NAIC RMBS FILE TERMS OF USE

The National Association of Insurance Commissioners (NAIC) is providing a proprietary data file with information regarding non-agency Residential Mortgage-Backed Securities (“RMBS file”). The NAIC owns and retains all rights to the data within the RMBS file which has been developed specifically for regulatory compliance purposes. Following confirmation of payment of your RMBS acquisition or assessment fee, you will be provided an ID and password to access the RMBS file.

Your use of an ID and password to access the RMBS file constitutes your agreement to the terms and conditions of this agreement without limitation or exception.  If you do not understand or agree to these Terms of Use, you are not permitted to access the RMBS file. As the owner of the RMBS file, the NAIC grants you a non-exclusive, non-transferable license to use the file according to the terms and conditions stated herein.   

Insurer Limitations on Use
By clicking on the ‘I Agree’ button, you agree that you have paid the required RMBS acquisition fee/assessment to the NAIC and you agree to use the data within the RMBS file only for non-commercial, informational use. You shall not market, sell, share, transfer or otherwise distribute this data in any manner or form, including on a local area network, to any other person that is not an insurance company affiliate.  Notwithstanding the foregoing, you shall have the right to reproduce the information and data (in whole or in part, in any medium or format) for your internal use and to store the information and data in one or more databases for interrogation, analysis, manipulation, compilation, report preparation or, later retrieval. Violation of these terms will result in termination of this license to use and may result in legal action.

Third-Party Administrator (TPA) Limitations on Use
Third-party administrators (TPAs) are required to sign a hardcopy Terms of Use Agreement and return it to the NAIC, provide an insurance company client list to the NAIC, and pay an access fee prior to accessing the RMBS file. TPAs agree to use the data within the RMBS file only for insurance company clients that hold non-agency RMBS securities in their portfolio and only to assist in the preparation of insurance company client regulatory financial filings. Even after signing the Terms of Use as a permitted user, TPAs must obtain written authorization from the NAIC to use the RMBS file for each insurance company client. Permission will only be granted after the insurer has paid its assessed fee to the NAIC. The TPA is restricted from using the RMBS file for any insurance company client that has not paid its RMBS acquisition fee or assessment to the NAIC. In addition, the TPA agrees not to market, sell, share, transfer or otherwise distribute this data in any manner or form. Violation of these terms will result in termination of this license and may result in legal action.

No Warranties/Limitation of Liability
THE NAIC HAS MADE NO WARRANTY OR PROMISE, EITHER EXPRESS OR IMPLIED, with respect to the RMBS file provided herein and expressly disclaims the IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.  THE NAIC SHALL NOT BE LIABLE FOR AND YOU EXPRESSLY WAIVE ANY CLAIM FOR ANY INDIRECT LOSS, COST, OR INJURY, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SUFFERED BY YOU AS A RESULT OF RELIANCE ON OR USE OF THE DATA CONTAINED IN THE RMBS FILE.

Governing Law/Forum
The laws of the State of Missouri shall be applicable to the interpretation of these terms, without regard to any conflict of law provisions.  You hereby waive the right to a trial by jury for any disputes arising under this Agreement. 

Change in Terms of Agreement
The NAIC reserves the right to revise these Terms of Use at any time by updating this posting.

* Based on your security settings you may be required to log in more than once.