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SpriteRE Software as a Service Subscription Agreement (Consumer)
Last updated: March 21, 2018
Subject to the terms and conditions of this Agreement, Provider hereby grants to Customer’s Permitted Users, during the Term, a nonexclusive, nontransferable, non-assignable right to (a) access the System; (b) use the Software; (c) process the User Data; and (d) store up User Data in a User database on the Host Server, as follows:
Customer herein consents to release information as necessary to allow Provider to facilitate and verify the status of their transaction including but not limited to: lender documents, purchase and sales agreements, and settlement or closing statements, including all documents related to same from the related service providers: Lenders, Real Estate Brokers and their Agents, Title Insurance Companies, and Escrow and Closing Attorney Providers. Customer permits the Provider’s collection and distribution of Customer’s data to third providers including, but not limited to pre-application information, real estate purchase agreements, and settlement closing statements. These permissions extend to the related lenders, real estate brokers and agents, escrow and closing attorney providers, as they relate to Customer’s home purchase transaction.
Customer will allow Provider to use Customer’s name and logo as a reference account for marketing purposes, including allowing Provider to reference Customer on its reference account list of companies in print and on its website. Customer retains the right to require Provider to withdraw any use of Customer’s name and trademark where Customer reasonably considers that such use of such name or trademark is derogatory, defamatory or detrimental to Customer or in any way damages Customer’s business or reputation.
Provider guarantees that the System and Software will be accessible at least 99.5% of the time, except for Scheduled Downtime. As Provider’s sole and exclusive remedy, if Downtime, other than Scheduled Downtime, exceeds the guaranteed level, then Provider agrees to credit toward the Customer’s Fees a prorated amount equal to the Fees attributable to such Downtime.
PROVIDER IS NOT RESPONSIBLE FOR LOST OR DESTROYED CUSTOMER DATA, WHICH LOSS OR DESTRUCTION SHALL BE AT CUSTOMER'S SOLE RISK.
Provider will use its commercially reasonable efforts to notify Customer at least twenty-four (24) hours in advance of any Scheduled Downtime. Provider will use reasonable commercial efforts to perform scheduled maintenance outside of Customer’s normal business hours to provide the least amount of disruption.
Provider represents and warrants to Customer that: (a) Provider has the power and authority to enter into this Agreement; (b) Provider is the owner of or licensee of all rights necessary and appropriate to grant the rights hereunder; (c) the services performed under this Agreement will be performed in a professional and workman-like manner in accordance with normally accepted industry standards, and with a degree of care, skill and expertise as is standard for the provision of services of a similar nature; and (d) that the Software and System will perform substantially in accordance with the Documentation. EXCEPT AS OTHERWISE PROVIDED HEREIN, PROVIDER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS, PURPOSE, OR MERCHANTABILITY, OR OF THE ACCURACY OF RESULTS OBTAINED THROUGH CUSTOMER'S USE OF THE SOFTWARE AND/OR SYSTEM. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR REPORT GENERATED, OBTAINED OR ACQUIRED THROUGH THE USE OF THE SOFTWARE AND/OR SYSTEM IS USED AT CUSTOMER'S SOLE RISK AND DISCRETION. PROVIDER IS NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE SOFTWARE OR SYSTEM. PROVIDER DOES NOT WARRANT OR REPRESENT THAT ACCESS TO THE SOFTWARE OR SYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE. OPERATION OF THE SYSTEM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PROVIDER'S CONTROL.
If Customer’s use of the Software or the System under the terms of this Agreement is, or in Provider’s opinion is likely to be, enjoined due to a claim of infringement or other violation of a third party's intellectual property rights, then Provider will, at its sole election and expense, either (a) obtain for Customer the right to continue using the Software or the System; (b) replace or modify the Software or System so that it becomes non-infringing provided such substitute or modified Software or System is functionally equivalent to the original or otherwise meets Customer’s needs, and is compatible with the same items as the original, and further provided that Provider reimburses Customer for data conversion and other costs reasonably incurred by Customer as a result of such modification or replacement; or (c) if such remedies are not reasonably available, promptly refund to Customer the pro rata unused portion of the fees paid to Provider, terminate this Agreement, and relieve Customer of any further payment obligations hereunder.
AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, REGARDLESS OF THE NATURE OF SUCH CLAIM, SHALL NOT EXCEED THE TOTAL SAAS FEES PAID BY CUSTOMER HEREUNDER DURING THE IMMEDIATELY PRECEDING ONE (1) MONTH. PROVIDER SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, AND EVEN IF PROVIDER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY PROVIDER. CUSTOMER AGREES THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT PROVIDER HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
SpriteRE is all about serving you, the home buyer, and providing you with free tools you’ll need to manage a better home buying experience. SpriteRE partners top local real estate agents with the nation’s top online lending institutions to see that you get the best mortgage terms available and an experienced local agent. SpriteRE's app' serves as a communication service to keep you, the lender, and the real estate agent, abreast of changes and milestones in your home purchase. The end result is a better loan and a smoother transaction for you.