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Eppraisal.com API Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

This is a legal agreement between you and the entity owning the URL which you entered in the registration process (collectively referred to as "you") and Eppraisal.com, Inc. ("Eppraisal”).  By accessing and using the Eppraisal.com Application Programming Interface (the “API”) you explicitly agree to comply with and be bound by the following terms and conditions (the "API Terms of Use"). Eppraisal may change the API Terms of Use at any time. Please review the API Terms of Use periodically for changes.

I.       Services. The Eppraisal API allows pre-approved licensees to retrieve certain data regarding real estate information, including property values, comparables and other tools and resources ("Eppraisal Data") on Eppraisal.com. Eppraisal reserves the right to modify or discontinue the Eppraisal Data or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Eppraisal shall not be liable to you or any third party should Eppraisal exercise its right to modify or discontinue the Eppraisal Data, API or any part of either.

II.     Copyright And License. You are granted a limited, non-sublicensable right to access the API. Commercial Use of the Eppraisal Data is prohibited unless approved in advance in writing by Eppraisal. “Commercial Use” is defined as charging end users for access to the Eppraisal Data and/or selling the data to third parties. Eppraisal reserves the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the API.

This license is subject to the following restrictions:

    1. You may not use the API in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, gambling items, professional services regulated by state licensing regimes, or any illegal purpose;
    2. You may not use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these API Terms of Use;
    3. You agree that you will provide the Eppraisal Data to users “as is", with disclaimers substantially equivalent to those set forth in Section XV.
    4. You agree to keep the API confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license. You may not sell, lease, share, transfer, or sublicense the API or access or access codes thereto or derive income from the use or provision of the API, except as permitted herein, whether for direct commercial or monetary gain or otherwise, without Eppraisal's prior, express, written permission;
    5. You acknowledge that Eppraisal may monitor any API activity for the purpose of ensuring quality, improving Eppraisal Data and services, and ensuring compliance with these API Terms and Conditions. You shall not try to interfere with such monitoring or otherwise obscure from Eppraisal your API activity.
    6. You may not use the API in a product or service that competes with products or services offered by Eppraisal.
    7. You are limited to one thousand (1000) API calls to Eppraisal servers per day. Eppraisal may approve higher daily call limits upon passing Eppraisal review.
    8. You may not retain any copies of the Eppraisal Data. Your license to Eppraisal Data is limited to making up to 1000 direct server calls to Eppraisal per day for the Eppraisal Data and to distributing the Eppraisal Data to your end user on your Web site(s), immediately upon receipt by your servers.
    9. You may not present the Eppraisal Data (or permit the Eppraisal Data to be presented) so that it appears to be available from a third party Web site.
    10. You may not use the Eppraisal Data for direct marketing (i.e., mailing) or telemarketing lists without crediting Eppraisal according to the attribution requirements outlined in Section XV;
    11. You may not separately extract and provide or otherwise use data elements from the Eppraisal Data to enhance the data files of third parties.
    12. You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the API or any data provided by Eppraisal.
    13. If you become aware that any user of the API is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use and the Eppraisal Attribution Requirements (the "Applicable Terms"), then you agree to notify Eppraisal promptly of such breach by e-mail to [email protected], and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of Eppraisal, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to Eppraisal or its licensors, or (b) assign any of your applicable rights to permit Eppraisal or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the API.

III.   Trademarks and Service Marks. The Eppraisal name, logo(s) and links to Eppraisal.com are copyrighted with all rights reserved. You are granted a limited, non-sublicensable right to access the API for your personal, non-commercial, and informational use only. You agree to use the API in accordance with the Eppraisal API Attribution Requirements set forth below. We reserve the right, without notice and in our sole discretion, to terminate your license to use the API, and to block or prevent future access to and use of the API.

IV.  Acceptable Use. You agree not to use the Eppraisal API, Eppraisal Data, or Eppraisal brand in any way that is unlawful, or harms Eppraisal, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 13 below, Eppraisal may terminate your use of the API, Eppraisal Data and Eppraisal brand if and when Eppraisal determines, in its sole discretion, that your use is inappropriate.

V.    Limited Relationship. You and Eppraisal are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the API, you agree not make any other public statements that assert or imply any other relationship with Eppraisal, unless you have Eppraisal's prior written approval.

VI.  Non-Exclusive. This Agreement is a non-exclusive Agreement. You acknowledge that Eppraisal may be developing and develop products or services that may compete with the API or any other products or services.

VII.     Termination. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Eppraisal reserves the right to terminate this Agreement or discontinue the API or any portion or feature thereof for any or no reason and at any time with no liability to you. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using the APIor distributing Eppraisal Data

VIII.   Indemnity. You agree to hold harmless and indemnify Eppraisal, and its subsidiaries, affiliates, officers, agents, parent companies, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users' use of the API or Eppraisal Data, use of Eppraisal brand other than as set forth in the Eppraisal Attribution Requirements, violation of these API Terms of Use or other actions connected with the use of Eppraisal’s services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Eppraisal will provide you with written notice of such claim, suit or action.

IX.       NO WARRANTIES. THE EPPRAISAL.COM WEBSITE, THE EPPRAISAL DATA, AND THE API ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

X.    LIABILITY LIMITATION. IN NO EVENT SHALL EPPRAISAL, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE EPPRAISAL API OR EPPRAISAL DATA, THE EPPRAISAL DATA OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XI.  Intellectual Property. The API, Eppraisal Data, and the Eppraisal Brand are the property of Eppraisal, and subject to the intellectual property rights of Eppraisal and its licensors.

XII.     Modification. Eppraisal may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.

XIII.   Termination. Eppraisal may change, suspend or discontinue the API and suspend or terminate your use of the API, Eppraisal Data, and/or Eppraisal brand at any time for any reason, without notice. You may also terminate by ceasing to use the API, Eppraisal Data, and Eppraisal brand, removing implementation of the API from your Web site(s), and deleting all copies of the Eppraisal Data and Eppraisal brand.

XIV.  Choice Of Law, Waiver, And Claims . These API Terms of Use shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Eppraisal's failure to exercise or enforce any right or provision of the API Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected herein, and the other provisions of these Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the API must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XV.    Eppraisal Attribution Requirements. To comply with the API Terms of Use, you must display attribution on your web site or client application if API content or Eppraisal Data are served from your website or client application. Our attribution requirements are as follows:

                        A.          Eppraisal Logo. All input and output elements must be accompanied by an approved Eppraisal Logo that links directly to www.Eppraisal.com. Logos cannot be resized or edited in any fashion. If Eppraisal Data is used in alternative media formats, equivalent attribution must be given to Eppraisal. Prior written consent from Eppraisal is required to use Eppraisal Data without attribution.

Eppraisal

                        B.          Linking. When using the API, you must provide direct links to Eppraisal.com using the standard linking format on your site. Links should not have a "nofollow" attribute or prevent search engines from following the link.

                        C.          Disclaimer. When using the API you must provide the following text and link on all pages that contain Eppraisal Data:

© 2013 Eppraisal.com, Inc. Use is subject to http://www.eppraisal.com/TermsOfUse.aspx

XVI.  General. You represent that you have the authority to bind the organization (if any) identified in your application for the API. You agree not to export from anywhere any part of the API, Eppraisal Data, or Eppraisal brand provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the API, Eppraisal Data, or Eppraisal brand is provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Eppraisal may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your API Key to any third party. Eppraisal's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Eppraisal with respect to the API and supersede all prior or contemporaneous communications of any kind between you and Eppraisal with respect to the Eppraisal API, Eppraisal Data, or Eppraisal brand.