PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT.
PRODUCTS AND SERVICES
Among other things, Altisource makes reports available to its clients through this Site. Such Materials aim to deliver expansive industry intelligence for those clients looking to better understand the marketplace and potential solutions, providers’ profiles and chemistry and may contain statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. In any case, Altisource is not responsible for any errors and delays in accessing its Services or other technical problems within or beyond its reasonable control.
ALTISOURCE PROVIDES RENTAL DATA (INCLUDING RENTAL ESTIMATES) TO YOU FOR YOUR INFORMATION PURPOSES ONLY. SUCH RENTAL 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 RENTAL 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, RENTAL DATA, OR THE UNDERLYING DATA SETS. THE MATERIALS AND THE RENTAL 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 RENTAL DATA BY YOU IS AT YOUR SOLE RISK.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by Altisource, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Altisource offers no guarantees and assumes 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 Materials and Services offered by Altisource. You agree that you will not hold Altisource responsible or liable with respect to the Third Party Services or seek to do so.
INTELLECTUAL PROPERTY; LIMITED LICENSE FROM USERS
You understand that all listings, messages, text, files, images, photos, video, audio or other materials (Content) syndicated to, posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of Altisource. You are also fully responsible for any Content you syndicate to, transmit through, or post on the Site and to the consequences of any such Content. By syndicating, posting, or transmitting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Altisource an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that Altisource, in its sole discretion, may delete any Content for any reason.
SITE ACCESS AND CONDITIONS OF USE
Altisource grants you access to this Site. However, to access the Services, you must have an Account. You can create an Account by completing the registration process. The rights granted to you constitute a license and not a transfer of title.
Some portions of the Site may only be accessed if you subscribe to the Subscription Services offered by Altisource. You may use this Site, the Materials and the content for your private, non commercial use only. You may not reproduce, retransmit, disseminate, sell, publish, broadcast or circulate any of this information without the express written consent of Altisource. No right or interest in any copied or downloaded content is transferred to you as a result of any copying or downloading. Altisource reserves full intellectual property rights in any content copied or downloaded from this Site, including the right to revoke the authorization to view, download, and print the content available on this Site at any time. You agree to treat all information obtained from the Site as proprietary to Altisource. Any unauthorized use terminates the permission for access or license granted by Altisource.
Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. In addition, you may not modify or alter the site’s infrastructure design or content in any way. You may not delete or change any copyright or trademark notice. You may not reverse engineer, or create derivative works based on the Site, its Materials, or Services or their selection and arrangement, except as expressly authorized herein.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Altisource; not to access or attempt to access any content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
As stated above, you may use this Site, the Materials and the content for your private, non commercial use only. Notwithstanding the foregoing, under fair use you may quote from this Site, the Materials and the content a single copy of a single chart, slide, or portion of text that is less than a paragraph long, provided that each is identified as “Source: Altisource” and provided that the excerpted information from this Site, the Materials and the content are not used for commercial gain, such as in marketing, public relations, or sales materials, in any form. This Site, the Materials and the content may not be used in any way that compromises the objectivity of Altisource or the privacy of our clients. In addition, you assume responsibility for the proper citation of sources with respect to any excerpted information and shall hold Altisource harmless with respect for the lack of proper citation.
Altisource will make reasonable efforts to keep your account and the Subscription Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty four (24) hours in advance of any downtime that we anticipate will exceed one hour.
You shall indemnify, defend, and hold harmless Altisource and Altisource’s (and its affiliates’) officers, managers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, fees, liabilities and costs, including reasonable attorneys’ fees, resulting from or arising of (i) any breach of any representation, warranty or covenant contained herein, and (ii) your use of the Site and/or the Materials.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Altisource or other third parties. You are not permitted to use the Marks without the prior written consent of Altisource or such third party that may own the Marks. In addition, you are not permitted to use any current or future Altisource product names or trade names in connection with any product or service that does not belong to, is not owned by, or endorsed by Altisource in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Altisource.
TERMS, FEES AND PAYMENTS
Portions of this Site may only be accessed if you subscribe to one or more of the Subscription Services offered by Altisource. You may purchase a Subscription Service offered by Altisource by clicking the “Process Transaction” button whereby you agree that you will pay the applicable fee for the Subscription Service to which you have elected to subscribe. Access to our any of our Subscription Services requires the selection of a non-transferrable user identification and password. As discussed further below, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your user identification and/or password.
Your Subscription Services will renew automatically after the Initial Term, unless you terminate your membership prior to your renewal date. At the time of renewal, your credit card will be charged our then-current fee for your renewed Subscription Service(s), provided that if the fee for your renewal Subscription Service increases, we will notify you at your designated email address at least ten (10) days prior to renewal so that you have an opportunity to elect not to renew. Your card will be charged for the renewal of the Subscription Service to which you have elected to subscribe on the applicable anniversary of your Activation Date. If payment is past due, regardless of the dollar amount, your account may be deactivated without notice to you. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the applicable Subscription Service(s). Except as otherwise expressly set forth above, all fees and charges, including charges for automatically renewed Subscription Services, are nonrefundable. However, after yourInitial Term is complete, you may terminate the Subscription Service to which you have elected to subscribe at any time by providing thirty (30) days written or email notice to Altisource.
The Site may contain links to websites operated by other parties. Altisource provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Altisource, and Altisource is not responsible for the content available on the other sites. Such links do not imply Altisource’s endorsement of information or material on any other site and Altisource disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and Altisource, you must adhere to Altisource’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Altisource’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Altisource, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Altisource reserves the right to revoke its consent to the link at any time and in its sole discretion.
YOUR MEMBERSHIP ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you believe someone has accessed any Subscription Service using your user identification and password without your authorization, it is your responsibility to immediately notify us and set up a new user identification and password. Altisource will not be liable for any loss or damage arising from unauthorized use of your user identification and password. If you are under 18, you may use our Site only with the involvement of a parent or guardian.
Altisource reserves the right, in its sole discretion, to refuse service, terminate accounts and remove or edit content and/or functionalities from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Altisource may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Altisource makes no commitment to update such Materials or Services.
You understand and acknowledge that (i) Altisource does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) Altisource makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Altisource shall not be liable or responsible for any content, products, or services offered by third parties.
ALTISOURCE DOES NOT AND CANNOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ALTISOURCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ALTISOURCE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE USE OF THE SITE AND/OR THE MATERIALS. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
APPLICABLE LAW AND JURISDICTION
You may terminate your subscription to any of the Subscription Service(s) to which you have subscribed at any time by selecting the appropriate link provided by Altisource. Once you have terminated the Subscription Service to which you have elected to subscribe, we will stop billing your credit card until and unless you re-subscribe to a Subscription Service. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate the Subscription Service to which you have subscribed. Termination of such Subscription Service shall not relieve you of any obligations to pay accrued charges and the remaining balance for the remainder of the Initial Term.
Altisource may also in its sole discretion and at any time modify or discontinue providing any Subscription Service, or any part thereof, with or without notice. Further, you agree that Altisource shall not be liable to you or any third-party for any interference with or termination of your access to any Subscription Service. Notwithstanding the foregoing, if Altisource suspends or terminates your use of any Subscription Service(s) to which you have subscribed without cause it will (a) extend the term of such Subscription Service(s) by the amount of time such Subscription Service(s) was suspended or (b) refund a pro-rata amount based on the remainder of the term of such Subscription Service(s), as applicable.
In addition, Altisource reserves the right, at any time, to change its subscription fees and billing methods, including the addition of supplemental fees or separate charges for Materials or Services provided by Altisource, effective upon ten (10) days notice to you at your designated email address. If any such change is unacceptable to you, you may terminate the Subscription Service to which you have elected to subscribe by selecting the appropriate link provided by Altisource.
YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICE(S) FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO FEES OR BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
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