1. AGREEMENT BETWEEN USER AND EPPRAISAL.COM
THIS SITE IS OFFERED TO THE USER CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL SUCH TERMS, CONDITIONS AND NOTICES.
2. USE OF TERMS
In this Agreement,
a. "Eppraisal.com" means "Eppraisal.com, Inc.," the Internet service operated by Saris Technologies, , Inc., a Florida corporation.
b. The "Site" and the "Website" refer to the website www.eppraisal.com.
c. "Appraiser" means a licensed real estate appraiser, appraisal company or similar appraisal professional.
d. "Agent" or "Real Estate Agent" means a real estate broker, sales person, agent, broker associate or similarly licensed real estate professional.
e. "Homeowner" means a person who owns a residence and may be considering its sale or a person who is actively interested in purchasing a home.
f. "Other" refers to persons other than Appraisers, Real Estate Agents, and Homeowners, including but not limited to attorneys, paralegals, mortgage brokers, mortgage lenders, financial institutions and other entities and individuals.
g. "User" means any user of the Eppraisal.com service, including but not limited to Appraisers, Real Estate Agents, Homeowners, and Others.
h. "You" refers to any User of the Site.
3. USE Limitations
a. This site is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any information, products or services obtained from this site without expressed written permission from Eppraisal.com.
b. The content available through this site is the sole property of Eppraisal.com or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Eppraisal-owned content received through this Site may be used only for personal non-commercial purposes.
c. The contents of Eppraisal.com, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
d. Without first obtaining expressed written permission from Eppraisal.com, you may not (a) sell or modify the Material or reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, or create derivative works from Eppraisal.com, which includes the information and software made available therein; (b) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes Eppraisal.com, except to the extent required in order for you to use Eppraisal.com in the manner expressly intended by Eppraisal.com; (c) export or re-export Eppraisal.com in violation of the export control laws and regulations of the United States of America; or (d) use of the Material on any other website or in a networked computer environment for any purpose. Please contact Eppraisal.com regarding these or related matters at [email protected]
e. If you violate the previous term or any other term herein contained, Eppraisal.com shall have the right to recover damages from you in an amount equal to (3) three times Eppraisal.com's actual damages or the maximum allowable under the law, whichever is less.
f. In that all data provided by Eppraisal.com is obtained from public records, and other outside sources, Eppraisal.com has used its best efforts but does not make any representations that such data is accurate, and you use this data at your own risk.
g. There is not necessarily a relationship between Eppraisal.com and the third party owners of any websites accessible through links in Eppraisal.com, and those third party owners and their licensees retain all right, title and interest (including all copyrights and other intellectual property rights) in such third party websites and the materials available therein.
h. You may provide links to Eppraisal.com from locations outside Eppraisal.com provided (a) you link only to the home page www.Eppraisal.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in Eppraisal.com, (c) you give Eppraisal.com timely notice of such link and (d) you discontinue providing links to Eppraisal.com if notified to do so by Eppraisal.com.
i. As a User you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any service being performed by the Site.
j. As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
k. If you are issued a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose.
4. CHANGES; DISCONTINUANCE
a. Information, products, software, services and features may be added to or withdrawn from the Site at Eppraisal.com's sole discretion.
c. Eppraisal.com may suspend or discontinue the services at any time to you and/or to others, without notice.
d. Eppraisal.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors both inside and outside of our control. From time to time, system maintenance will be necessary, and, under such circumstances, Eppraisal.com will notify its users in advance by posting a message on the Site and/or sending an e-mail notice to registered members' e-mail addresses.
e. Eppraisal.com shall not be liable to any User or other party should Eppraisal.com exercise its right to discontinue the site.
a. By using Eppraisal.com, you as a Homeowner represent, warrant and agree that:
i. You are of legal age and are otherwise capable of forming a legally binding contract;
ii. You understand that Eppraisal.com does not conduct comprehensive auditing of the information submitted by appraisers;
b. You may not use this Site for any purpose that is unlawful or prohibited. Furthermore, you recognize that fraudulent use(s) of any service provided by Eppraisal.com may subject you to liability.
6. DIRECTORY LISTING ADVERTISERS
a. Eppraisal Professional Directory (the "Directory", "Pro Directory", "Directory Listings") is a service provided by Eppraisal.com to serve the advertising needs of local businesses. Business Owners who choose to sign up for the Directory will be bound by the Directory's applicable Terms of Service which can be found at: http://www.eppraisal.com/TermsProfessionalDirectory.aspx. Your listing and access to the Directory is subject to your agreement and compliance with applicable Terms of Service found at the above link.
a. The service is provided “AS IS” without warranty of any kind, either express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.
b. Eppraisal.com does not represent or warrant that the service is complete or free from error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in the service, whether such errors or omissions result from negligence, accident or other cause.
c. In no event shall Eppraisal.com be liable for any events beyond its direct control, nor shall Eppraisal be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for any information, products and services obtained through this Site, or otherwise arising out of the use of this Site, whether based in contract, tort, strict liability or otherwise, even if Eppraisal has been advised of the possibility of damages.
d. We are not responsible for any communications you may receive from third parties, and to be removed from a third party company’s database, you must contact them directly.
e. All valuations are automated based upon data in the public record. Eppraisal does not warrant or represent any third party will accept the legitimacy of eppraisal values on reports.
8. LIMITATIONS ON AUTOMATED VALUATION MODELS
a. Automated Valuation Models “AVM” do not constitute an appraisal of the subject property.
b. AVMs should not be relied upon in lieu of an appraisal or underwriting process. The estimated eppraisal valuation report is based on a proprietary AVM that is based upon data collected from public record sources.
c. The accuracy of the methodology used to develop the reports, the existence of the subject property, and the accuracy of the predicted value and all rule sets provided are estimates based on available data and are not guaranteed or warranted.
d. The condition of the subject property and current market conditions can greatly affect the validity of Automated Valuation Models.
e. Any valuation Model generated does not include physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal.
9. APPRAISAL ORDERS
a. Eppraisal.com routes appraisal orders to a third party licensed and certified appraiser, who has agreed to provide this service.
b. Eppraisal.com will provide your information to such appraiser and will charge your credit card for the fee noted on the order form.
c. The appraiser will provide you with the resulting appraisal form directly via mail and provide an electronic copy of the appraisal.
d. Eppraisal.com is completely independent of the appraiser and assumes no liability above the agreed upon fee for the services.
10. USER REPRESENTATIONS; INDEMNIFICATION
a. You hereby represent and warrant that (a) any information you have provided to Eppraisal.com is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of Eppraisal.com, (c) you will comply at all times with this Agreement.
b. You will indemnify and hold harmless Eppraisal.com, its successors, representatives, principals, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with activities and information which are performed, made, distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such activities and information.
c. You agree to defend Eppraisal.com, its successors, representatives, principals, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses against any cause of action or proceeding which arises in connection with any claim or proceeding due to, resulting from or arising in connection with activities and information which are performed, made, distributed, displayed, transmitted or published by you. Your obligation to indemnify the aforementioned parties will survive the expiration or termination of this Agreement by you or any aforementioned Party for any reason. You shall pay for the defense, including costs and/or attorneys' fees, of any such third party action arising as described herein unless the aforementioned parties agree otherwise.
11. PRIVACY STATEMENT
a. Registration and certain other information about you is subject to our Privacy Statement. For information, please review our full policy at privacy statement.
12. CHOICE OF LAW; DISPUTES
c. Eppraisal.com may assign this Agreement, in whole or in part, at any time with or without notice to you.
d. This Agreement constitutes the entire agreement between the user and Eppraisal.com with respect to the services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Eppraisal.com with respect to the services.
e. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in Eppraisal.com. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in Eppraisal.com; or on the date received, if delivered in any other manner.
f. Users may not assign their rights or delegate their duties without the prior written consent of Eppraisal.com.
g. Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
h. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
i. Any rights not expressly granted herein are reserved.