TERMS AND CONDITIONS
The following terms and conditions (the "Agreement") are a legal agreement between you and Altisource S.à r.l. ("Altisource", "us", "our" or "we"). This Agreement governs your use of the NestRange™ website (www.nestrange.com) and its related services and tools (collectively, “Site").
This Agreement includes a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you.
By accessing or using this Site in any way, including, without limitation, use of any of the Services (as defined below) provided thereon, downloading of any Content (as defined below), or merely browsing the Site, you hereby agree to comply with the Agreement, and such access or use constitutes your binding acceptance of the Agreement, including any modifications that we make from time to time (which we may make in our sole discretion). It is solely your obligation to check the Site for an updated version of the Agreement each time you visit or otherwise use the Site. If you object to any such changes, your sole recourse will be to stop using the Site. Continued use of the Site and Services following any such changes will constitute your acceptance and acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
As used in this Agreement or on the Site, the terms below have the following meanings:
1. Your Access, Contents and Services
(a) Use of the Site. Users shall use and access the Site solely for the purpose of (i) browsing the Site in evaluation of or furtherance of such Users' use of the Services; and solely if such User is a Customer, or (ii) obtaining Services or Third Party Services (the "Permitted Use"). The information and Services offered on the Site are provided solely for general information and do not constitute real estate, legal, tax, accounting, or other professional advice. BY USING THE SITE(S), YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT ALTISOURCE IS NOT A REAL ESTATE AGENT, REAL ESTATE BROKER, MORTGAGE BROKER OR MORTGAGE LENDER UNDER U.S. REAL ESTATE LAWS AND ALTISOURCE DOES NOT AID, ADVISE OR ASSIST BORROWERS IN THE ADVISABILITY OF INVESTING, PURCHASING, SELLING, AND OBTAINING REAL ESTATE, REO, SHORT SALE OR OTHER REAL ESTATE PRODUCTS NOR DOES IT SOLICIT BORROWERS OR LENDERS TO BUY OR SELL REAL ESTATE, OR NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY. ALTISOURCE DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR REAL ESTATE PRODUCTS OR SERVICES. NOTHING IN THE SERVICE IS INTENDED TO BE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO, REAL ESTATE OR TAX ADVICE. ALTISOURCE MERELY PROVIDES TECHNOLOGICAL TOOLS THAT VENDORS, BROKERS, AGENTS, BUYERS, SELLERS AND OTHER INDIVIDUALS AND/OR COMPANIES MAY USE TO TRANSACT BUSINESS AND ALTISOURCE IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS, AGENTS, BROKERS, LENDERS, SELLERS AND ANY OTHER RELATED PARTY, AND IS NOT THE AGENT OF, NOR HAS ANY AUTHORITY ON BEHALF OF ANY OF THE AFOREMENTIONED PARTIES OR ANY OTHER THIRD PARTY, FOR ANY PURPOSE WHATSOEVER. AT NO TIME AND IN NO EVENT SHALL ALTISOURCE BECOME INVOLVED IN ANY DISPUTE OR TRANSACTION BETWEEN THE AFOREMENTIONED PARTIES OR HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, MAKING OR GUARANTEEING ANY PAYMENT THAT MAY COME DUE AS A RESULT OF ANY TRANSACTION OR AGREEMENT BETWEEN THE AFOREMENTIONED PARTIES.
(b) Account. To access the Site, User must create an account by completing the registration process. The rights granted to a User to access the Site constitute a limited right to access the Site according to the terms herein and not a transfer of title.
We may revoke or limit User's access to the Site at any time for any reason, in our sole discretion.
User, by providing its email address to us and becoming a User, is giving us permission to send User email notifications that are provided as Services by the Site and system messages, service announcements and other marketing messages ("Marketing Communications"). User may select to opt-out of the receipt of these Marketing Communications at any time by simply responding to the Marketing Communication that User received with an express request to opt-out. We will use reasonable best efforts to honor User's request to opt-out of such Marketing Communications.
User, by providing its telephone number(s) to us and becoming a User, is giving us, our agents, representatives, affiliates or third parties, permission to make calls, included marketing and autodialed calls and to send SMS messages (including text messages) to the telephone numbers provided by User for the purposes of receiving information in connection with the Services ("Telephone Communications"). User further acknowledges and agrees that the Telephone Communications may be made using an automatic telephone dialing or email system technology, and/or involve pre-recorded and/or artificial voice messaging, even if it is a cellular phone number or other service for which User could be charged for such call. User's consent to Telephone Communications shall be effective even if the number provided is registered on any state or federal Do-Not-Call (DNC) list. User may select to revoke its consent to Telephone Communications at any time by simply using the opt-out option included in each communication or contacting us at 1-844-693-9309.
Grant of Limited Access. Subject to the terms of this Agreement, we hereby grant User a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access, view and use the Site solely for the Permitted Use. We may establish general practices and limits concerning the use of the Site, including, without limitation, the maximum number of days that Materials, account history or other uploaded content will be retained by us, the maximum number of times (and the maximum duration for which) User may access the Site in a given period of time and the maximum amount of data User may access from the Site in a given period of time.
(c) Services. As part of the Services:
Requests for Services that are subject to Fees will be handled by the User through credits to order valuation products (the "Credits"). We offer a diverse set of plans (Starter, Basic, Plus, Pro), aimed to tackle your business needs, with a stipulated number of Credits per plan. User will also have the ability to purchase individual Credits. Purchased Credits are non-refundable and non-transferable. Credits will be valid in User's account for use for a period of twelve (12) months from the time of purchase. Use of the Credits will be subject to the terms of this Agreement, applicable at the time of use of the Credits. For the avoidance of doubt, should User purchase a Credit, and at the time of using such Credit, this Agreement was updated or modified, those updated terms will govern User's use of the Credit.
NestRange AVM™" is part of the Site, and its use (and the Reports' use) will be subject to the conditions and restrictions set forth in the Agreement. ALTISOURCE PROVIDES VALUATIONS DATA TO YOU FOR YOUR INFORMATION PURPOSES ONLY. SUCH DATA IS BASED ON LIMITED DATA SETS THAT MAY CHANGE AT ANY TIME IN OUR SOLE DISCRETION. ALTISOURCE DOES NOT HAVE ANY OBLIGATION TO KEEP THE DATA OR THE MATERIALS UP TO DATE, NOR MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF SUCH MATERIALS, DATA, OR THE UNDERLYING DATA SETS. THE MATERIALS AND THE DATA ARE NOT INTENDED TO CONSTITUTE, AND IN FACT DO NOT CONSTITUTE, FINANCIAL, INVESTMENT, TAX OR LEGAL ADVICE. ANY RELIANCE ON OR OTHER USE OF SUCH MATERIALS AND/OR DATA BY YOU IS AT YOUR SOLE RISK.
(d) Evaluation Trial. Altisource may grant the Customer access to the Services on a trial basis, free of charge (the "Evaluation Trial") for a limited number of transactions, as determined by Altisource in the Site, beginning upon Altisource's acceptance of Customer's request to sign up to such Evaluation Trial through the Site. Customer's use of the Services and Site during the Evaluation Trial will be subject to the terms of this Agreement. Altisource will have the right to terminate the Evaluation Trial at any time at its own discretion. Customer shall be solely responsible for any passwords used for purposes of the Evaluation Trial, and for any use of the Services under its account.
(e) Feedback. Any comments, suggestions, recommendations and feedback ("Feedback") contributed by Customer as a result of the Services and use of the Site are transferred to and owned by Altisource; or if transfer of ownership is not allowed, licensed by Customer to Altisource on a non-exclusive, sub-licensable, transferrable, worldwide, perpetual, personal, and royalty-free basis to use, reproduce, publicly display, distribute, modify, publicly perform and otherwise incorporate any Feedback in connection with the Site and the Services.
(f) Proprietary Property. The Site, Services and Contents (including the selection, arrangement and composition of such Contents or any information contained therein) constitute the proprietary property of Altisource, its affiliates, suppliers and/or licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. User shall have no rights in or to such Content. User shall not remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Site. However, some information on the Site may be licensed from third parties or obtained from public sources; we specifically disclaim ownership of or responsibility for such third party data.
(g) Content. Except for Derivative Materials, the use of which is governed by subsections (k) and (l) below, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Altisource. Notwithstanding any such prior written consent that Altisource may provide, if User receives such consent, User may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in this Agreement violates Altisource's intellectual property rights and this Agreement. You also agree not to transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site and Services, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
(g) Third Party Services. In addition to the Contents and Services, this Site may also make available to Customer certain Third Party Services. Such Third Party Services, if any are provided, are provided by unaffiliated third parties and may be governed by separate license agreements that accompany such Third Party Services. We have no responsibility for, or control over, the Third Party Services or content resulting from the use of Third Party Services. Any opinions, advice, statements, services, offers, or other information expressed or made available through the use of such Third Party Services, are those of the respective author(s) or distributor(s) of that information. We neither endorse, nor are responsible for, the accuracy or reliability of any opinion, advice, information, or statement made on the Site by its Users or other third parties. We assume no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Contents and Services. Customer will not hold us responsible or liable with respect to the Third Party Services or seek to do so.
(h) Third Party Services. In addition to the Contents and Services, this Site may also make available to Customer certain Third Party Services. Such Third Party Services, if any are provided, are provided by unaffiliated third parties and may be governed by separate license agreements that accompany such Third Party Services. We have no responsibility for, or control over, the Third Party Services or content resulting from the use of Third Party Services. Any opinions, advice, statements, services, offers, or other information expressed or made available through the use of such Third Party Services, are those of the respective author(s) or distributor(s) of that information. We neither endorse, nor are responsible for, the accuracy or reliability of any opinion, advice, information, or statement made on the Site by its Users or other third parties. We assume no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Contents and Services. Customer will not hold us responsible or liable with respect to the Third Party Services or seek to do so. For the avoidance of doubt, Altisource does not guarantee the privacy or security of any Third Party Services' information being transmitted through the Site and Altisource does not control, verify, or monitor any information from Third Party Services posted via the Site by any visitors to the Site and does not guarantee the accuracy, integrity or quality of such information.
(i) Altisource may, without prior notice, immediately terminate, amend, limit, or suspend a User's access to its account or login credentials (and, if such User is a Business Authorized User, the Business User associated with such Business Authorized User). Cause for such action shall include, but shall not be limited to:
(j) If Altisource suspects the credentials User provides are not correct, current, complete, or have been compromised, Altisource has the right to refuse such User's access to its account or require such User to create a new or modify its current account, in Altisource's sole discretion. Altisource may terminate, suspend, or modify User's access as set forth in section 1(j). Altisource shall in no way be liable for any damages or liabilities associated with termination of a User's use and access to its account.
(l) User grants Altisource, its affiliates, employees, independent contractors, agents, advisors, and other representatives a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to access, reproduce, display, modify, create derivative works of, store, perform analysis on, or otherwise use User's Materials or have a third party do any of the foregoing on Altisource's behalf in connection with
(m) Subject to the restrictions set forth in this Agreement, Customer may copy information from the Derivative Materials solely in the course of viewing, saving, printing, faxing and/or e-mailing such information only as necessary pursuant to Customer's Permitted Use. Derivative Materials may not be distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Altisource.
(n) The Services do not replace or reduce the need for User to maintain regular data backups or redundant data archives.
2. Eligibility and Your Responsibilities
(a) Accuracy of Information. User shall provide true, accurate, current and complete information during the Site registration process and in all interactions on the Site and interactions with us. User will accurately maintain and update its account information as needed. Except as may be otherwise specified in this Agreement, User, at its sole expense, will procure, operate and maintain suitable, properly operational (and fully compatible with the Site) computer hardware, software and devices as required to access and/or perform the Services as set forth in this Agreement. It is User's sole cost and responsibility to provide any and all instrumentalities of communication including, but not limited to, telephone lines, internet connections, as well as any and all required computer software and hardware devices to enable User to protect the integrity of its Materials, as shall, from time to time, be necessary, required or desirable as specified by Altisource to provide the Services.
(b) Restricted Activities; Submission of Harmful Material. User's account and login credentials may not be transferred or sold to another party. User shall not submit any Material that
(c) User remains solely responsible for the content of the Materials that User submits into the Site. Neither Altisource nor any third party that provides content to Altisource will assume or have any liability for any action or inaction by Altisource or such third party with respect to any Material that User submitted into the Site. User represents and warrants that it has all necessary authority and rights to submit into the Site any Materials and to grant Altisource and its affiliates all rights and licenses to such Materials granted herein (including without limitation in section 1(k)). User shall be solely responsible for
(d) No Scamming. User may not use the Site in a way that could cause us to unknowingly participate in, or contribute to, the violation of any applicable law, statute, ordinance or regulation. We aim to keep the Site safe and may report any and all suspected use of the Site for scamming, fraudulent, or extortive purposes to the appropriate law enforcement agency or regulators.
(e) Reverse Engineering. User may not reverse engineer, decompile or disassemble the Site (except to the extent specifically permitted by applicable law) or attempt to do so, nor may User use information or Content on the Site to develop or design any product (including without limitation any website similar to or competitive with the Site). User may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Site). General purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. User may not use, or attempt to use, the Site through any means not explicitly and intentionally made available, provided or intended with respect to the Site. User may not harvest information about other Users of the Site for any purpose. User may not use the Services in any manner that could damage, disable, overburden, or impair the Site or that harms us, our service providers, suppliers or any other person.
(f) Access and Interference. User shall not (and may not authorize any party to)
3. Restrictions on Your Use of the Site and Limitations
(a) User's right to use the Site is conditional on User's warranty that User will only use the Site for the Permitted Use and for no other purpose that is unlawful or prohibited by this Agreement. User shall not use the Site in any manner which could disable, overburden, damage or impair the Site or interfere with any other party's use and enjoyment of the Site. User shall not obtain or attempt to obtain any Content or Materials through any means not intentionally made available or provided to User through the Site.
(b) Any and all Materials submitted by User to the Site are User's sole responsibility. User or holds Altisource and its affiliates harmless from any and all actions that may arise or be related to such Materials. User shall not enter Materials that are illegal, deceptive, false, inaccurate, misleading, fraudulent, threatening, harassing, libelous, defamatory, obscene, pornographic or otherwise objectionable as determined by Altisource in its sole discretion or under applicable law. Except in the event of Altisource's willful misconduct, User accepts full responsibility for all personal data that User deliberately or inadvertently enters or uploads to the Site and shall indemnify Altisource and its affiliates for any losses, expenses, damages, fees, liabilities and costs, including reasonable attorneys' fees, resulting from or related to such personal data per the indemnification obligations contained herein.
(c) User shall not (and shall not permit any third party to) (i) create or authorize new versions, modifications or enhancements to the Services or any portion thereof; or (ii) sublicense, in whole or in part, or grant a security interest in, encumber, or otherwise transfer rights to the Services or any portion thereof.
(d) Altisource reserves the right to monitor User's use of the Site to determine compliance with this Agreement, as well as the right to remove or refuse any Material for any reason. Altisource also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Material, in whole or in part, in its sole discretion. Materials uploaded to the Site may be subject to limits on use, reproduction and/or dissemination and User is responsible for abiding by such limitations with respect to the Materials uploaded, including any downloaded Contents.
(e) User hereby warrants that it will never, directly or indirectly:
(f) Identity Verification and Use. We use many techniques to identify our Users when they register. However, because User authentication on the Internet is difficult, the Site cannot and does not confirm each User's purported identity. We encourage Users to report to us any instances of fraud or other circumstances that call into question the purported identity of any User of the Site. Each User is solely responsible for any information it provides to us. Users shall maintain the secrecy of its account and each User shall not share its username, password or any other login credentials with others. Each User will immediately notify us of any unauthorized use of its username or password, or any other breach of security related to the Site. Each Business User and each of its associated Business Authorized Users are jointly and severally liable for all activities that occur under any such Business User or Business Authorized User's username and password. Business Users shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to:
(g) Release. In the event of any dispute by User with one or more of the Site's Users, User releases us (and our affiliates, officers, directors, agents, independent contractors, advisors and employees) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s).
(h) Information Control. We do not control any Materials on the Site that may be provided by Users. User may find other Users' information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and safe business practices when using the Site. Please note that there may also be risks of dealing with underage persons, foreign nationals and people acting under false pretenses.
(i) Server or Other Technological Issues. The Site may, from time to time, not operate optimally, at normal speed, with full functionality, or at all. In our sole discretion and at any time, we may choose to shut down the Site for any amount of time, thereby ceasing the ability for some or any Users to use the Site. The decision to shut down and re-enable the Site, in whole or in part rests solely with us. The Site, all Contents and any other materials thereon are provided "AS-IS" and, while we strive to provide a seamless and satisfying experience for all of our Users, we assume no responsibility for any unavailability of the Site (regardless of duration) or the timeliness, transport, outage, deletion, delivery failures or failure to store/retrieve any user commands, data, communications or personalization settings in connection with the Site.