Ellie Mae Terms of Use


Effective Date: These Terms of Use are Effective as of September 1, 2020.

I. General

These Terms of Use apply to you when you view, access or otherwise use the website located at www.elliemae.com (the “Website”). The Website is owned by Ellie Mae, Inc. (together with its affiliates, “Ellie Mae”), with offices at 4420 Rosewood Drive, Suite 500, Pleasanton, CA 94588. For the purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Ellie Mae and “you” or “your” refer to a user of this Website.

These Terms of Use (“Terms”) govern your use of the Website, but do not authorize you to access or use Ellie Mae’s proprietary mortgage industry solutions and/or software (the “Ellie Mae Services”).

The Website may contain links to login pages for Ellie Mae Services, which are provided subject to separate license agreement with Ellie Mae customers (the “Customer Agreements”). Users who are authorized to access the Ellie Mae Services pursuant to a Customer Agreement must first create a user account and are permitted to access the Ellie Mae Services only in compliance with the applicable Customer Agreement or additional terms which may be set forth on such pages.

All site visitors are subject to these Terms, and must be over the age of 18. By accessing or using the Website, you are acknowledging that you are over 18 years of age, and that you have read, understand and agree without limitation or qualification to be bound by these Terms. If you do not agree with these Terms or are not over the age of 18, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so. Ellie Mae may modify these Terms from time to time without notice. Your continued use of the Website after any changes to these Terms will be deemed your acceptance of those changes.

II. Privacy Policy

In addition to these Terms, you use of and access to the Website is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information as a site visitor. You agree that you have read, agreed to and understand Ellie Mae’s complete Privacy Policy.

III. Use of the Website and Website Content

Your Right to Use the Website. Subject to these Terms, and excluding access to the Ellie Mae Services, we grant you a nonexclusive, nontransferable, nonsublicensable, revocable, limited right to access and display the Website, copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided hereon (collectively, “Website Content”), subject to the following limitations:

  • your use of the Website is conditioned upon your prior acceptance of these Terms;
  • you agree not to distribute in any medium any part of the Website or Website Content without our prior written consent;
  • you agree not to alter or modify any portion of the Website or Website Content;
  • you agree not copy, reproduce, distribute, display portions of or link to this Website or any Website Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Website, or the use of the Website to generate advertising or subscription revenue);
  • you agree to use the Website and the Website Content only for lawful, personal and informational purposes, and you agree that you will not use the Website in any manner which violates any applicable local, state, national or international law; and
  • Ellie Mae reserves the right to suspend or discontinue access to all or any portion of the Website at any time.

Ownership and Copyright Protection. The Website and all Website Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, Ellie Mae or the party listed as the provider of the applicable Website Content. Except as expressly stated in these Terms, the Website and all Website Content (including without limitation all look and feel) is owned by or licensed to Ellie Mae to the fullest extent permitted by applicable laws. The Website and all Website Content is provided “as is” solely for your personal use and informational purposes. In accessing and displaying any Website Content in accordance with the limited rights granted under these Terms, you agree to abide by all copyright, trademark and other notices contained in such Website Content, or if none, to abide by the following copyright and trademark notice with respect to such Website Content: © 2020 Ellie Mae, Inc. The Ellie Mae logo and all associated trademarks and logos used herein are trademarks of Ellie Mae, Inc. Other company and product names, logos and trademarks used herein are the property of their respective owners. All rights reserved.

Trademarks. © 2020 Ellie Mae, Inc. Ellie Mae®, Encompass®, AllRegs®, Mavent®, Velocify®, the Ellie Mae logo and other trademarks or service marks of Ellie Mae, Inc. appearing herein are the property of Ellie Mae, Inc. or its subsidiaries. All rights reserved. Other company and product names may be trademarks or copyrights of their respective owners.

Linked Sites. Links may appear on the Website to third party website(s) which are not owned or operated by Ellie Mae (“Linked Sites”). These links are provided solely as a courtesy to our Website visitors. Ellie Mae reserves the right to add, change, decline or remove any link at any time. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site, and we recommend that you review the policies applicable to these sites prior to your use of such Linked Site. Ellie Mae is not responsible for and does not endorse or warrant any materials, information, goods or services available through Linked Sites or the privacy or other practices of such Linked Sites.

IV. Disclaimer of Warranty, Limitation of Liability and Indemnification

Disclaimer of Warranty. USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL WEBSITE MATERIALS ARE PROVIDED "AS IS", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ELLIE MAE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ELLIE MAE MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation of Liability. IN NO EVENT WILL ELLIE MAE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ELLIE MAE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

Indemnification. You agree to defend, indemnify and hold Ellie Mae harmless from and against any liability, loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand based on or arising out of: (i) your use of or access to the Website or products or services hosted thereon; (ii) your violation of any third party proprietary or other rights; (iii) your breach of these Terms of Use; or (iv) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Ellie Mae’s infrastructure. You shall not settle any such claim, action or demand unless such settlement completely and forever releases Ellie Mae from all liability with respect to such claim or unless Ellie Mae consents to such settlement in writing (which consent shall not be unreasonably withheld).

V. Governing Law

Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Alameda County, California. You acknowledge that Ellie Mae may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.

VI. Miscellaneous

Suggestions and Feedback. Ellie Mae welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to Ellie Mae, all such feedback and comments shall be the sole and exclusive property of Ellie Mae, and Ellie Mae shall have the right to use such feedback in any manner and for any purpose in Ellie Mae’s discretion without remuneration, compensation or attribution to you, provided that Ellie Mae is under no obligation to use such feedback.

Interpretation, Assignment and Entire Agreement. These Terms, together with our Privacy Policy, form the complete and exclusive agreement between you and Ellie Mae relating to the Website If you also use any Ellie Mae Services, you agree to be bound by the terms of the Customer Agreement. In the event of a conflict between these Terms and the Customer Agreement, the Customer Agreement shall take precedence.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ellie Mae without restriction. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Us. If you have any questions, comments or concerns regarding these Terms of Use and/or the Website, please send an email to: legal.department@elliemae.com. Please note that communications made through e-mail or the Website’s messaging systems shall not be deemed to constitute legal notice to Ellie Mae or any of its officers, employees, agents or representatives. You may provide legal notice to Ellie Mae in writing by first class mail, return receipt requested, or national overnight courier, at: Attn: Legal Department, Ellie Mae, Inc. 4420 Rosewood Drive, Suite 500, Pleasanton, CA 94588.