Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Upstimate’s website, order workspace, and Broker Price Opinion (“BPO”), condition inspection and data-entry services (together, the “Services”). By creating an account or engaging our Services, you agree to these Terms. If you are using the Services on behalf of a brokerage or company, you represent that you are authorized to bind that organization.

Eligibility & accounts

The Services are offered to licensed real estate agents, brokers and their authorized representatives. You must be at least 18 years old and provide accurate registration information. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

The Services

We provide preparation and completion support for BPOs (interior and drive-by), condition inspections and data entry, based on the property information, valuation forms and assignment details you supply. We act as an outsourcing service provider that assists you with the order you have received; the accuracy of our work depends on the completeness and accuracy of the information you provide.

Not an appraisal & your professional responsibility

• A BPO is a professional opinion of value. It is not an appraisal, and we are not a licensed appraiser or appraisal management company.
• You are the licensed professional responsible for the order. You must independently review, verify and adopt any draft we prepare before you rely on it, sign it, or submit it under your own name and license.
• You remain solely responsible for the final opinion of value, for meeting the ordering party’s (for example, a lender or AMC) guidelines and deadlines, and for compliance with all applicable laws, regulations and professional standards.

Authorization to outsource

You represent and warrant that you are permitted to engage a third party to assist with your assignment and to share the related property, order and any third-party information with us, and that doing so does not violate your agreement with the ordering party or any applicable law. You are responsible for obtaining any consents required to share that information. You agree to indemnify us against claims arising from your breach of this section.

Client responsibilities

You are responsible for providing accurate and complete property information and forms, for verifying every report before use or submission, and for all final lending, pricing and business decisions.

Fees & payment

Fees are charged per order at the rates shown in the order workspace, plus any add-ons you select. Unless otherwise agreed in writing, charges are due when the order is placed or upon receipt of invoice, and are exclusive of applicable taxes. There are no long-term contracts unless separately agreed in writing.

Turnaround & revisions

We work to meet the turnaround indicated for each order and provide reasonable revisions when the order details or requirements change. Rush handling may be available for an additional fee.

Acceptable use

You agree not to use the Services for any unlawful purpose, to submit false or misleading information, to infringe the rights of others, or to copy, resell or reverse-engineer our tools, templates or platform.

No guarantee of acceptance

We do not guarantee that any ordering party will accept a report or agree with any particular opinion of value. Our work product is provided to support your independent professional judgment.

Intellectual property

Upon full payment, the report prepared for you is yours to use for the identified property. Our internal methods, templates, software and tools remain our property.

Disclaimer of warranties

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.

Limitation of liability

To the maximum extent permitted by law, Upstimate’s total liability arising from the Services is limited to the fees paid for the specific deliverable at issue. We are not liable for indirect, incidental, special or consequential damages, or for lost profits.

Indemnification

You agree to indemnify and hold Upstimate harmless from claims, damages and expenses arising from your use of the Services, your submission or use of any report, or your breach of these Terms.

Independent contractors

We act as an independent service provider. Nothing in these Terms creates a partnership, agency, employment or joint-venture relationship between you and Upstimate.

Suspension & termination

You may stop using the Services at any time. We may suspend or terminate access if you breach these Terms or use the Services in a way that risks harm to us or others. Sections that by their nature should survive termination will continue to apply.

Governing law

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws rules. The state and federal courts located there will have exclusive jurisdiction over any dispute, unless the parties agree otherwise in writing.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Services after changes take effect means you accept the revised Terms.

Contact

Questions about these Terms? Email bpos@upstimatebpo.com.