Terms of Service and Software License Agreement
Information and Use
Spark is a tool that populates some areas of a real estate appraiser's report with data about properties that was obtained from the appraiser's MLS system, CoreLogic public record data, and/or DwellingCost cost data. All data entered into a report by Spark should be verified to ensure accuracy and completeness primarily since MLS and public records can (and often do) have inaccurate or outdated information regarding properties. Due to the nature of the data source(s), Choice Valuation and its members expressly disclaim any warranties regarding accuracy and completeness of the data/information placed into any appraisal report by Spark. Spark utilizes the appraiser's settings to place the data from MLS, CoreLogic, and/or DwellingCost into the appraiser's report. The appraiser should always verify the data is correct before delivering to their client.
For our part, if we are made aware of a problem with Spark translating the MLS or CoreLogic data incorrectly, in that the information entered into an appraiser's report does not match the original data (based on the appraiser's settings), we will work as quickly as possible to remedy the problem and keep the appraiser informed during the process. This also applies to any other error found to be a result of Spark not functioning correctly.
Spark is designed to work hand-in-hand with the appraiser's form-filling software. If an error takes place that is not the result of Spark but is due to the form-filling software, we will direct the appraiser to contact that company but we will also communicate with that company in an effort to solve the problem.
The appraiser has an option in Spark to include maps of each property and these maps are obtained from Google. These maps are created by Google utilizing the address of each property that is either from MLS or CoreLogic and represent Google's best attempt to get the location but there is no guarantee by Spark, implied or otherwise, that the map provided will show the actual location of the property. These maps are provided in a PDF that is added to the appraiser's digital work file but are not automatically placed in the report that is delivered to the client.
Any personal information provided to Choice Valuation (including all files uploaded to Spark) is kept confidential and private and will not be distributed to any other party. Your secure payment information is never provided to Choice Valuation or any of its members.
The MLS records you provide to Choice Valuation along with the CoreLogic and DwellingCost data are not kept, sold, or transmitted to any other party and they are permanently deleted from our servers within 2 hours of being uploaded. Choice Valuation and it's members do not in any way utilize, transfer or sell any MLS data uploaded to Spark.
What you should expect from us:
As Spark users you should expect a product that accurately gets your MLS records along with the CoreLogic public records and DwellingCost cost data into your report (based on your settings). If there is an error in how Spark gets the data into your report you can expect us to work quickly once we're notified, to solve the problem. You should also expect that Spark will be available to use when you want it and we will work to have minimal server down-time. Keep in mind that CoreLogic and DwellingCost may have down-time that is out of our control. CoreLogic has stated to us that they may have scheduled maintenance from 7:00pm on Saturday to 7:00am on Sunday but this will not happen each week. Spark will work even when CoreLogic and/or DwellingCost or not up and running but it will provide less information (except in the case of Spark Lite which will not work without CoreLogic). Last, you should expect your confidential information to be kept confidential.
What we expect from you:
We expect that you will verify all of the data in your report including all of the data entered by Spark for accuracy. We also expect that you will not start litigation against us for Spark not placing accurate data into your report since it is your (the appraiser's) responsibility to verify that data.
In order to upload your MLS data to Spark you must have an agreement with that particular MLS system or board which allows you to use their system and export data for your use as an appraiser.
Each Spark customer is required to utilize a separate user name and password. Spark is licensed for use to its customers in their capacity as a professional real estate appraiser (or unlicensed assistant/administrative personnel who performs work for the real estate appraiser).
If you are in an office of multiple appraisers with admin/assistant/trainee personnel that use Spark for the appraiser, you do not need a license for those people, just for the appraisers that have their reports filled out by Spark. FOR EXAMPLE: If you are in an office with 5 appraisers and 1 admin/assistant or trainee who fills out some of the report for appraisers including using Spark on reports for those appraisers, you would purchase 5 licenses, one for each appraiser. Please contact us for help in properly setting up multiple licenses in one office. EXCEPTION: If you use a la mode software and a la mode requires your trainee or admin personnel to have their own customer number then you would have to pay for Spark separately for that person. Please contact us with any questions on this.
Both the user/customer and Choice Valuation have the right to terminate service at any time and for any reason.
Choice Valuation has licensed from CoreLogic Solutions, LLC (“CoreLogic”) certain portions or
elements of the public records data available through the Software (“CoreLogic Data”). The CoreLogic Data may be used by You solely in connection with professional real estate appraisal activities arising in the ordinary course of business. The CoreLogic Data shall be subject to the same protections generally applicable to the data referenced in this Agreement, but in no event shall You be permitted to resell or relicense the CoreLogic Data or any portion or derivative thereof. CoreLogic may directly enforce these provisions and shall have all legal remedies available to Choice Valuation as set forth in this Agreement and all other available legal remedies.