to the terms in the Agreement applicable to all Services, these Terms apply to Customer&rsquo;s subscription to Mortgage Performance Analysis (&ldquo;MPA&rdquo;). These Terms take effect when you agree to these Terms upon payment for MPA (&ldquo;Effective Date&rdquo;). You represent to us that you have validly entered into these Terms and have the legal power to do so.<\/p>\r\n<p><strong>1.&nbsp; &nbsp;Service Features.&nbsp;<\/strong><\/p>\r\n<p>MPA is an independent, third-party analysis provided by MarketWise Advisors, LLC (&ldquo;MarketWise&rdquo;) of Customer&rsquo;s business financials to report back individual cost of origination, financial analysis, and actionable recommendations for Customer plus comparison to peer group averages.<\/p>\r\n<p><strong>2.&nbsp; &nbsp;Provision of the Service.&nbsp;<\/strong><\/p>\r\n<p>Subject to the Agreement and these Terms, during Customer&rsquo;s subscription term for MPA, Customer will be asked to complete interviews with MarketWise and will receive a quarterly MPA report delivered electronically by MarketWise. Customer acknowledges that ICE MT offers two versions of MPA, one for independent mortgage bankers (non-depositories) and one for banks and credit unions, and Customer represents that it selected the version applicable to it in the Shopping Cart. If ICE MT becomes aware that Customer selected the wrong version in the Shopping Cart, then ICE MT may automatically update the subscription to the correct version and any resulting change in price will be charged or credited, as applicable, to Customer.<\/p>\r\n<p><strong>3.&nbsp; &nbsp;Fees.&nbsp;<\/strong><\/p>\r\n<p>Customer will incur the fees for MPA set forth in the Shopping Cart on an annual basis. For the avoidance of doubt, payment obligations for MPA are non-cancelable during Customer&rsquo;s subscription term and fees paid are non-refundable.<\/p>\r\n<p><strong>4.&nbsp; &nbsp;Renewals.<\/strong><\/p>\r\n<p>Customer''''s subscription to MPA will automatically renew for additional one-year terms unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term, and should a subscription automatically renew, (a) it will renew under the same terms unless ICE MT provides Customer with notice of any changes to the current terms and (b) it will renew at ICE MT&rsquo;s then-current standard pricing, provided ICE MT provides notice of any such changes and then-current standard pricing to Customer at least 60 days before the end of the relevant subscription term.<\/p>\r\n<p><strong>5.&nbsp; &nbsp;Additional Restrictions.&nbsp;<\/strong><\/p>\r\n<p>From time to time, ICE MT may offer Customer new MPA features at no additional charge. Additional terms and conditions may apply to such new features, notice of which may be presented via email or through the Service. Customer&rsquo;s use of new features following such notice constitutes Customer&rsquo;s consent to such additional terms and conditions, which will be deemed part of these Terms.<\/p>          <\/div>\n                <\/div>\n            <\/div>           \n            <div class=\"modal-footer\">\n                <button type=\"button\" class=\"btn btn-secondary\" data-dismiss=\"modal\">Close<\/button>\n            <\/div>\n        <\/div>\n    <\/div>\n<\/div>","nextfunction":{"functionname":"openmodal","args":"modalhelper"}}