Alamode/corelogic/smartexchange - You Have A Right To Be Paranoid

[CompCheck]

For those that have opted into Alamode's smart exchange: Congrats! You are now at major risk of a majore copyright lawsuit. Did you read the service agreement? I'll spell out a couple of more for you. By opting in so that you can save a couple of measly minutes on a report you have provided to CoreLogic all of your field data since you began appraising. You then have waived your rights to your work and have allowed them to share your work worldwide to be used in AVMs - which will continue to eliminate future orders for you at yet to be known percentages. Additionally, if you have ever used an MLS photo or any other proprietary MLS data such as an MLS# Alamode has named you as the source of the copyright infringement for the inevitable future lawsuits.

Think before you opt.

SmartExchange License Addendum
a la mode technologies, LLC
Effective 8/1/2018
In choosing to utilize SmartExchange, You agree to the terms and conditions of the TOTAL Suite of Products Software License Agreement (“Agreement”) as well as the additional terms and conditions set out in this amendment (“Amendment”). SmartExchange shall be considered an added ALM product under the Agreement. In instances where the terms of the Amendment conflict with the Agreement, the terms of this Amendment shall govern.

When choosing to use SmartExchange You agree to share Your comparable property characteristics data (“Property Data”) with ALM, its affiliates, and other members of SmartExchange. ALM will integrate the data it receives from You into the SmartExchange database, adding Your Property Data with the data of other SmartExchange members as well as ALM and its affiliates data. The SmartExchange database is owned exclusively by ALM. ALM will take all steps reasonably necessary to keep this SmartExchange database intact and assessable to You pursuant to the terms of this Addendum and the Agreement.

You hereby grant ALM and its affiliates a nonexclusive, perpetual, worldwide, fully paid license to contribute Your Property Data into SmartExchange and create derivative works in the form of products and data which may be provided to other members of the SmartExchange service.

You warrant that the images and materials You provide for contribution to SmartExchange are either owned by You, or You have obtained consent from the owner of such materials. Further, You grant ALM a license to modify or manipulate the data and/or metadata that you submit, so long as ALM does not materially alter or change any of the values or actual content of the data. You warrant that You have the right to share the material submitted, including (without limitation), intellectual property such as trademarks and creative material subject to copyright protection. You hereby agree to release, and hold harmless CoreLogic and its affiliates from and against any and all claims based on any materials You submit, including (without limitation) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action.

In addition to the disclaimers contained in the Agreement, You acknowledge that ALM makes no representation or warranty to You that the third party data or derivative products provided in SmartExchange is accurate or fit for a particular purpose.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ADDENDUM; THAT YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS ADDENDUM AND AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND ALM AND SUPERSEDED ANY PROPOSAL OR PRIOR AGREEMENT, ORAL, OR WRITTEN AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. YOU ALSO AGREE THAT ALL OF THE TERMS AND CONDITIONS OF THIS ADDENDUM AND AGREEMENT APPLY TO YOUR USE OF THE SOFTWARE, SHOULD YOU CHOOSE TO PROCEED WITH THE USE AND IMPLEMENTATION OF THE SOFTWARE.

 

[Evincere]

I read no terms and conditions for an OPT OUT included in the TOS Agreement.

 

[J Grant]

Anyone who participates is an idiot.

 

[Skeletor]

Sorry CompCheck but what exactly do you think UAD and Collateral Evaluation are? You actually believe SmartExchange is the first vulture at the table? Our data has been available since UAD was implemented. You are clear to land on any runway dude.

 

[CompCheck]

Sorry CompCheck but what exactly do you think UAD and Collateral Evaluation are? You actually believe SmartExchange is the first vulture at the table? Our data has been available since UAD was implemented. You are clear to land on any runway dude..

Please go back and let me know when you warranted your data to FNMA in the terms similar to below. Go ahead, I'll wait.

You warrant that the images and materials You provide for contribution to SmartExchange are either owned by You, or You have obtained consent from the owner of such materials. Further, You grant ALM a license to modify or manipulate the data and/or metadata that you submit, so long as ALM does not materially alter or change any of the values or actual content of the data. You warrant that You have the right to share the material submitted, including (without limitation), intellectual property such as trademarks and creative material subject to copyright protection. You hereby agree to release, and hold harmless CoreLogic and its affiliates from and against any and all claims based on any materials You submit, including (without limitation) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action.

 

[Ahhhh Yeahhhh]

Yeah... Just get ready to be sued by your own MLS when they find out you gave permission for CoreLogic to re-sale their data.

Another point to bring up is that appraisers should already be notifying their MLS that this is going on as CoreLogic has already scrubbed proprietary MLS data from your reports to be re-sold for a profit. This was done WITHOUT your permission and is a DIRECT violation of copyright laws. I have already put my MLS on notice of this scam.

You can't fight the big boys like CoreLogic. But you can talk to local boards who already have lawyers on standby ready and willing to send a cease and desist letter.

 

[TRESinc]

Another point to bring up is that appraisers should already be notifying their MLS that this is going on as CoreLogic has already scrubbed proprietary MLS data from your reports to be re-sold for a profit. This was done WITHOUT your permission and is a DIRECT violation of copyright laws.

how so?

 

[Ahhhh Yeahhhh]

how so?

If you look at the smart exchange and it pulls up comps that are in the CoreLogic database that YOU entered and YOU havn't allowed them to scrub your database, it is because they scrubbed the data from a report submitted through FNC, Mercury or AppraisalScope. I know for a fact that they have admitted to using data from FNC even on reports from appraisers who do not "opt in".... Even on reports from appraisers who do not use alamode.

When I do an appraisal some of my comps are pulling up in smart exchange. I cannot see my peers data as I havn't opted in. But how did they get my data if I didn't 'opt in'. They are getting it from FNC. We didn't agree to this.

 

[TRESinc]

If you look at the smart exchange and it pulls up comps that are in the CoreLogic database that YOU entered and YOU havn't allowed them to scrub your database, it is because they scrubbed the data from a report submitted through FNC, Mercury or AppraisalScope. I know for a fact that they have admitted to using data from FNC even on reports from appraisers who do not "opt in".... Even on reports from appraisers who do not use alamode.

When I do an appraisal some of my comps are pulling up in smart exchange. I cannot see my peers data as I havn't opted in. But how did they get my data if I didn't 'opt in'. They are getting it from FNC. We didn't agree to this.

where did you get your fact from? i would love to read that myself. in full disclosure i am not an alamode user nor have i been for over 5 years so i have no horse in this race.

 

[Ahhhh Yeahhhh]

Call 1800alamode

Ask them.

BTW.. you do have a horse in this race. They are taking your data (assuming you have used appraisalport) and selling it to alamode users against your knowledge and permission.

There is also a video of Joel Baker stating that the data is coming from both 'peers' as well as FNC. He does not specifically mention mercury or appraisalscope, but he does specifically mention FNC which is appraisalport.

I'll see if I can dig up the video.