Terms of Use

Effective and last updated: August 7, 2026

Introduction

Nexus Nova LLC (“Nexus Nova”, “we”, or “us”) owns or operates certain websites. 

Nexus Nova provides such websites (i.e., https://nexusnova.com/, https://rosegate.com/, and https://www.rosegateservicing.com/) (hereinafter, the “Websites”) and the information contained therein for general informational overview purposes only. The Websites and the information contained therein are subject to the following terms of use (“Terms of Use”) and govern your access to and use of all or part of the Websites, as well as the content, materials, products, or services available on or through the Websites. These Terms of Use apply to all users and visitors of the Websites. Please carefully review these Terms of Use in their entirety before you start to use the Websites. 

Acceptance of the Terms of Use 

By accessing, viewing, downloading, or otherwise using the content, materials, products, or services available on or through the Websites, or otherwise clicking to accept or agree to these Terms of Use when the option is made available to you on the Websites, you acknowledge and agree to these Terms of Use, our Privacy Policy, and, if applicable, our California Consumer Privacy Act Policy (“CCPA Policy”). By accessing, viewing, downloading, or otherwise using the content, materials, products, or services available on or through the Websites, you certify that you have read, understand, and agree to be legally bound to these Terms of Use, our Privacy Policy, and, if applicable, our CCPA Policy, both on your behalf and, if applicable, on behalf of the company or organization you represent. Use of the Websites, or any content, materials, products, or services available on or through the Websites, in a manner that conflicts with these Terms of Use is deemed to be a violation of the Terms of Use and may subject you to civil and/or criminal penalties. 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY, OR, IF APPLICABLE, OUR CCPA POLICY, PLEASE DO NOT VISIT, ACCESS, OR OTHERWISE USE THE WEBSITES OR ACCESS, VIEW, DOWNLOAD, OR OTHERWISE USE THE CONTENT, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITES. 

Changes to the Terms of Use 

Nexus Nova reserves the right to revise these Terms of Use at any time and for any reason. Nexus Nova will have no obligation to notify individuals that visit, view, access, or otherwise use the Websites, or individuals that access, view, download, or otherwise use the content, materials, products, or services available on or through the Websites, of updates to these Terms of Use. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction and the Arbitration and Dispute Resolution provisions of these Terms of Use will not apply to any disputes, claims, or controversies for which actual notice of the dispute, claim, or controversy has been received from the disputing party by the other party hereto before the date the change is posted on the Websites. 

Your continued use of the Websites or any of the content, materials, products, or services available on or through the Websites following posting of any changes to the Terms of Use will mean that you agree to and accept the new Terms of Use in their entirety. You should periodically review the Terms of Use for any updates. 

Accessing the Site and Account Security 

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users. 

You are responsible for both:

• Making all arrangements necessary for you to have access to the Websites. 
• Ensuring that all persons who access the Websites through your Internet connection are aware of these Terms of Use and comply with them. sponsible for both:

To access the Websites (including the lending or servicing portals) or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and, if applicable, our CCPA Policy, and you consent to all actions we take with respect to your information consistent with these policies and applicable law. 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from or log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if we reasonably believe you have violated any provision of these Terms of Use. 

Our Use of Information Provided for Loan Product Applications on Rosegate.com 

When completing your application for a loan product on Rosegate.com, you will need to give us certain information. By giving us this information, you are giving us and any vendors we may use permission to use such information to complete the loan product application process (including, but not limited to, verifying your employment, assets liabilities, credit score, and identity). This allows us to copy, distribute, transmit, reproduce, edit, translate, and reformat the information you’ve given us. All communications, documentation, and information you or any co-borrower gives us as part of the loan product application process must be complete and accurate in all respects and neither misleading nor contain material omissions. 

If you are applying for a loan product with a co-borrower, each of you may use the same login to Rosegate.com. As the primary applicant, you agree that you will be the main point of contact for this application and are responsible for making sure that the co-borrower is kept up to date throughout this process. The co-borrower must personally authorize us to run his/her credit report and must use his/her own credentials for accessing his/her bank account, asset, tax, or employment information. The provision of the co-borrower’s information, credentials, and credit report authorization constitutes permission to access such information. 

We generally start your loan product request when we have received all of the information needed to complete your application. When you submit an application with us, you agree to assist us in this process to make sure it is completed as efficiently as possible. This includes, but is not limited to, the following: 

• Sending us all of the required information requested in a timely manner. 
• As requested, obtaining any information that we may need from third parties such as your bank, employer, or current mortgage company. 
• Promptly informing us of changes to any of the information provided to us on an application. 

User Contributions 

The Websites may permit users to post, submit, publish, or display (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Websites. For example, if you leave us a review on Google, you acknowledge and agree that your review may be posted to the Websites. 

All User Contributions must comply with the Content Standards provision set out in these Terms of Use. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 
• All of your User Contributions do and will comply with these Terms of Use.  

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites.  

Other User Provided Information 

Unless specifically requested in writing or as part of a loan product application you submitted on Rosegate.com, Nexus Nova does not solicit, nor does Nexus Nova want to receive, any confidential or proprietary information (including trade secrets) or nonpublic personal information from you. Any materials or information submitted or sent by email or in any other manner (collectively, “User Provided Information”) to us will not be deemed or treated as confidential, unless otherwise required by applicable law. Nexus Nova may use such information in any manner consistent with these Terms of Use, our Privacy Policy, our CCPA Policy (if applicable), and applicable law. 

By submitting User Provided Information to Nexus Nova, you represent and warrant that you own the User Provided Information, or have the necessary approvals or authorization (through licenses or other permissions) to use and provide to Nexus Nova the User Provided Information. 

You grant Nexus Nova a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use all User Provided Information (in whole or part) in any manner and/or to incorporate User Provided Information (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed. 

Unless applicable law provides otherwise, Nexus Nova is not obligated to review any User Provided Information, is not required to maintain, or be responsible for, any User Provided Information, and may delete or destroy any User Provided Information at any time and without notice to you. 

Nexus Nova’s Responsibilities and Your Responsibilities 

We encourage all users to be responsible about their use of the Websites and any transaction entered into in connection with the use of the Websites. The Company is not a party to any agreement between you and any third party, such as a lender from whom you may decide to accept financing in connection with a mortgage. As a result, any part of an actual transaction between any user and any third party is solely and exclusively the responsibility of each user.  

Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Websites, their use of any tool, product, or service offered on the Websites, and any transaction they enter into in connection with their use of the Websites. If a user is a real estate broker, advisor, or other professional, such user further agrees that he/she is responsible for and agree to abide by all laws, ordinances, rules, and regulations applicable to the conduct of their business, including without limitation, any and all laws, ordinances, rules, regulations, or other requirements relating to taxes, credit cards, data privacy and information security, anti-money laundering and terrorist financing, permits or license requirements, zoning ordinances, safety compliance, lending, and compliance with all anti-discrimination and fair housing laws, as applicable.  

While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact. 

NEXUS NOVA DOES NOT, AND THE WEBSITES AND ITS ANCILLARY PRODUCTS, SERVICES, AND TOOLS ARE NOT INTENDED TO, PROVIDE FINANCIAL, INVESTMENT, LEGAL, REAL ESTATE, OR OTHER PROFESSIONAL ADVICE. NEXUS NOVA DOES NOT: (A) ACT AS AN AGENT FOR YOU OR ANY OTHER USER; (B) REPRESENT YOU OR ANY OTHER USER IN THE PURCHASE, SALE, OR OTHER EXCHANGE OF PROPERTY, INCLUDING WITHOUT LIMITATION, ANY NEGOTIATION THEREOF; OR (C) PURCHASE OR SELL, OFFER TO PURCHASE OR SELL, OR NEGOTIATE THE PURCHASE OR SALE OF PROPERTY OR OTHERWISE AID OR ASSIST IN THE PURCHASE OR SALE OF PROPERTY. NEXUS NOVA ASSUMES NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT USERS TAKE BASED ON THE WEBSITES AND ITS ANCILLARY PRODUCTS, SERVICES, OR TOOLS OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH OR IN CONNECTION THEREWITH. 

  Damage to Property 

Electronic communications, databases, and websites are subject to errors, malfunctions, tampering, and security breaches which could damage your systems or operations. We are not liable for any damages to your computer equipment, hardware, or any other property when using our products or services. It is your responsibility to have appropriate safeguards, such as virus-detection or anti-virus software, in place to protect your information technology assets. 

Intellectual Property Rights 

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Nexus Nova, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (all such information is referred to herein as “Intellectual Property”). 

You must not print, download, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, store, transmit, sell, license, exploit, or use any of the Intellectual Property on our Websites without Nexus Nova’s prior written consent, except as follows: 

• Your computer may temporarily store copies of such Intellectual Property in RAM incidental to your accessing and viewing those materials. 
• You may store files that are automatically cached by your Web browser for display enhancement purposes. 
• You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution. However, if you are a real estate broker, advisor, or other professional who has been granted access to the applicable portal on the Websites, you may print a reasonable number of pages on or through such portal for commercial use solely in connection with your trade or business and not for further reproduction, publication, or distribution. 
• If we provide social media features with certain content, you may take such actions as are enabled by such features. 

You must not: 

• Modify copies of any Intellectual Property from the Websites. 
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. 
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Intellectual Property from the Websites. 

If you wish to make any use of any Intellectual Property on the Websites other than those set out in this section, please submit your requests to the address reflected in the Contact Information section of these Terms of Use.  

If you print, download, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, exploit, or use Intellectual Property or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Nexus Nova. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

Trademarks 

Nexus Nova’s name, logo, and all related names (such as trade names or names Nexus Nova does business as), logos, product and service names, designs, and slogans are trademarks of Nexus Nova or its affiliates or licensors. You must not use such marks without the prior written permission of Nexus Nova. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners. 

Account Security and Identity Verification  

If you have signed up for an account on one or more of our Websites, you agree to (a) keep your password and username for your account secure and strictly confidential, providing it only to co-borrowers (if any) as permitted under these Terms of Use, (b) instruct each co-borrower to whom you give your username and password that he or she is not to disclose it to any unauthorized person, (c) notify us immediately and select a new username and password if you believe your password for your account may have become known to an unauthorized person, and (d) notify us immediately if you are contacted by anyone requesting the username and password for your account. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request. 

We discourage you from giving anyone other than a co-borrower access to your username and password for your account. However, if you do give someone your username and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. 

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER NEXUS NOVA NOR ITS AFFILIATES IS OR SHALL BE LIABLE TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S USERNAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH NEXUS NOVA, ITS AFFILIATES, AND/OR OTHER USERS. 

Further, we may, without notice to you, suspend or cancel your account at any time even without receiving notice from you if we reasonably believe that your account with us is being used in an unauthorized or fraudulent manner. 

Prohibited Uses 

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. By visiting, accessing, or using the Websites or accessing, viewing, downloading, or otherwise using the content, materials, products, or services available on or through the Websites, you agree not to use the Websites:

• In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).  
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use. 
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 
• To impersonate or attempt to impersonate Nexus Nova, a Nexus Nova employee or staff member, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm Nexus Nova or users of the Websites, or expose them to liability. 
• To obtain information provided by the Websites or its ancillary products and services in making any loan-related decisions. 
• For resale, service bureau, time-sharing, or other similar purposes. 
• To reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or other data or content available through the Websites, except as expressly permitted by Nexus Nova pursuant to these Terms of Use. 
• To violate, plagiarize or infringe the rights of third parties, including without limitation intellectual property and trade secret rights. 
• To develop competitive products or services. 
• To disclose any sensitive, proprietary or confidential information or nonpublic personal information about yourself or anyone else, unless otherwise requested by Nexus Nova in writing or expressly authorized pursuant to these Terms of Use. 

Additionally, you agree not to: 

• Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites. 
• Engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Websites, or obtaining lists of users or visitors or other information from or through the Websites including, without limitation, any information residing on any server or database connected to the Websites. 
• Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 
• Link other websites to the Websites without our prior written consent; 
• Use any device, software, or routine that interferes with the proper working of the Websites. 
• Introduce any viruses, Trojan horses, worms, logic bombs, spyware, ransomware, phishing campaigns, smishing campaigns, vishing campaigns, malware or other material that is malicious or technologically harmful or seeks to significantly impact or impair our information systems and the information within such systems. 
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server(s) on which the Websites are stored, or any server, computer, or database connected to the Websites. 
• Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack. 
• Otherwise attempt to interfere with the proper working of the Websites or Nexus Nova’s information systems.  

Monitoring and Enforcement; Termination 

We have the right to: 

• Remove from the Website or refuse to post any User Contributions for any or no reason in our sole discretion. 
• Take any action with respect to any User Contribution that we deem reasonably necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for Nexus Nova. 
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites. 
• Terminate or suspend your access to all or part of the Websites for any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement and regulatory authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS NEXUS NOVA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY DISPUTES, CLAIMS, OR CONTROVERSIES RESULTING FROM ANY ACTION TAKEN BY NEXUS NOVA OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT OR REGUALTORY AUTHORITIES OR PURSUANT TO A COURT ORDER. 

However, we do not undertake to review material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards 

These content standards apply to any and all User Contributions and use of interactive services on the Websites. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, rules, and regulations. Without limiting the foregoing, User Contributions must not: 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
• Transmit or upload pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images. 
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, our Privacy Policy, or, if applicable, our CCPA Policy. 
• Be likely to deceive any person. 
• Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. 
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, without the prior written consent of Nexus Nova. 
• Give the impression that they emanate from or are endorsed by us, any of our affiliates, or any other person or entity, if this is not the case. 

Copyright Infringement 

If you believe that any User Contributions violate your copyright, please send written notice to us at the address reflected in the Contact Information section of these Terms of Use.  

It is the policy of Nexus Nova to terminate the user accounts of repeat infringers.  

Reliance on Information Posted 

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents. 

The Websites may include content provided by third parties, including materials provided by other users, advertisers, service providers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nexus Nova, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nexus Nova and are not an endorsement of such materials unless otherwise stated by Nexus Nova. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. 

Changes to the Websites 

Nexus Nova is under no obligation to, nor does it make any commitment to, update or revise any material, content, or information on the Websites, whether as a result of new information, future developments or otherwise. The information, materials, or content contained on the Websites are subject to change without notice, unless otherwise required by applicable law.

Information About You and Your Visits to the Site 

All information we collect on the Websites is subject to our Privacy Policy and, if applicable, our CCPA Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and, if applicable, our CCPA Policy. 

Links from the Websites; Third-Party Websites 

If the Websites contain links to websites, mobile applications, and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, mobile applications, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

If you decide to access any of the third-party websites, mobile applications, or resources linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites. Nexus Nova makes no representations or warranties that such third-party websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such websites, or content or links located on such websites, are free of viruses, malware, or other cybersecurity risks. 

Geographic Restrictions 

The Websites are controlled and operated from within the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

The Websites or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end user, or entity specified by U.S. export laws. When using the Websites, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. governing as a “terrorist supporting” country, and you are not listed on any U.S. government list of restricted parties). 

 Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR: (I) ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT; (II) ANY DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS; OR (III) ANY UNAUTHORIZED USE OR DISCLOSURE OF YOUR INFORMATION BY ANY THIRD PARTY. 

YOUR USE OF THE WEBSITES, ITS CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), ALL NEXUS NOVA PRODUCTS, SERVICES, AND TOOLS, AND ALL INFORMATION OFFERED ON OR THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT (INCLUDING WITHOUT LIMITATION, THIRD-PARTY CONTENT), ALL NEXUS NOVA PRODUCTS, SERVICES, AND TOOLS, AND ALL INFORMATION OFFERED ON OR THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEXUS NOVA NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH NEXUS NOVA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES OR ANY OF THEIR CONTENT OR INFORMATION, PRODUCTS, SERVICES, OR TOOLS. WITHOUT LIMITING THE FOREGOING, NEITHER NEXUS NOVA NOR ANYONE ASSOCIATED OR AFFILIATED WITH NEXUS NOVA REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), ANY PRODUCTS, SERVICES, OR TOOLS, OR ANY INFORMATION OFFERED ON OR THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES, THEIR CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), ANY PRODUCTS AND/OR SERVICES, OR ANY INFORMATION OFFERED ON OR THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

IN ADDITION, NEXUS NOVA MAKES NO REPRESENTATION OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, REGARDING ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, SERVICES, OR TOOLS OFFERED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NEXUS NOVA NEITHER MAKES NOR HAS MADE ANY REPRESENTATION, WARRANTY, COVENANT, PROMISE, OR GUARANTEE TO YOU WHATSOEVER REGARDING ANY LOAN PRODUCT, MORTGAGE, PROPERTY, OR ANY OTHER THIRD-PARTY PRODUCT AND/OR SERVICE. YOU ACKNOWLEDGE AND AGREE THAT EACH BORROWER’S OR APPLICANT’S SITUATION IS UNIQUE, AND YOUR SITUATION MUST BE INDIVIDUALLY ANALYZED. THE WEBSITES ARE FOR GENERAL INFORMATION PURPOSES AND ARE NOT A SUBSTITUTE FOR ACTUAL FINANCIAL, INVESTMENT, LEGAL, REAL ESTATE, OR OTHER PROFESSIONAL ADVICE FROM A LICENSED COMPETENT INDIVIDUAL IN HIS/HER FIELD OF EXPERTISE. THE INFORMATION, PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEXUS NOVA IS NOT ENGAGED IN AND DOES NOT ENGAGE IN OFFERING ANY PROFESSIONAL ADVICE. 

TO THE FULLEST EXTENT PROVIDED BY LAW, NEXUS NOVA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS, USER PROVIDED INFORMATION, OR USER CONTRIBUTIONS TO NEXUS NOVA AND BY POSTING INFORMATION, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND THE COMPANY OTHER THAN PURSUANT TO THESE TERMS OF USE. 

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD NEXUS NOVA, ITS AFFILIATES, OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO, AND HAVE NO LIABILITY FOR, ANY TRANSACTION BETWEEN A USER AND ANY THIRD PARTY.  

YOUR USE OF THE WEBSITES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITES. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXUS NOVA, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY OTHER WEBSITES LINKED TO IT, ANY CONTENT OR OTHER INFORMATION ON THE WEBSITES OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF NEXUS NOVA, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS OR ANY OF HIS, HER, OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEVERTHELESS, IF THE FOREGOING LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF NEXUS NOVA, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $100. 

Release and Indemnification 

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITES OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WEBSITES, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE NEXUS NOVA, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITES.  

You hereby agree to defend, indemnify, and hold harmless Nexus Nova, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, your User Contributions, your User Provided Information, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms of Use, and your use of any information obtained from the Websites or product or service provided through the Websites. You hereby agree to cooperate as fully as reasonably required in defense of any claim. 

Nexus Nova reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without Nexus Nova’s prior written consent. 

Governing Law and Jurisdiction 

All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed, except with respect to any applicable Federal Law, in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). 

Except as provided by the Arbitration and Dispute Resolution provision of these Terms of Use, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted solely and exclusively in the federal or state courts having jurisdiction in Mecklenburg County, North Carolina, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Arbitration and Dispute Resolution 

You understand and agree to resolve through final and binding arbitration any dispute, claim, or controversy arising from these Terms of Use or your use of the Websites, including any dispute, claim, or controversy arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. This arbitration agreement is governed by the Rules of Arbitration of the American Arbitration Association, with the laws of the state of North Carolina governing the enforceability of this provision as a contract, except with respect to any applicable Federal Law.  

Waiver and Severability 

No waiver by Nexus Nova of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nexus Nova to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

Entire Agreement 

The Terms of Use, our Privacy Policy, and, if applicable, our CCPA Policy constitute the sole and entire agreement between you and Nexus Nova regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.  

Contact Information 

All requests, questions, concerns, or notices pertaining to these Terms of Use must be submitted in writing to Nexus Nova at the following address: 

Technical Issues, Feedback, and Comments 

All feedback, comments, and requests for technical support as it pertains to the Websites should be directed to support@rosegate.com.