1. AGREEMENT BETWEEN USER AND EPPRAISAL.COM
THIS SITE, THE EPPRAISAL AI AGENT APPLICATION, AUTOMATED PROPERTY ESTIMATES, AND ITS ANCILLARY MARKETING PRODUCTS (COLLECTIVELY, THE "SERVICES") ARE OFFERED TO THE USER CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. YOUR USE OF THIS SITE AND EPPRAISAL.COM’S SERVICES CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL SUCH TERMS, CONDITIONS AND NOTICES. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS REGARDING THE SERVICES, INCLUDING THOSE PREVIOUSLY OFFERED UNDER THE EPPRAISAL BRAND.
2. USE OF TERMS
In this Agreement,
a. "Eppraisal.com," the Internet service operating real estate data services, this website, the AI Agent platform, and related B2C Automated Property Estimates.
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, salesperson, 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 site or ancillary marketing products and services, including but not limited to Appraisers, Real Estate Agents, Homeowners, and Others.
h. "You" refers to any User of the Site or ancillary marketing products and services.
i. "AI Agent" refers to the conversational reasoning engine that provides Automated Property Estimates and neighborhood analysis.
j. "Automated Property Estimates" refers to the AI-generated explanations, automated valuation models (AVM), and neighborhood context provided to translate raw data into plain English.
3. USE LIMITATIONS
a. This site and Eppraisal’s ancillary marketing products and AI Agent services are 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 or ancillary marketing products without expressed written permission from Eppraisal.com.
b. The content available through this site and ancillary marketing products 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 or ancillary marketing products may be used only for personal non-commercial purposes.
c. The contents of Eppraisal.com and its ancillary marketing products, 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 or its ancillary marketing products, 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 or its ancillary marketing products, except to the extent required in order for you to use Eppraisal.com or its ancillary marketing products in the manner expressly intended by Eppraisal.com; (c) export or re-export Eppraisal.com or its ancillary marketing products 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. Furthermore, automated scraping, bulk data extraction, or unauthorized API access to our AI Agent or Automated Property Estimates is strictly prohibited. Please contact Eppraisal.com regarding these or related matters.
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 damages or the maximum allowable under the law, whichever is less.
f. In that all data provided by Eppraisal.com or its ancillary products is obtained from public records, and other outside sources, Eppraisal.com does not warrant the accuracy of the data.
g. There is not necessarily a relationship between Eppraisal.com and its ancillary marketing products 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 or its ancillary marketing products, (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 or Eppraisal’s ancillary marketing products.
j. As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
k. As a User, no refunds will be issued for any Eppraisal.com, the AI Agent platform, or ancillary marketing products or services that have been purchased and delivered. If a service is cancelled by the User during the contracted term of service, the service will be valid and available through the end of the term paid for and contracted to.
l. 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. AI AGENT AND AUTOMATED PROPERTY ESTIMATES DISCLAIMER
a. The Eppraisal AI Agent provides qualitative reasoning and neighborhood analysis intended for informational purposes only. These insights represent automated interpretations of available data and do not constitute professional real estate, legal, or financial advice.
b. Automated Property Estimates regarding "neighborhood feel," "community dynamics," or "property potential" are subjective and generated by an AI reasoning engine. Users are encouraged to conduct independent physical inspections and consult with licensed professionals.
5. AUTOMATED VALUATION MODELS (AVM) AND AUTOMATED PROPERTY ESTIMATES
a. Not an Appraisal: Automated Valuation Models (AVM) and Automated Property Estimates generated by the Services do not constitute a professional appraisal. They should not be relied upon in lieu of a formal appraisal or underwriting process.
b. Data Accuracy: Automated Property Estimates are based on public records and third-party data. While eppraisal uses best efforts to ensure quality, we do not warrant that valuation data is accurate, complete, or reflective of current market fluctuations.
c. Automated Nature: All estimates are automated. Eppraisal does not warrant that any third party (including lenders or government agencies) will accept the legitimacy of these Automated Property Estimates.
6. AUTOMATED COMMUNICATIONS AND NURTURE SERIES
a. Consent to Contact: By providing your contact information and using the Services, you provide express written consent to receive automated communications, including emails and text messages (SMS), as part of our user nurture series and service delivery.
b. Message Content: These automated messages may include Automated Property Estimates, neighborhood reports, and marketing materials related to your property search.
c. Opt-Out: Message frequency varies. Standard data rates may apply. You may opt-out of text messages at any time by replying "STOP". You may unsubscribe from email communications using the link provided in the footer of any message.
7. CHANGES; DISCONTINUANCE
a. Eppraisal.com reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the services after the effective date of such changes will constitute acceptance of and agreement to any such changes.
b. We may modify, suspend, or discontinue any aspect of the AI Agent or Automated Property Estimates at any time, including the availability of specific qualitative features, without notice or liability.
8. LIABILITY DISCLAIMER
a. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EPPRAISAL.COM DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. IN NO EVENT SHALL EPPRAISAL.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE AI AGENT, DELAYS IN AUTOMATED SERVICE DELIVERY, OR RELIANCE ON AUTOMATED PROPERTY ESTIMATES OR AUTOMATED VALUATION MODELS (AVM).
c. 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.
d. 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.
9. HOMEOWNERS
a. By using Eppraisal.com or its ancillary marketing products, 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 obtained from County Records;
b. You may not use this Site or its ancillary marketing products 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.
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 and its ancillary marketing products, (c) you will comply at all times with this Agreement.
b. You agree to indemnify and hold harmless eppraisal.com, its officers, and employees from any claims, costs, or expenses (including attorney's fees) arising from your use of the Services, your violation of these terms, or your reliance on any Automated Valuation Model (AVM) or AI-generated content.
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
a. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You hereby consent to the personal jurisdiction and venue of an appropriate court located in San Francisco County, California, in all disputes arising out of or relating to the services and/or these Terms of Use.
13. GENERAL
a. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
b. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
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.