1. TERMS OF USE
Welcome to The Appraiser Consortium’s Terms of Use Agreement ("Agreement"). This is a legal contract between you and The Appraiser Consortium.

THIS AGREEMENT ESTABLISHES THE TERMS AND CONDITIONS TO WHICH YOU AGREE AND ARE SUBJECT WHEN ACCESSING OR USING ALL FOUR WEBSITES OF THE APPRAISER CONSORTIUM. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACCEPT ALL ASPECTS OF THIS AGREEMENT. EACH TIME THAT YOU ACCESS OR USE ANY OF THE APPRAISER CONSORTIUM WEBSITES (IE, APPRAISERCONSORTIUM.COM, APPRAISERFINDER.COM, APPRAISERBLOG.COM, AND THEAPPRAISERSTORE.COM: COLLECTIVELY, THE “SITES”), YOU RE-AFFIRM YOUR CONSENT TO THESE TERMS OF USE.

a. You are granted a nonexclusive, nontransferable, limited license to access and use the Sites in accordance with this Agreement.

b. All right, title, and interest (including all copyrights and other intellectual property rights) in The Appraiser Consortium (in both print and machine-readable forms) belong to The Appraiser Consortium.

c. The contents of The Appraiser Consortium, 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. You must receive express permission from The Appraiser Consortium if you (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 The Appraiser Consortium, which includes the information and software made available therein; (b) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes The Appraiser Consortium, except to the extent required in order for you to use The Appraiser Consortium in the manner expressly intended by The Appraiser Consortium; (c) export or re-export The Appraiser Consortium in violation of the export control laws and regulations of the United States of America; (d) the use of the Material on any other website or in a networked computer environment for any purpose.

e. If you violate the previous term or any other terms herein contained, The Appraiser Consortium shall have the right to recover damages from you in an amount equal to (1) three times The Appraiser Consortium's actual damages or (2) the maximum allowable under the law, whichever is more.

f. In that all data provided by The Appraiser Consortium is obtained from public records, and other outside sources, The Appraiser Consortium 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 The Appraiser Consortium and the third party owners of any websites accessible through hot links in The Appraiser Consortium, 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 hot links to The Appraiser Consortium from locations outside The Appraiser Consortium provided (a) you link only to the home page The Appraiser Consortium, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in The Appraiser Consortium, (c) you give The Appraiser Consortium timely notice of such link by sending an e-mail message using our contact form, and (d) you discontinue providing hot links to The Appraiser Consortium if notified by The Appraiser Consortium.

a. Information, products, software, services and features may be added to or withdrawn from the Site at The Appraiser Consortium's sole discretion, and The Appraiser Consortium otherwise be changed without notice.

b. The Appraiser Consortium contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by The Appraiser Consortium of the contents of such third-party Web sites. The Appraiser Consortium is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access the linked third-party Web sites, you do so at your own risk.

a. The Appraiser Consortium 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, The Appraiser Consortium 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.

b. The Appraiser Consortium reserves the right to modify or discontinue the site or any portion thereof with or without notice to any User.

c. The Appraiser Consortium reserves the right to refuse service to any potential or existing User or any other party for any reason and at any time.

d. The Appraiser Consortium shall not be liable to any User or other party should The Appraiser Consortium exercise its right to discontinue the site.

a. 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.

b. As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

c. 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.

a. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

i.  any errors in or omissions from The Appraiser Consortium,

ii. any third party websites or content therein directly or indirectly accessed through hot links in The Appraiser Consortium, including but not limited to any errors in or omissions therefrom,

iii. the unavailability or interruption of The Appraiser Consortium or any portion thereof,

iv. your use of The Appraiser Consortium (regardless of whether you received any assistance from any Covered Party),

v. the content of The Appraiser Consortium,

vi. any inaccuracies or mistakes obtained by public records or other outside sources, or

vii. any delay or failure in performance by The Appraiser Consortium or any Covered Party.

b. "Covered Party" means The Appraiser Consortium, its successors, representatives, principals, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses

a. You hereby represent and warrant that (a) any information you have provided to The Appraiser Consortium is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of The Appraiser Consortium, (c) you will comply at all times with this Agreement.

b. You will indemnify and hold harmless all Covered Parties 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 all Covered Parties 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 Covered Parties will survive the expiration or termination of this Agreement by you or any Covered 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 Covered Parties agree otherwise.

a. This Agreement may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; The Appraiser Consortium may change all other provisions immediately upon notice. Your access to The Appraiser Consortium may be terminated immediately upon notice to The Appraiser Consortium if any change is unacceptable. Continued use of The Appraiser Consortium following any change constitutes acceptance of the change.

b. The Appraiser Consortium or the User may terminate the subscription for access to The Appraiser Consortium. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The Appraiser Consortium may suspend or discontinue providing your access to The Appraiser Consortium without notice and pursue any other remedy legally available to you if you fail to comply with any of your obligations hereunder.

c. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in The Appraiser Consortium. 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 The Appraiser Consortium; or on the date received, if delivered in any other manner.

d. Users may not assign their rights or delegate their duties without the prior written consent of The Appraiser Consortium.

e. The Agreement shall be governed by and construed in accordance with all applicable California State and Federal laws. Both parties submit to jurisdiction in Santa Clara County, California.

g. Should any part of this Agreement be held invalid or unenforceable as written, that portion shall be reformed to reflect the original intentions of the contract and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of this Agreement be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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.