Website Terms of Service
Last Update: January 1, 2020
This website (the “Site”) is operated by Pointillist, Inc. (“Pointillist”) an affiliate of Altisource S.à r.l. (“Altisource”). The terms “we”, “us” and “our” as used herein also refer to Pointillist. The Site includes access to certain proprietary information, media and other materials of Pointillist (collectively, “Content”). The Content and this Site are together referred to herein as “Site”. We provide the Site to you conditioned upon your acceptance of these terms of service (the “Terms”). Any new Content, features or tools which may be added to the Site from time to time are also subject to these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. You must accept these Terms (including any additional terms and policies referenced here or available by hyperlink) in order to use the Site. These Terms apply to all users of the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE.
We reserve the right, in our sole discretion, to update, modify, change or replace any portion of these Terms at any time by posting updates and/or changes to the Site. You should review the most current version of the Terms periodically on the Site. We will post a notice on the Site that the terms have been modified, but it is your responsibility to check for changes. Your continued use of the Site following the posting of any changes signifies that you accept the changes. If you do not agree to the changes, you should discontinue your use of the Site.
CLASS ACTION WAIVER
EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SITE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS.
Your use of the Site, and the use of any information collected by us through your use of the Site (including, without limitation, any account registration information) is subject to the Pointillist Privacy Statement, which is incorporated as part of these Terms. Your use of the Site signifies your acceptance of the Privacy Statement.
USE OF THE SITE AND CONTENT
This Site is intended for use by individuals 18 years and older. You should not provide any information via the Site unless you are 18 or over. If you are under 13 years of age, you may not use the Site or provide any information to us via the Site. If you are under the age of majority in your jurisdiction (typically 18 years of age), you may use the Site only with the approval of your parent or guardian, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Site.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable, personal, non-sublicensable right to access and use the Site and to view Content made available via the Site for your personal use only. You may not use the Site or the Content for the benefit of any other person or third party. You are responsible for procuring and maintaining the network connections that connect you to the Site. No licenses or rights are granted to you by implication or otherwise. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) for any reason at any time in our sole discretion. We reserve the right to refuse use of the Site to anyone and to reject, cancel, interrupt, remove or suspend any user or the Site at any time for any reason without liability.
Pointillist makes available certain Content via the Site. Content is subject to change at any time without notice. All Content provided by us through the Site is for your personal and non-commercial use only. All Content is provided for informational purposes only. No Content is intended to provide financial, legal, tax or other professional advice. The quality of the display of the Content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
RESTRICTIONS ON USE
You shall not (and shall not permit others to): (a) copy the look-and-feel or functionality of the Site; (b) remove any proprietary notices, marks, labels, or logos from the Site; (c) change, alter, modify, decompile, disassemble, translate, reverse engineer, create derivative works, transfer, mirror or frame, sell, resell, rent, lease, distribute, perform, publish, sublicense, transfer or otherwise exploit the Site, the Content or any portion thereof; (d) you may not attempt to derive the source code or the inner workings of the Site or use the Site in order to create a competitive product or service; (e) you may not archive, download reproduce, duplicate, bootleg, or otherwise make any copies of the Site. You may not publicly perform the Site. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site.
You may not use the Site for any illegal, unlawful or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts. In the using the Site, you warrant that you will not violate any international, federal, state or local laws, rules, regulations or ordinances. You must not upload or transmit any worms, viruses, bots, Trojans, back doors, or any malicious or destructive code of any kind to the Site, or any code that will affect the functionality or accessibility of the Site. You will not use the Site to (a) submit false or misleading information (such as using a false e-mail address or pretending to be someone other than yourself); (b) collect or track the personal information of others or use any data mining, data gathering, or extraction method; (c) use any robot, spider, scraper or other automated means to access the Site; or (d) to interfere with or circumvent the security features of the Site. A breach or violation of any Terms may result in an immediate termination or suspension of your ability to access the Site.
Our Site and Content are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Site and Content.
Certain aspects of our Site may require you to register with, and agree to the terms of, third party service providers in order to utilize such Site. We may also provide links or other access to other third party service providers as a convenience to you. Any use by you of the services of any third party service providers is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such third party services, and we make no representations or warranties with respect to such third party services. Please be sure to read any terms and policies that may apply to the third party services.
We may exchange information with third party service providers in order to facilitate the provision of Site (and related third party services). Where such information consists of Personal Data (as defined in the Privacy Statement), it will only be shared in accordance with the Privacy Statement.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and believe that any material available on our Site infringes upon your copyrights, please submit a notification of the alleged copyright infringement to the contact provided below in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing all the following information: (1) the full legal name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner/exclusive licensor; (2) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by this the notification, a representative list of the copyrighted works; (3) identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including URL(s) if possible); (4) your name, address, telephone number, email address, and/or any other information reasonably sufficient to allow us to contact you. Your notification must also include statements regarding the following: (A) You have good faith believe that use of the material in the manner described in this notification is not authorized by the copyright owner, its agent or the law; and (B) the information contained in this notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
Please deliver the notification by contacting us or by mail at 321 Summer Street, Boston, MA 02210.
If you send us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction fully exploit in any medium any Feedback that you provide to us. Feedback is not confidential. We are and shall be under no obligation (1) to pay compensation for any Feedback; or (2) to respond to any Feedback.
THE SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE SITE WILL BE ACCURATE. COMPLETE, OR RELIABLE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS. WE MAKE NOT REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT WILL APPEAR YOUR SPECIFIC DEVICE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE AND ANY CONTENT FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
IN NO CASE SHALL POINTILLIST, ALTISOURCE, ANY OF THEIR AFFILIATES OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST CONTRIBUTIONS, LOSS OF GOODWILL, LOST SAVINGS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT MADE AVAILABLE VIA THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR OR ALTISOURCE (OR ANY AFFILIATES) TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED $100 IN THE AGGREGATE.
You may stop using the Site at any time. We may suspend or terminate your use of the Site immediately and without liability to you if you violate these terms, or if your continued use of the Site would cause a risk of harm or loss to us, our other users, or any third party. We may, in our sole discretion, decide to discontinue the Site at any time without notice or liability to you.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US, ALTISOURCE AND ANY AFFILIATES OF US OR ALTISOURCE, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local small claims court (to the extent permitted) unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law. Your written notification must be mailed to us at the address set out at the end of these Terms. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject.
Except as otherwise stated herein, these Terms constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of Pointillist to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provision. These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We will provide you notice by conspicuously posting the notice on our Site. In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Please contact us if you have any questions about these Terms.
You may also reach us by mail at:
321 Summer Street
Boston, MA 02210