Welcome to new account setup for SwiftEstimator®. This process will take you through a series of screens to select your subscription plan, tell us
information about you and select how you will pay for SwiftEstimator and how you would like to receive account statements from us.
When you have completed entering the information requested on a screen, use the "Next" button to move to the next screen. When you have completed setting
up your account, you can immediately start using SwiftEstimator.
Before continuing, please read the following license agreement, then click the "Yes. I Accept" button located on the bottom of this screen to start the
account setup process. If you do not accept the terms and conditions of the following license agreement, you will not be allowed to use SwiftEstimator.
License Agreement
PLEASE CAREFULLY READ THIS LICENSE AGREEMENT (THIS "AGREEMENT"). This Agreement is a binding legal contract between you individually (“You” or “Your”) or,
if You are authorized to license or acquire the Software (defined below) on behalf of a company, legal entity or organization, between the entity for whose
benefit You act, together with its employees and agents, (in which event “You” or “Your” shall also refer to such entity and its employees and agents), and
Marshall & Swift/Boeckh, LLC, a service providing affiliate of CoreLogic Solutions, LLC, (“MSB” or “We”) and governs Your use of SwiftEstimator and its
fee-based product(s) and offerings (collectively “SwiftEstimator”). This Agreement incorporates all the terms and conditions applicable to use of this
website. We may change, add, remove or modify any portion of this Agreement at any time. By clicking “Yes. I Accept” below, You acknowledge that You have
read this Agreement and You accept the terms hereof. YOUR CONTINUED USE OF SWIFTESTIMATOR NOW AND IN THE FUTURE WILL INDICATE ACCEPTANCE BY YOU
OF THE TERMS OF THIS AGREEMENT INCLUDING ANY CHANGES OR MODIFICATIONS MADE TO THIS AGREEMENT FROM TIME TO TIME AND POSTED ON THIS WEBSITE.
1. Definitions.
1.1. “MSB Data” means building characteristics data, construction costs, replacement costs, market information, property information or any other
figures, data, costs or information compiled by MSB, its affiliates or licensors.
1.2. “MSB Proprietary Information” means any content, code, systems, methodologies, forms, algorithms, scripts, logic processes, methods of delivery
and distribution, methods of gathering and managing data or any and all other related information delivered by MSB to You or used by MSB to provide the
Software or Publication (including without limitation such information embedded in the Software or Publication).
1.3. “Publication” means an MSB manual, book, index, brochure, factor or other paper, or MSB Data product.
1.4. “Software” means SwiftEstimator and all other MSB software and technology (including hosting services and linking technologies). The Software
may be delivered on a memory card or CD ROM; via downloading or access to an intranet or internet site; or in any other media or through any other delivery
mechanism selected by MSB. The Software may be used on a personal computer, mainframe, or any other technology platform permitted by MSB.
2. License Grant. We grant to You, and You hereby accept, a non-exclusive, non-transferable, revocable, limited license to access and use
SwiftEstimator. You may not sublicense, assign or transfer any licenses granted by MSB and any attempt at such sublicense, assignment or transfer shall be
null and void. SwiftEstimator may only be used for residential or commercial property appraisal or assessment purposes. Use of SwiftEstimator for any other
purpose, including without limitation insurance underwriting, insurance claims processing or replacement cost calculations is strictly prohibited. Use of
the information, calculations, products or services provided through SwiftEstimator for resale or for any use other than Your direct personal or internal
business needs is prohibited and is a violation of this Agreement. This Agreement is for a license and not a sale.
2.1. License Restrictions. The following restrictions shall apply to Your use of the Software or Publication. You MAY NOT: (a) share the
Software amongst multiple users who use a single log-in credential either simultaneously or at different times; (b) use and/or integrate a third party
computer program (whether or not such program was developed by MSB or licensed to MSB by a third party) with the Software or Publication, including, but
not limited to, a program designed for the purposes of data collection, assimilation, arrangement, or to be used in conjunction with the Software, without
the prior written consent of MSB and payment of applicable fees to MSB; (c) rent, sell, lease, sublicense, assign, transfer, lend, give, modify, translate,
time-share, publish, electronically transmit or receive or otherwise convey or permit access to the Software or Publication or a copy to any third party,
either in a tangible form or electronically, including, but not limited to, through a reseller relationship, multiple access arrangement (such as a service
bureau network), time sharing arrangement, multiple CPUs, or otherwise without the prior written consent of MSB; (d) develop a database, data compilation,
data set or other data grouping containing the Software, Publication or MSB Data or MSB Proprietary Information; (e) use the Software or Publication if You
are an insurance company, company acting as a property casualty insurer, insurance agent, insurance adjuster or inspection vendor (or a person working on
behalf of or in connection with those companies) without MSB’s prior written consent; (f) reproduce or copy the Software or Publication (or part or
component thereof) in any form or by any means (graphic, electronic, mechanical or otherwise), including, but not limited to, photocopying, recording,
taping or storage on a database, retrieval system, or intranet or internet website without the prior written consent of MSB; (g) use the Software or
Publication to calculate or support the calculation of replacement costs or otherwise in connection with the furnishing of building permits by local, state
or federal government unless You receive prior written consent from MSB; (h) use the Software or Publication for cost segregation calculation, valuations
or reports unless You receive prior written consent from MSB; (i) translate, modify, reverse engineer, decompile or disassemble or attempt to reconstruct
or discover any source code, underlying ideas, algorithms, file formats, programming or interoperability interfaces of the Software or Publication by any
means whatsoever, or merge any part of the Software, Publication, MSB Data or MSB Proprietary Information into another program, copy or create derivative
works based on the Software, Publication, MSB Data or MSB Proprietary Information; or (j) use the MSB Data, Software, Publication or MSB Proprietary
Information as or produce as, evidence in any adjudicative proceeding within which MSB is not a named party other than as permitted in Section 17.
You shall not develop, reproduce or market any separate system or systems based on the Software or Publication (or any part or component thereof) or
related user documentation, or any data or software system contained within the Software, or on the MSB system.
2.2. In addition to any damages or remedies to which MSB is entitled for breach of this Agreement, for a breach of Section 2.1, the parties agree that MSB
shall be entitled to the following specific payments and an injunction against any acts which would result in a continued breach of Section 2.1:
2.2.1. For each act prohibited under Section 2.1(a), an amount equal to the greater of the total number of users at Your business times 115% of the license
fee MSB charges at the time of such breach for a single user license, or statutory damages.
2.2.2. For an action prohibited under Section 2.1(b), an amount equal to the greater of (a) MSB’s actual damages plus any profits You earned; or (b)
statutory damages.
2.2.3. For each act prohibited under Section 2.1(c), an amount equal to the total number of unlicensed parties having access to the Publication or Software
as a result of the acts described therein times 115% of the license fee MSB charged at the time of such breach, or statutory damages, whichever is greater.
2.2.4. For each act prohibited under Section 2.1(d), an amount equal to the value of any developments or derivative works made as part of the breach of
Section 2.1(d), or statutory damages, whichever is greater.
2.2.5. For each act prohibited under Section 2.1(e), an amount equal to 5% of the cumulative value of all properties for which cost estimates or valuations
were created as a result of the breach of Section 2.1(e), or statutory damages, whichever amount is the greater.
2.2.6. For each act prohibited under Section 2.1(f), an amount equal to the total number of copies of the Publication or Software times 115% of the license
fee MSB charged at the time of such breach, or statutory damages, whichever is greater.
2.2.7. For each act prohibited under Section 2.1(g), an amount equal to 5% of the cumulative value of all properties for which cost estimates or valuations
were created as part of the breach of Section 2.1(g), or statutory damages, whichever is greater.
2.2.8. For each act prohibited under 2.1(h), an amount equal to 5% of the of the cumulative value of all properties for which cost estimates or valuations
were created as part of the breach of section 2.1(h), or statutory damages, whichever is greater.
2.2.9. For each act prohibited under Section 2.1(i), an amount equal to the value of any developments or derivative works made as part of the breach of
Section 2.1(i), or statutory damages, whichever is greater.
2.2.10. For each act prohibited under Section 2.1(j), the amount in dispute in such litigation, the total of all amounts awarded in such litigation, or
statutory damages, whichever is greater.
In addition to the payments set out in this Section 2.2, interest shall be due to MSB on these payments. In particular, the payments shall become due
immediately upon breach of Section 2.1, and shall begin accruing interest, compounded monthly, at 2 percentage points over the Wall Street Journal Prime
Rate for each respective month for which interest is to be paid. In addition, You shall pay MSB all i) reasonable attorney’s fees and all costs (internal
or paid to third parties), and ii) all technical fees or costs (internal or paid to third parties) incurred by MSB to make a claim, or pursue damages or
injunctive relief as a result of a breach of this Agreement.
3. Audit. MSB shall have the right to audit Your use of the Software or Publication during the term of this License Agreement and for a
period of one (1) year after it expires. MSB reserves the right to conduct the audit itself, or to designate a third party to do so. You agree to maintain
sufficient records so that MSB can successfully perform the audit contemplated by this Section. MSB shall pay for each audit unless the audit reveals a
material breach of this Agreement by You, in which case the reasonable cost of the audit shall be paid by You. This Agreement must be retained as Your
proof of license granted by MSB.
4. Ownership. SwiftEstimator, the Software, Publications, MSB Data and MSB Proprietary Information, and all copies thereof, are subject to
protection under copyright law, patent law, trade secret law and other intellectual property laws of the United States, Canada and other jurisdictions. MSB
and its licensors exclusively own and retain all right, title and interest in and to the Software (including the media on which it is recorded, and all
subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist), Publication, MSB Data and MSB
Proprietary Information, including without limitation, all copyright, patent, trademark and trade secret rights. Except as stated in Section 2, this
Agreement does not grant You any intellectual property rights in the Software and MSB shall own all rights, title and interest in and to any modifications
made by You to the MSB Data, including without limitation, all copyright, patent, trademark and trade secret rights. You agree to protect all of MSB’s
copyrights and all other proprietary rights in the Software both during and after the term of this Agreement by using a reasonable degree of care to
prevent the unauthorized use and unauthorized disclosure of the Software. We shall own all data collected hereunder. We retain the right to use
non-personally identifiable information for statistical purposes, marketing analysis and related purposes. For the purposes of this Agreement,
“non-personally identifiable information” means data which has been aggregated to remove personal identifiers or that by itself does not identify a
specific person.
5. License. Not a Sale. This license is not a sale. This Agreement only gives You some rights to use the
Software or Publication. MSB reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the Software or
Publication only as expressly permitted in this Agreement. In doing so, You must comply with any technical limitations in the Software that only allow You
to use it in certain ways. You, and not MSB, shall obtain, maintain and operate, or cause to be obtained, maintained and operated at Your own expense, all
hardware, equipment and non-MSB software required to interface properly with the Software.
6. Confidentiality. The Software, Publication, MSB Data and MSB Proprietary Information are MSB’s confidential and proprietary information
and You will use at least the same care and precaution in protecting them as You use to protect Your own confidential information, and in no event less
than reasonable care, and cause Your employees and agents, if applicable, to do the same. You will not duplicate (other than as provided in Section 2) or
disclose any of MSB’s confidential and proprietary information to any third party. Your duty of confidentiality continues after termination of the
Agreement.
7. Payment. All services under this Agreement are billed to the credit card You provide and all payments are immediately due and payable.
You agree to pay by valid credit card (the “Payment Account”) the fixed and periodic charges and fees, applicable taxes, and other amounts incurred in
order to access SwiftEstimator. We reserve the right to increase charges and fees or to institute new charges or fees at any time, upon reasonable advance
notice communicated to You through this website or such other means as we may deem appropriate from time to time (including electronic or conventional
mail). Unless You terminate or cancel Your subscription before the relevant billing period begins, We will automatically charge Your Payment Account for
each activity. Each time You use SwiftEstimator, such use reaffirms Your agreement that we may charge Your Payment Account.
8. Subscription Data. You agree that all information provided by You to MSB, including but not limited to information required or
requested for subscription to SwiftEstimator, is true, accurate and complete information ("Subscription Data"). You agree to allow MSB to share Your
Subscription Data with third parties for the purpose of verifying the information You provide and billing Your Payment Account or otherwise charging Your
account; and enforcing this Agreement.
9. Privacy. We respect Your privacy. Please view the Privacy Policy here. We are not
responsible for maintaining the confidentiality of Your user account information. You must notify MSB immediately in the event of any known or suspected
unauthorized use of Your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your or anyone else’s
password or Payment Account information. You are responsible for paying any amounts billed to Your Payment Account by a third party which were not
authorized by You.
10. Term and Termination
10.1. We may terminate this Agreement at any time and without notice if (a) SwiftEstimator is no longer commercially available, (b) You fail to keep
current in Your payment obligations or (c) You otherwise fail to comply with any term of this Agreement, as amended from time to time.
10.2. You may cancel Your subscription by contacting Customer Service at 1-800-544-2678, or by such other means as We may provide from time to time. We
will attempt to process all cancellation requests in a reasonable amount of time after We receive such request.
10.3. If this Agreement and/or Your subscription and license to use SwiftEstimator is cancelled or terminated,
10.3.1. You agree that all fees and charges assessed by MSB are nonrefundable, including but not limited to the annual or monthly fees, if applicable, for
any month or portion thereof elapsed at termination (regardless of whether You logged onto the website or used SwiftEstimator during the elapsed time
period).
10.3.2. MSB may immediately deactivate Your user account and all related information and/or files in Your user account and/or bar any further access to
such information and/or files on the website (or part thereof) and/or SwiftEstimator.
10.3.3. Your license and right to use SwiftEstimator shall immediately cease and You shall make no further use of SwiftEstimator.
10.4. In the event of termination or cancellation, there is no right to reinstatement or reactivation. Any reinstatement or reactivation will require You
(a) to enter into a new license agreement, under the then applicable terms, conditions and fees, (b) to pay a new setup fee and annual fee, if applicable,
and (c) to pay any amounts due under the terminated or cancelled agreement.
11. Rights and Remedies. You understand and agree that the cancellation of Your subscription is Your sole right and remedy with respect to
any dispute with MSB including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or MSB’s enforcement or
application of this Agreement; (ii) any practice or policy of MSB’s; (iii) the content available through this website or any change in content provided
through the website or on SwiftEstimator; (iv) Your ability to access and/or use the website or SwiftEstimator; or (v) the amount or types of fees or
charges, surcharges, applicable taxes, or billing methods, or any change to the fees or charges, applicable taxes or billing methods.
12. Disclaimer of Warranties. By accessing and using SwiftEstimator, You acknowledge and agree that use of SwiftEstimator and the content
is entirely at Your own risk. THE SOFTWARE AND/OR PUBLICATION IS SUPPLIED BY MSB TO YOU ON AN “AS IS” BASIS. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO
THE ACCURACY OR CONTENT OF THE SOFTWARE AND/OR PUBLICATION, NOR DO WE WARRANT ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR DO WE GUARANTEE
THAT THE SOFTWARE AND/OR PUBLICATION WILL BE SECURE, ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SOFTWARE AND/OR PUBLICATION WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. If applicable law gives You implied warranties, guarantees or conditions despite these exclusions, those warranties,
guarantees or conditions will be limited to one year and Your remedies will be limited to the maximum extent allowed by Section 13.
13. Limitation of Liability. We obtain SwiftEstimator content from sources considered by MSB to be reliable, but the accuracy and
completeness of SwiftEstimator are not guaranteed. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOST PROFITS, CONSEQUENTIAL, SPECIAL,
INDIRECT, INCIDENTAL OR EXEMPLARY DAMAGES OR OTHER LOSSES, DAMAGES, OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY ERRORS OR OMISSIONS IN THE
SOFTWARE OR OTHERWISE UNDER THIS AGREEMENT (EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). In the event of errors or omissions in the
Software, MSB’s only liability will be to correct such errors when notified of their existence. Some states do not allow the exclusion or limitation of
indirect, special or consequential damages, but the above limitation shall apply to You to the extent permitted by law.
14. Indemnity. You agree to indemnify, defend and hold MSB, its officers, and affiliated companies harmless from any and all losses,
costs, damages, expenses, claims, demands or other liabilities, including legal fees and costs, arising from Your use of the Software and/or Publication,
or Your breach of this Agreement.
15. Export Compliance. The Software is subject to export laws and regulations. You must comply with all domestic and international export
laws and regulations that apply to the Software.
16. U.S. Government Restricted Rights. The Software or Publication is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by
the U.S. Government is subject to restrictions as set forth in DFARS 227.7202 or in FAR 52.227-19, or their successors as applicable. Software is provided
with restricted rights subject to subparagraphs (C) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 C.F.R. 52.227-19.
Software is classified as “Commercial Computer Software” and “Commercial Computer Documentation” developed at private expense, contains confidential
information and trade secrets of MSB and its licensors, and is subject to “Restricted Rights” as that term is defined in the Federal Acquisition
Regulations (“FARs”). Contractor/Manufacturer is MSB.
17. Legal Process. You agree that You will not disclose the Software or Publication to any third party without MSB’s prior approval. If
You are requested to disclose the Software or Publication to any third party, You will give MSB timely, prompt written notice of the request, and allow MSB
the opportunity to object to the disclosure, or seek a protective order, confidential treatment and/or other legal remedy prior to complying with the
request. Notwithstanding the foregoing, if ordered by a court of law or governing agency to disclose the Software or Publication or over MSB’s objection,
You shall only disclose that portion of the Software or Publication required to comply with the order and only for the duration required.
18. Non-Assignment. This Agreement is personal to You and You may not assign this Agreement or delegate Your obligations under this
Agreement without the prior written consent of MSB. Any purported assignment of rights or delegation of performance in violation of this section is void.
19. Breach. You acknowledge that a breach or threatened breach of the Agreement may, as determined by a court of competent jurisdiction,
result in irreparable and continuing damage to MSB for which monetary damages may not be sufficient, and agrees that MSB will be entitled to seek, in
addition to its other rights and remedies under this Agreement or at law, injunctive or other equitable relief without the necessity of posting a bond or
proving actual damages, and such further relief as may be proper from a court of competent jurisdiction. Nothing herein shall preclude MSB from pursuing
any action or other remedy for any breach or threatened breach of this Agreement, all of which remedies shall be cumulative. In the event that MSB prevails
in such action, MSB shall be entitled to recover from You reasonable attorney's fees incurred in connection therewith.
20. Force Majeure. MSB shall not be responsible for any failure or delay in performance under this Agreement due to causes beyond its
reasonable control, including without limitation, acts of God, fire, natural disaster, civil disturbances, mechanical or computer failure, legal
restrictions, terrorist activity, strike, war, or any other similar catastrophe. In such cases, performance by MSB of this Agreement shall be suspended
without liability for the period of delay reasonably attributable to such causes, including recovery time.
21. Governing Law. This Agreement shall be construed in accordance with and governed by the internal laws of the State of
California (without regard to its conflicts of laws principles), except as to copyright, trademark and patent matters which shall be governed by the laws
of the United States. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of
California, City of Los Angeles. The Agreement is not and will not be subject to the Uniform Computer Information Transactions Act (prepared by the
National Conference of Commissioners on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by
any jurisdiction. If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of
the remaining provisions shall not in any way be affected or impaired. The failure of either party to enforce a right available under this Agreement shall
not be deemed a waiver of the right. Paragraph headings are for convenience only and are not a part of this Agreement. This Agreement supersedes and
replaces any prior license You have been granted for the Software or Publication in its entirety.
If You have any questions concerning this Agreement, contact Contract Management at: Marshall & Swift/Boeckh, LLC, 10700 W Research Drive, Suite 200,
Wauwatosa, WI 53226. The customer support telephone number is (800)544-2678.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THE TERMS AND
CONDITIONS STATED HEREIN CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MSB AND SUPERSEDES ALL PROPOSALS, PRIOR OR
CONTEMPORANEOUS AGREEMENTS OR OTHER COMMUNICATIONS (ORAL OR WRITTEN) BETWEEN YOU AND MSB RELATING TO THE SUBJECT MATTER OR THIS AGREEMENT.
Created April 2016
Updated January 2020
