Please read these Terms of Service (“Terms”) carefully before accessing ATTOM Data (“Licensed Information”) and using the Left Main ATTOM Data Integration (“Service”) operated by Left Main REI.
Your access to the Licensed Information and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Service.
By accessing the Licensed Information or using the Service, you (“User”) agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Licensed Information or use the Service.
1. USER AGREEMENT
1.1 User may use the Licensed Information internally, and shall not use any Licensed Information for reproduction, sale, publication, or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation except as expressly provided in the applicable Schedule;
1.2 User shall not acquire any proprietary rights in or to the Licensed Information, which rights remain exclusively in ATTOM and/or its third party data providers, and User acknowledges that the Licensed Information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money;
1.3 User acknowledges that the Licensed Information is sourced from public documents or statistical calculations, is provided on an “as is, as available” basis with all faults and defects, and neither ATTOM, nor Left Main REI, nor their third party data providers make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose. Further, neither ATTOM, nor Left Main REI, nor their third party data providers are responsible for errors, omissions, miscalculations, or misrepresentations of value; and
1.4 Any use of the Licensed Information by User shall be at its own risk, and User shall indemnify and hold harmless ATTOM, Left Main REI, and third party data suppliers with respect thereto.
2. LICENSE RESTRICTIONS
2.1 User shall not disclose, deliver, disseminate, or reproduce the Licensed Information in Bulk Format.
2.2 User shall not: (i) disclose, deliver, disseminate, market, reproduce or publish any portion of the Licensed Information in any manner including but not limited to via any data or API marketplace or similar software or platform in which data and API providers and consumers connect; (ii) sublicense, resell, relicense or redistribute the Licensed Information in whole or in part; (iii) commingle, process, modify or combine any portion of the Licensed Information with Other Data; (iv) use the Licensed Information to create, develop, enhance, or structure any database, or to create models, analytics, derivative products or other derivative works for resale or external distribution; (v) disassemble, decompile, or reverse engineer the Confidential Information or any portion of the Licensed Information; (vi) allow access to the Licensed Information through any servers located outside of User’s operations or facilities, (vii) use the Licensed Information in any way that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (viii) use the Licensed Information in any way that infringes ATTOM’s, Left Main REI’s, or any other third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (ix) use the Licensed Information in a manner which violates any law, statute, ordinance, or governmental regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising); (x) publish or publicly disclose the results of any comparison of Licensed Information to Other Data; or (xi) selectively extract data elements from any Licensed Information for any purpose other than the Permitted Uses.
2.3 Users shall not sublicense, resell, relicense or redistribute the Licensed Information, in whole or in part, to any entity that is domiciled outside of the United States or Canada.
2.4 User shall limit access only to consumer information, including without limitation, any consumer information contained in the Licensed Information, to those individuals who have a “need-to-know” in connection with User’s business and shall obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices.
2.5 User shall not use the Licensed Information: (i) as a factor in establishing an individual’s eligibility for credit or insurance; (ii) in evaluating an individual for employment purposes; (iii) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; or (iv) in any other manner that would cause such use of the Licensed Information to be construed as a consumer report under the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. or similar statute, or by any authority having jurisdiction over any of the parties.
2.6 User shall use all commercially reasonable efforts to prevent scraping by unauthorized parties on any web portals that display any Licensed Information in whole or in part.
3. OWNERSHIP
3.1 Proprietary Rights. ATTOM, its affiliates, or third party data providers own and hold all right, title, and interest in and to the Licensed Information, including, without limitation, all underlying data compilations and information, all materials related to the Licensed Information created by ATTOM, and all intellectual property ATTOM has derived from the Licensed Information, including, without limitation, all patents, trademarks, copyrights, and trade secrets, notwithstanding that portions of the Licensed Information may be derived in whole or in party from publicly available sources. Third party data providers are an express third party beneficiary to this Agreement and to any User Agreement.
3.2 Trademarks. “ATTOM” the ATTOM logo and all ATTOM product names are trademarks or service marks of ATTOM or its affiliates or of third party data providers (collectively, the “Marks”). No right or license to use the Marks is granted under this Agreement, except that User shall have the limited right to use the Marks solely as they appear in the Licensed Information. User shall not use the Marks in any advertising or promotional material unless a Schedule grants rights to ATTOM creative material, User shall not disclose to any third party that ATTOM is a data source, except for such disclosures required by federal, state or local government regulations, or as otherwise may be authorized in writing by ATTOM prior to any such disclosure. User shall not disclose to any third party that any third party data provider is a data source, except for such disclosures required by federal, state or local government regulations, or as otherwise may be authorized by the third party data provider prior to any such disclosure. User shall not remove, alter or obscure any Marks or proprietary notices contained in the Licensed Information or other materials provided by ATTOM.
4. PRIVACY; CONSUMER INQUIRIES
4.1 User shall comply with all applicable federal, state, and local laws, rules, and regulations of any kind, including without limitation to those governing fair information practices, consumers’ rights to privacy, and data protection, including without limitation, any applicable non-solicitation laws, rules, and regulations.
4.2 User acknowledges that the Licensed Information, while comprised in part of public record data, describes information that may be deemed to be sensitive information by some consumers. Except as otherwise provided in an applicable Schedule, User agrees that in connection with its use of the Licensed Information, and upon request by ATTOM or an applicable consumer: (i) User shall not broadcast or otherwise make public the name, address or other information regarding such consumer, unless such consumer provides written authorization to do so; and (ii) User shall limit access to consumer information to those individuals who have a “need to know” in connection with User’s business, and will obligate those individuals to acknowledge such consumer’s rights to privacy and adhere to fair information practices.
.3 Unless otherwise provided in an applicable Schedule, User shall be solely responsible for accepting and responding to all communications initiated by a consumer (“Consumer Inquiries”) arising out of User’s use of the Licensed Information. If applicable, User agrees that, upon request from a consumer or from ATTOM, User shall promptly cease all use of a specified consumer’s information included in the Licensed Information for marketing solicitations or any other direct marketing purposes.
5. CONFIDENTIALITY
5.1 Confidential Information. In the course of this Agreement, each party may obtain nonpublic information from the other party that is confidential and/or proprietary in nature (“Confidential Information”). Such Confidential Information includes, but is not limited to, the terms of this Agreement, information relating to the Licensed Information, information regarding a party’s current, future and proposed products and services, product designs, plans and roadmaps, prices and costs, trade secrets, patent applications, development plans, ideas, samples, media, techniques, works of authorship, models, inventions, know-how, processes, algorithms, software schematics, code and source documents, data, formulas, financial information, procurement requirements, User lists, suppliers, investors, employees, business and contractual relationships, sales and marketing plans, nonpublic personal information of consumers as defined by the Gramm-Leach-Bliley Act (Pub. L. 106-102) and any implementing regulations or guidelines, whether disclosed before or after the Effective Date, and any other information the receiving party knows or reasonably ought to know is confidential, proprietary, or trade secret information of the disclosing party. Confidential Information also includes any and all nonpublic information that the disclosing party received from third party/third parties that the disclosing party provided to the receiving party.
5.2 Obligations. The parties agree that at all times, and notwithstanding the termination or expiration of this Agreement, they shall hold all Confidential Information in strict confidence and trust, and shall not use, reproduce or disclose the Confidential Information to any person or entity except as specifically permitted in this Agreement. Each party may disclose Confidential Information to its employees, contractors, service providers, consultants and advisors who: (i) have previously agreed to be bound by terms and conditions at least as restrictive as those set forth in this Agreement; and (ii) who have a need to know such information.
5.3 Exclusions to Confidentiality. The restrictions on use and disclosure of Confidential Information set forth in Section 5.2 shall not apply to the extent the Confidential Information: (i) is or becomes generally available to the public through no fault of the receiving party (or anyone acting on its behalf); (ii) was previously rightfully known to the receiving party free of any obligation to keep it confidential; (iii) is subsequently disclosed to the receiving party by a third party who may rightfully transfer and disclose the information without restriction and free of any obligation to keep it confidential; (iv) is independently developed by the receiving party or a third party without reference or access to the disclosing party’s Confidential Information; or (v) is otherwise agreed upon by the parties not to be subject to the restrictions set forth in Section 5.2. Notwithstanding that portions of the Licensed Information may be derived in whole or in part from publicly available sources, the Licensed Information and any of ATTOM’s databases used in deriving the Licensed Information are proprietary, copyrighted and trade secrets of ATTOM and its third party data providers and, for the avoidance of doubt, are not excluded under this Section 5.3 from the restrictions on use and disclosure set forth in Section 5.2.
5.4 Disclosures Required by Law. The receiving party may disclose Confidential Information if required to do so as a matter of law, regulation, or court order, provided that: (i) the receiving party, unless not permitted by law, regulation, or court order, promptly notifies the disclosing party of any such request for disclosure; (ii) the receiving party discloses only that portion of the Confidential Information that is legally required to be furnished, and (iii) the receiving party cooperates fully with the disclosing party, and/or uses all reasonable efforts on its own, to obtain from the requesting party, to which the information would be disclosed, a written agreement requiring confidential treatment of the disclosed Confidential Information at least as restrictive as those set forth in Section 5.2 and cessation, purge, deletion, and destruction of the Confidential Information when it is no longer needed.