The following terms and conditions (the “Agreement”) are a legal agreement between you and Altisource Solutions S.à r.l. (“Altisource”, “us”, “our” or “we”). This Agreement governs your use of the Investability™ website (www.investability.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 Materials (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 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.
This Agreement applies to all transactions capable of being consummated on the Site and all other uses of the Site.
As used in this Agreement or on the Site, the terms below have the following meanings:
“Agreement” has the meaning assigned to such term in the preamble hereof.
“Altisource” has the meaning assigned to such term in the preamble hereof.
“Authorized User” means either (a) a natural person associated with a Business User, whom the Business User authorizes to access the Site on the Business User’s behalf in furtherance of the Business of the Business User, or (b) an Investor.
“Basic Permitted Use” has the meaning assigned to such term on Section 1(a) hereof.
“Basic Member” means any Authorized User or Business that is an end user of the Site and registers on the Site for the Basic Permitted Use.
“Business” means a legal entity capable of entering into binding contracts (including this Agreement) that provides goods or services to customers in exchange for compensation payable by such customers to such legal entity.
“Business User” means a Business that is an institutional end user of the Site, such end user using the Site in furtherance of such Business.
“Consumer” means a natural person seeking to use or access the Site other than as an Authorized User.
“Investor” means a natural person that owns or intends to purchase real property for a commercial use only and not for a primary residence or personal use.
“Materials” means any and all information, documents, communications, files, text, graphics, software and products available through the Site.
“Marks” has the meaning assigned to such term in section 11 (i) hereof.
“Membership Level” means the level of access, either Basic Member or Professional Member that Users have to the Services and Materials provided by the Site.
“MLS” means multiple listing service.
“Permitted Use” has the meaning assigned to such term on Section 1(a) hereof.
“Professional Permitted Use” has the meaning assigned to such term on Section 1(a) hereof.
“Professional Member” means any Authorized User or Business that is an end user of the Site, such end user using the Site in furtherance of such Business, which registers on the Site for the Professional Permitted Use.
“Prohibited Use” means the use of the Site or the Services in any way or manner contrary to or not consistent with the Permitted Use, the Basic Permitted Use, the Professional Permitted Use and/or the Site Access Right, as applicable.
“Services” means all services operated by us and third parties through the Site.
“Site” has the meaning assigned to such term in the preamble hereof.
“Site Access Right” has the meaning assigned to such term on Section 1(c) hereof.
“Third Party Services” means materials, information, and services provided by third parties (including other Users) available on the Site.
“Users” means collectively a Visitor, Basic Member, Professional Member, Business User and any Authorized Users.
“Visitor” means any Business User or Investor that is an end user of the Site without having a Membership Level.
“Your Permitted Use” means one of the Permitted Use, the Basic Permitted Use and the Professional Permitted Use that applies to you based on whether you are a Visitor, a Basic Member or a Professional Member, respectively.
(a) Site. Users may access the Site for the purpose of (i) searching active MLS properties, exclusive non-MLS properties and tenanted properties by a number of different performance metrics as available on the Site, (ii) evaluating any property on the Site based on specific financial criteria based on analytic tool, (iii) contacting brokers and real estate agents, and (iv) connecting with advertisers on the Site (collectively referred to as the “Permitted Use”). In addition to the Permitted Use, Basic Members may access the Site for the purpose of saving search queries and properties, managing such saved searches and properties, access and use of real estate analytical tools and calculators on the Site, sending property information to and receiving notifications on new properties that match the saved search criteria (the “Basic Permitted Use”). In addition to the Permitted Use and the Basic Permitted Use, Professional Members may access the Site for the purpose of advertising such Professional Members’ services (the “Professional Permitted Use”).
(b) Membership. To become a Basic Member or a Professional Member Users must create an account by completing the registration process by selecting the button “get started” at https://www.investability.com/. By providing us with your email address and becoming a Basic Member or a Professional Member, Users grants us permission to send them electronic newsletters and email notifications that are provided as Services by the Site and system messages, as well as product updates, service announcements and other marketing messages. Users may elect to opt-out of the receipt of these services at any time by simply responding to the service that you received with an express request to opt-out. We will use reasonable efforts to honor Users request to opt out of marketing messages, but under no circumstances will we have any liability for sending any email to Basic Members or Professional Members.
(c) Grant of Limited Access. Subject to the terms of this Agreement, we hereby grant Users a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access, view and use the Site solely for Your Permitted Use (the “Site Access Right”). We may establish general practices and limits concerning use of the Site, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by us, the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time and the maximum amount of data a User may access from the Site in a given period of time. The rights granted to a User herein to access the Site constitute a limited right to access to Site according to the terms herein and not a transfer of title. We may revoke or limit Users’ access to the Site at any time for any reason, in our sole discretion. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the password protected areas of the Site without express written permission from us.
(d) Proprietary Property. The Site, the Services and the Materials (including the selection, arrangement and composition of such Materials 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. Users shall have no rights in or to such Materials. Users 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. Users agree and acknowledge that the use of such information on the Site licensed from third parties or obtained from public sources may be subject to certain protections and limitations which User shall comply with.
(e) Content. In addition to the Materials and Services, this Site may also make available to Users certain Third Party Services. The Third Party Services 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 Materials and Services. Users will not hold us responsible or liable, and hereby releases Altisource (including its subsidiaries, affiliates, officers, directors, agents, employees) in perpetuity from liability arising, with respect to the Third Party Services or User’s use of the same.
(a) Who Can Use the Site. Our Services and the Site can only be used by Users. Without limiting the foregoing, our Services and the Site cannot be used by Consumers, minors or to temporarily or indefinitely suspended Users. If you are a Consumer or otherwise do not meet the qualifications to be a User, you may not use the Site. Only Users are authorized to access the Services and the Site. The Real Estate Settlement Procedures Act (RESPA) and Unfair, Deceptive and Abusive Acts or Practices (UDAAP) and other residential real estate and consumer protection statutes are deemed not to apply and are waived by Users as the Site is not for Consumers. Users agree and acknowledge that their use of the Site shall not in any way make the Site or the Services subject to any of the above mentioned laws and regulations. If you do not meet the qualifications to be a User, you may not use the Services or the Site. If you are registering as a Basic Member or Professional Member, you represent that you have the authority to bind yourself or the Business you represent to this Agreement and any other related agreements. If you do not have such authority, you will be held liable for all actions taken or omissions under your user ID. We may suspend or otherwise refuse access to any User who refuses to abide by the terms and conditions herein or abuses their rights related to the Site.
(b) Accuracy of Information. Users shall provide true, accurate, current and complete information during the Site registration process and in all interactions on the Site and interactions with us. Users will accurately maintain and update User information as needed. Users are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
(c) Restricted Activities; Submission of Harmful Material. Users’ account and user ID may not be transferred or sold to another party. Users shall not post, submit or link to any material that (i) is illegal, deceptive, false, inaccurate, misleading, fraudulent, threatening, harassing, libelous, defamatory, obscene, pornographic or otherwise objectionable as determined by us or under applicable law; (ii) directly or indirectly directs Users to another online or offline location that provides products or services similar to or competitive with the Services or the Site; (iii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize; (v) infringes the intellectual property rights, privacy rights or other legal rights of any individual or entity; (vi) includes any code, files, scripts, agents, programs or other computer programming routines intended to do harm or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, including, for example, viruses, worms, time bombs and Trojan horses; (vii) creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers; or (vii) interferes with, disrupts or otherwise adversely impacts the use of the Site by any other User.
(d) No Scamming. Users 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. Users 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 you 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). Users 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 or the Site 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. Users may not use, or attempt to use, the Site and the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Site. Users may not harvest information about Users of the Site for any purpose. Users 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. Users may not bypass any robot exclusion headers or other measures we take to restrict access to the Site’s data or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data.
(f) Bulk Downloads. The content offered as part of or through the Site is not intended for bulk downloads, and thus, you are expressly prohibited from downloading such content in bulk. For purposes of further clarification, bulk downloads shall include, without limitation, any ten retrieval related actions per minute from an individual IP address or otherwise associated with one User (or group of associated Users). Unreasonable and/or excessive use, as determined in our sole discretion, may result in access being suspended or otherwise denied temporarily or permanently for a given user or IP address.
(g) Access and Interference. Users shall not use any electronic device, software or process to monitor or copy our Site or any portion thereof or the content contained herein without our prior expressed written permission. Users shall not use any electronic device, software or process to interfere with or attempt to interfere with the proper functioning of the Site or any activities conducted on the Site. Users shall not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Users shall not copy, reproduce, alter, modify, create derivative works, or publicly display any Materials, Services or the Site for public, commercial or any other purposes, including the text, images, audio, and video without our prior expressed written permission. Users shall not frame the Site, Services or any Materials or other content therein, nor shall Users otherwise cause the Site, Materials or content to appear in a form that is outside of the context of the Site. Users shall not cause any advertising (including, without limitation, pop-ups or pop-unders) or other functionality that interferes with the user experience of the Site.
(h) Use of Email Tools: You may NOT use the email services that we offer to send spam (i.e. unsolicited email) or otherwise send content that would violate the Agreement. We may monitor, track or save the use of this feature, but will be under no obligation to monitor, track or save these email messages sent from these tools. If you send an email using the email services that we offer to an email address that is not registered in our system, we do not use that email address for any purpose other than to automatically send your friend a one-time email inviting him or her to visit the Site. This information may be stored for the sole purpose of sending this one-time email and for tracking the success of our referral program. We also do not rent or sell these email addresses of un-registered users.
(i) Shared or Public Information: Some member information is displayed in the following areas on the Site: Listing Details, Professional Directory and Professional Profiles. When a Basic Member or Professional Member enters a listing in the listing service, listing contact information is also entered and displayed on the listing for advertising purposes regarding that listing.
Unless required by law as detailed in this section, or a User specifically takes action as discussed in this paragraph, User search activity information is not shared, and such activity information remains private to the User and to the Company.
(a) Identity Verification and Use. We use many techniques to identify 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 at https://www.investability.com/about/contact 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 or content it provides to us. Each Basic Member and Professional Member is responsible for maintaining the confidentiality of its username and password, and each User and each of its Authorized Users are jointly and severally liable for all activities that occur under any such User or Authorized User’s username and password. No Basic Member or Professional Member may share its username or password with others. Each Basic Member or Professional Member will immediately notify us of any unauthorized use of its username or password, or any other breach of security related to the Site. Each User and its Authorized Users will be held jointly, severally and fully liable for any Prohibited Use and/or breach of this Agreement by such User or Authorized Users, and will fully indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, including a claim for attorneys’ fees, or damages arising out of such Prohibited Use or any other breach of this Agreement.
(b) Release. Each User hereby releases us (and our subsidiaries, affiliates, officers, directors, agents 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 (i) such User and such associated Authorized User’s use of the Site, Services or Materials; (ii) such User and such associated Authorized User’s breach of this Agreement or the documents it incorporates by reference; (iii) such User and such associated Authorized User’s violation of any law or the rights of a third party or (iv)any dispute with one or more other Users.
(c) Information Control. We do not control any information on the Site that may be provided by Users. Users 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 (as this Site does not confirm the age of its Users), foreign nationals and people acting under false pretenses.
(d) 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 access the Site. The decision to shut down and re-enable the Site, in whole or in part, rests solely with us. The Site, all Materials and any other content 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.
By posting any information through the Site, you expressly grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such information and your name, voice, and/or likeness as contained in your information, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site. You understand and agree that any liability, loss or damage that occurs as a result of the use of information that you make available or access through your use of the Site is solely your responsibility. We are not responsible for any public display or misuse of your submissions. We do not, and cannot, pre-screen or monitor all submissions. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Site.
5. : WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE ACCURACY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON THE SITE OR THE OPERATION, ACCURACY OR APPROPRIATENESS OF THE SITE FOR ANY BUSINESS PURPOSES. THE SITE, AND ALL MATERIALS () ARE PROVIDED ‘AS-IS’.
6. . To enable the Site to use the information with which Users supply us, and so that we are not violating any rights Users might have in that information, Users hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise any copyright, publicity and database rights you have in your information (including without limitation any of your information submitted upon registration with the Site and information relating to your usage of the Site, but excluding any of your payment information, which we are permitted to use to process payments), in any media now known or not currently known, with respect to Users information.
7. . Without limiting any of our other remedies, we may immediately remove or suspend you as a User (and, if you are a Authorized User, the User associated with you), warn our community of Users actions, issue a warning, temporarily suspend, indefinitely suspend or terminate Users account and refuse to provide our Services to Users if: (a) Users breach this Agreement; (b) we are unable to verify or authenticate any information Users provide to us; or (c) we believe that Users’ actions may cause financial loss or legal liability for you, our Users or us. We shall not be liable for any errors in connection with taking any of the abovementioned actions so long as we have taken such actions in good faith.
8. . Each User and its associated Authorized Users shall jointly and severally indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand (including investigations of governmental authorities, fines, penalties, civil judgments and settlements or a claim for attorneys’ fees, made by any third party due to, or arising out of, any act or omission related to: (i) such User and such associated Authorized User’s use of the Site, Services or Materials; (ii) such User and such associated Authorized User’s breach of this Agreement or the documents it incorporates by reference, (iii) or such User and such associated Authorized User’s violation of any law or the rights of a third party. Any Consumer who accesses or uses this Site or the Services in breach of Section 2(a) shall indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim, demand or damages (including investigations of governmental authorities, fines, penalties, civil judgments and settlements or a claim for attorneys’ fees) arising out of, such Consumer’s access or use of the Site, the Services or Materials or any violation of any law resulting therefrom.
9. . IN NO EVENT WILL OUR LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE OR THE MATERIALS EXCEED THE AMOUNT USER HAVE PAID TO US FOR USE OF THE SITE IN THE PRECEDING THREE MONTH PERIOD OR, IF USERS HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, TEN DOLLARS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
10. . Each User shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding such User’s use of the Site.
(a) Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
(b) Assignment. We may assign this Agreement and all referenced or incorporated agreements at any time for any reason. Users may not assign any of Users’ rights hereunder without prior written approval by us.
(c) Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(d) Breach. Our failure to act with respect to a breach by Users or others does not waive our right to act with respect to subsequent or similar breaches.
(e) Entirety. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
(f) Refusal of Service. We reserve the right to refuse service to anyone for any reason not prohibited by law.
(g) Governing Law. This Agreement shall be governed by and construed in accordance with Delaware law. THE PARTIES HERETO HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT WHICH EITHER OR BOTH OF THEM MAY HAVE TO RECEIVE A TRIAL BY JURY WITH RESPECT TO ANY CLAIMS, CONTROVERSIES OR DISPUTES WHICH MAY ARISE OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.
(h) Acceptance. By registering on the Site Users unconditionally accept the above Agreement. Users shall abide by all such terms and conditions fully and without recourse.
(i) Intellectual Property Notice. Altisource, Investability, the Investability logo and all other marks identified herein, and on referenced and incorporated agreements, are trademarks or service marks of Altisource or its subsidiaries (the “Marks”). These Marks may be registered with the United States Patent and Trademark Office and Intellectual Property Offices of other countries. Users are not permitted to use the Marks without the prior written consent of Altisource. In addition, Users 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.
(j) Claims of Copyright Infringement: If you believe that your work has been reproduced in connection with the Site in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Altisource Solutions, Inc.
Attn: Legal Department
1000 Abernathy Road, Suite 245
Atlanta, GA 30328
(j) Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. USERS’ ACCESS AND CONTINUED USE OF THE SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
(k) Arbitration. In the event of any dispute between the parties that arises under this Agreement, such dispute shall be settled by arbitration, using a single arbiter, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. The hearing shall be conducted in New York, NY, unless both parties consent to a different location in writing. The decision of the arbitrator shall be final and binding upon all parties.