Terms & Conditions

Thank You for visiting our Site (as defined below), which is owned and operated by Altisource S.à r.l. and their respective affiliates and subsidiaries. The following terms and conditions (the “Agreement”) are a legal agreement between you and Altisource S.à r.l. (“Altisource”, “us”, “our” or “we”). You should not access this Site, until you have carefully read and agreed to this Agreement.

This Agreement governs your use of the Springhouse website (https://springhousevaluations.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. Your consent to be contacted using an automatic telephone dialing system, and how to revoke such consent, is detailed below in Section 1.d.

By accessing or using this Site in any way, including, downloading of any Content (as defined below), engaging Altisource to receive Springhouse Services (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. The provisions contained herein supersede all previous notices or statements regarding this Agreement with respect to this Site. You hereby agree that you possess the legal right and ability to enter into this Agreement and you are 18 years of age or older.

DEFINED TERMS
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”, “us”, “our” or “we” has the meaning assigned to such term in the preamble hereof.
• “Altisource Confidential Information” has the meaning assigned to such term in section 5 hereof.
• “BPOS” means broker price opinions.
• “Content” means any and all information, documents, communications, files, text, graphics, material, content, Reports, software and products available through the Site and the
• Order Management System for the purpose of transacting with Altisource or learning about the services.
• “Fees” has the meaning set forth in section 4 (a) hereof.
• “Marks” has the meaning assigned to such term in section 11(h) hereof.
• “Marketing Communications” has the meaning assigned to such term in section 1(c) hereof.
• “Materials” means any information that may be submitted to the Site by you.
• “Order Management System” has the meaning set forth in section 1(b) hereof.
• “Representatives” has the meaning assigned to such term in section 5 hereof.
• “Springhouse Services” has the meaning set forth in section 1(b) hereof.
• “Site” has the meaning assigned to such term in the preamble hereof.
• “Telephone Communications” has the meaning assigned to such term in section 1(c) hereof.

1. Your Access, Contents and Springhouse Services.

(a) Use of the Site. You shall use and access the Site for the purpose of browsing the Site in evaluation of your use of any of Springhouse Services and/or applying for the provision of such Springhouse Services. The information 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) Springhouse Services. Altisource, directly or indirectly through its affiliates, shall provide you appraisal services, alternative valuations services, BPO services and any other service pursuant to your request submitted through the system that enables you to interact with Altisource (the “Order Management System”). Where required by applicable law, Altisource will designate Springhouse®, LLC or other licensed appraisal management company(ies), regardless of whether they are affiliates of Altisource, at Altisource’s sole discretion, to provide any Springhouse Services under this Agreement. You are responsible for obtaining and maintaining any equipment and ancillary services needed to access and use the Order Management System. You shall also be responsible for completing the account registration processing including the selection of a password and username in the Order Management System. The Order Management System includes, without limitation, services, products, information, webpages, systems, software, networks, intellectual property, including patents, trademarks, copyrights, designs and trade secrets, “know-how” and any other right and materials. No rights to or in the Order Management System are granted to you. You agree not to (and not to allow any party accessing the Order Management System on its behalf to): (i) access or use the Order Management System for the benefit of unauthorized parties; (ii) circumvent or attempt to circumvent any use or access limitations; (iii) reverse engineer or access the Order Management System to build a similar or competitive product; (iv) copy, modify, reformat, or make derivative works of the Order Management System. You shall immediately notify Altisource of any unauthorized use of the Order Management System and use its best efforts to stop such unauthorized use. You agree that any unauthorized use may cause irreparably harm and monetary damages may not be sufficient remedy therefor and that upon any unauthorized use, Altisource shall be entitled, without waiving any other rights or remedies, to obtain injunctive or equitable relief.

(c) Special Provisions. For the purpose of providing, you the Springhouse Services: (i) Altisource will store the electronic copy of reports for ninety (90) calendar days after the fulfillment of the order; provided, however, such retention period may be modified at Altisource’s sole and absolute discretion. Upon your written request and approval of the additional costs related thereto, reports may be retained beyond such ninety (90) calendar day period; and (ii) Customer Support. You may contact Customer Support by emailing askspringhouse@sprinhousevaluations.com.

(d) By providing your email address to us, you are giving us permission to send email notifications that are provided by the Site and system messages, service announcements and other marketing messages (“Marketing Communications”) and any other type of communication required to provide the Springhouse Services to you. In addition, by providing your telephone number(s) or any other means of communication to us, 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 you for the purposes of receiving information in connection with the Services (“Telephone Communications”). You further acknowledge 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 you could be charged for such call. You consent to Telephone Communications shall be effective even if the number provided is registered on any state or federal Do-Not-Call (DNC) list. This consent shall remain in effect until you revoke it. You may revoke your consent to these calls or other forms of communications from us by contacting Customer Care at 877-871-6948, emailing us at askspringhouse@sprinhousevaluations.com or any other method that ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining any services from us. Should you prefer not to provide the consent detailed above in this Section 1, you may call contact Customer Care at 877-871-6948 or to askspringhouse@sprinhousevaluations.com.

(e) Grant of Limited Access. Subject to the terms of this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access, view and use the Site solely for the uses described above. We may establish general practices and limits concerning the use of the Site, including, without limitation, account history or other uploaded content will be retained by us, the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time and the maximum amount of data you may access from the Site in a given period of time.

(f) DATA. ALTISOURCE PROVIDES 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 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.

(g) Proprietary Property. The Site 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. You shall have no rights in or to such Content. You 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.

(h) Content. The use of the Site, the Springhouse Services, and the Content, shall 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 you receive such consent, you shall 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 the Content, 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.

(i) Altisource will treat any personal information submitted through this Site in accordance with its Privacy Policy accessible at https://www.altisource.com/Privacy-Policy.

(j) You grant 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 any information provided by you as necessary or useful to enforce this Agreement and exercise Altisource’s rights and perform its obligations hereunder. Subject to the restrictions set forth in this Agreement, you may copy information from the Content or Materials solely in the course of viewing, saving, printing, faxing and/or e-mailing such information only as necessary pursuant to the permitted use described within this Agreement.

2. Eligibility and Your Responsibilities.

(a) Accuracy of Information. You shall provide true, accurate, current and complete information during the use of the Site and in all interactions on the Site and interactions with us. You will accurately maintain and update its account information as needed. Except as may be otherwise specified in this Agreement, you, 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 your 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 you to protect the integrity of its Materials, as shall, from time to time, be necessary, required or desirable as specified by Altisource.

(b) Restricted Activities; Submission of Harmful Material. You shall not submit 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 you to another online or offline location that provides products or services similar to 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) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers (ISPs) or other suppliers; and (vii) interferes with, disrupts or otherwise adversely impacts the use of the Site.

(c) You remain solely responsible for the content of the Materials that you may submit into the Site, or any information provided through the Site. Neither Altisource nor, its affiliates, 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 you submitted into the Site. In addition to any other representations and warranties stated in this Agreement, you represent 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. You shall be solely responsible for (i) safeguarding the Materials, (ii) the accuracy, quality, integrity, legality and reliability of any Material submitted by you into the Site, (iii) ensuring that any Materials provided by you through the Site complies with any advertising, consumer protection, intellectual property, or any other applicable laws, rules, regulations and guidelines, (iv) your information technology infrastructure and management, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by you or through the use of third-party services, and (v) backing up or exporting the Materials that you stores on the Site to ensure you preserves its Materials

(d) No Scamming. You shall 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. You may not reverse engineer, decompile or disassemble the Site (except to the extent specifically permitted by applicable law) or attempt to do so, nor 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). You shall 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). You will 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. You shall not use the Site nor any of the information contained within 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. You shall not (and may not authorize any party to) (i) co-brand the Site, (ii) use the Site in a way that could cause Altisource to unknowingly participate in, or contribute to, the violation of any applicable law, statute, ordinance or regulation, (iii) use the Site or Content for any competitive purpose, (iv) frame the Site or any Content therein, nor shall you otherwise cause such Site or Content to appear in a form that is outside of the context of the Site, or (v) use any electronic device, software or process to monitor or copy the Site or any other of our web pages or the Content contained herein without our prior expressed written permission. You 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. You shall not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You shall not copy, reproduce, alter, modify, create derivative works, or publicly display any Content for public, commercial or any other purposes, including the text, images, audio, and video without our prior expressed written permission. You shall not cause any advertising (including, without limitation, pop-ups or pop-unders) or other functionality that interferes with your experience of the Site. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of Altisource or its affiliates in such a manner as is reasonably likely to give another person the impression that you have the right to display, publish, or distribute the Service or Content accessible in the Site. You will cooperate in causing any unauthorized co-branding or framing immediately to cease. You will immediately cease any occurrence of hyperlinking to the Site should Altisource make such a request, which you recognize it is entitled to do at any time and for any reason.

3. Restrictions on Your Use of the Site and Limitations.

(a) You 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. You shall not obtain or attempt to obtain any Content or Materials through any means not intentionally made available or provided to you through the Site.

(b) Any and all Materials submitted by you to the Site are your sole responsibility. You will hold Altisource and its affiliates harmless from any and all actions that may arise or be related to such Materials. You 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, you accept full responsibility for all personal data that you deliberately or inadvertently enter 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) Altisource reserves the right to monitor your 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 you are responsible for abiding by such limitations with respect to the Materials uploaded, including any downloaded Contents.

(d) You hereby warrant that it will never, directly or indirectly:

• (i) de-compile, translate, reverse engineer, disassemble, decode, adapt or create derivative works from the Site, any other Altisource product and/or any other Content or information owned by Altisource or its affiliates;
• (ii) re-market, resell or redistribute the Service to any third person or entity;
• (iii) bypass or breach any security device or protection used for or contained in the Site or any other Altisource product;
• (iv) use the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose that is to Altisource’s detriment or commercial disadvantage;
• (v) use and/or register any designation, trademark or trade name that incorporates any designation, trademark or trade name that is confusingly similar to “Springhouse” or “Valuation” or any other Altisource trademark;
• (vi) except as otherwise provided in this Agreement, commercially market all or part of Altisource’s products or services or any product similar to Altisource’s products, and/or that competes with Altisource in any way;
• (vii) damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
• (viii) obtain or attempt to obtain any materials or information through any means not made readily accessible by Altisource through the Site;
• (ix) access or attempt to access password protected, secure or non-public areas of the Site;
• (x) decrypt, defeat and/or overcome any digital rights management technology implemented with respect to the Site or data transmitted, processed or stored by the Site;
• (xi) send, expose, disclose, reveal, or share personal information through the Site without the express written consent of the owner of the information;
• (xii) remove or conceal any proprietary notices from the Site;
• (xiii) use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any Content or portion of the Site;
• (xiv) use the Site for the benefit of any third party or any manner not permitted by the access rights granted herein;
• (xv) use the Site or submit any Materials to generate or send any unsolicited commercial email (Spam);
• (xvi) copy any elements of the Site (other than as expressly provided under United States copyright laws);
• (xvii) access, create or modify source code of the Site in any way;
• (xviii) use the Site to, or in any way that would, violate any applicable local, state, national, or international law, regulation, ordinance or real estate practice having the force of law, including but not limited to the Gramm-Leach-Bliley Act, SB 1386, RESPA, CAN-SPAM, Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
• (xix) impersonate any person or entity, or falsely state or otherwise misrepresent or inaccurately display your credentials, qualifications, listings, affiliations with a person or entity, post, upload or otherwise relay information which is misleading to others, including consumers; or otherwise disguise the origin of any Materials;
• (xx) submit or publish Materials or Third-Party Content that solicits funds or services, contains or includes any virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or
• (xxi) use the Site to develop, generate, upload, post, display transmit or store information or Materials that: (A) infringes any third party’s intellectual property (including but not limited to patent, trademark, trade secret copyright or other proprietary rights of any party); (B) is unlawful, threatening, harassing, tortious, defamatory, libelous, pornographic, an invasion of privacy, obscene, abusive, hateful, vulgar, illegal, racist, offensive or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site.

(e) 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 you 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 your experience, 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.

4. Fees and Billing.

(a) Fees. For the provision of the Springhouse Services, you shall pay Altisource, its affiliate or a third party, any and all fees according to the fee sheet published or as quoted by Altisource upon your placement of an order through the Order Management System (“Fees”). Fees are exclusive of sales, use, ad valorem, personal property, and other taxes, which are your sole responsibility. The applicable Fee for each order is communicated to you through the Order Management System for your prior approval of the same in the Order Management System. Fees are based on a per unit cost and reflect variations based on property jurisdiction, location, size, accessibility and other factors to ensure Altisource provides customary and reasonable fees to appraisers and brokers. Altisource has the right to unilaterally modify the Fees, based on the factors described within this Section, at any time by notifying you through the Order Management System.

(b) Billing And Payment. (i) If you select the invoiced payment method, you consent that submission of invoices shall be made via email and for that purpose, you shall provide an electronic mail address to which invoices may be submitted. All payments are due within thirty (30) calendar days from the date of the invoice via automated clearing house or similar electronic transfer, unless otherwise noted on an invoice; or (ii) If you select paying in advance, you agree to make the payment by using a valid credit card. Accepted credit cards include but is not limited to Visa, MasterCard, Discover and American Express. You authorize Altisource to charge the credit card for all applicable fees and charges due and payable under this Agreement. Additionally, you acknowledge and agree that charges may be processed immediately upon acceptance of this Agreement or as otherwise specified in the Order Management System.

(c) Cancellation. If Services have already been provided and you cancel the order, you shall pay Altisource the fees for any costs incurred by Altisource in providing such Springhouse Services.

5. Confidentiality.

From time to time, you may be given access to information provided by, belonging to or otherwise relating to Altisource, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing (“Altisource Confidential Information”). As a condition to being provided with such Altisource Confidential Information, you agree to: (a) not use the Altisource Confidential Information other than as strictly necessary to exercise its rights or perform its obligations under this Agreement; (b) not use any of the Altisource Confidential Information, directly or indirectly, in any manner to the detriment of Altisource or to obtain any competitive advantage relative to Altisource; (c) maintain the Altisource Confidential Information in strict confidence and not disclose the Altisource Confidential Information without Altisource’s prior written consent, provided, however, that you may disclose the Altisource Confidential Information to its officers, directors and employees (“Representatives”) who: (i) have a “need to know” for purposes of any performance, or exercise of any rights with respect to such Altisource Confidential Information; (ii) have been apprised of this restriction; and (iii) are themselves bound by written nondisclosure agreements or obligations at least as restrictive as those set forth in this Section, provided, further, that you shall be responsible for ensuring its Representatives’ compliance, and shall be liable for any of its Representatives’ noncompliance, with this Section; and (d) notify Altisource in writing immediately of any unauthorized accessing, possession or use of the Altisource Confidential Information of which it may become aware and cooperate fully with Altisource in any investigation or litigation relating to or arising from any of such unauthorized acts. Upon Altisource’s request, you must permanently erase or destroy all files and copies of any information provided by Altisource in connection with this Agreement. Altisource shall be permitted to retain such copies of Materials and any other information provided by you as necessary for legal or recordkeeping purposes, including such copies as are embedded in the automated backup of electronic data processing systems.

6. Disclaimer of Warranties.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE ACCURACY OF THE INFORMATION OR CONTENTS, MATERIALS CONTAINED ON THE SITE OR THE OPERATION, AND ACCURACY OR APPROPRIATENESS OF THE SITE FOR ANY BUSINESS PURPOSES. THE SITE AND ALL CONTENTS ARE PROVIDED ‘AS-IS’.

7. License.

To enable the Site to use the information with which you supply us, and so that we are not violating any rights you might have in that information, you hereby grants 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 its information (including without limitation your information submitted the Site to contact us and any Materials that corresponds to you submitted to the Site), in any media now known or not currently known, with respect to your information.

8. Indemnity.

You shall jointly and severally indemnify and hold us and (as applicable) our affiliates, officers, managers, directors, licensors, suppliers, agents and employees, harmless from any claim or demand, including a claim for attorneys’ fees, made by any third party due to, or arising out of, your use of the Site and/or the Services, your breach of this Agreement or the documents it incorporates by reference, the Materials, or your violation of any law or the rights of a third party.

9. Limitation of Liability.

EXCEPT WHERE RESTRICTED OR PROHIBITED BY LAW, ALTISOURCE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR PROFITS OR LOSS OF DATA THAT RESULTS OR ARISE FROM THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE THE SITE, EVEN IF ALTISOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT LIABILITY MAY BE ASSESSED AGAINST ALTISOURCE, IN NO EVENT WILL ALTISOURCE’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING THROUGH ANY USE OF OR ACCESS TO THE SITE, WHETHER IN CONTRACT OR IN TORT, EXCEED THE AMOUNT YOU HAVE PAID TO ALTISOURCE FOR USE OF THE SERVICES IN THE PRECEDING THREE MONTH PERIOD OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, TEN DOLLARS.

10. Legal Compliance.

You shall comply with all applicable local, state, federal and international laws, statutes, ordinances, and regulations regarding such use of the Site.

11. General.

• (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) Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• (c) Breach. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
• (d) Entirety. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
• (e) Refusal of Service. We reserve the right to refuse service to anyone or providing any response to you for any reason not prohibited by law.
• (f) Governing Law. This Agreement shall be governed by and construed in accordance with New York 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.
• (g) Acceptance. By entering on the Site you unconditionally accepts the above Agreement. you shall abide by all such terms and conditions fully and without recourse.
• (h) Intellectual Property Notice. Altisource Springhouse logo and all other marks identified herein, and on referenced and incorporated agreements, are trademarks or service marks of Altisource or its affiliates (the “Marks”). These Marks may be registered with the United States Patent and Trademark Office and Intellectual Property Offices of other countries. You are not permitted to use the Marks without the prior written consent of Altisource. 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.
• (i) 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. YOUR ACCESS AND CONTINUED USE OF THE SITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
• (j) Respa Compliance. You specifically represent and warrant that in connection with your use of the Springhouse Services, you shall be responsible for and shall comply with any and all requirements set forth in the Real Estate Settlement Procedures Act of 1974 (12 USC 2601 et seq.), and its implementing regulation, known as Regulation X (12 CFR Part 1024), as amended and interpreted by the applicable agencies, including, but not limited to, the Consumer Financial Protection Bureau and the U.S. Department of Housing and Urban Development, specifically as it applies to, but not limited to, the provisions concerning combinations of bona fide settlement services.

Last Updated: September 6, 2024.