Terms of Use Agreement
- TERMS & CONDITIONS OF USE
THIS AGREEMENT ESTABLISHES THE TERMS AND CONDITIONS TO WHICH YOU AGREE AND ARE SUBJECT WHEN ACCESSING OR USING APPRAISERFINDER.COM. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACCEPT ALL ASPECTS OF THIS AGREEMENT. YOU RE-AFFIRM YOUR CONSENT TO THESE TERMS OF USE EACH TIME THAT YOU ACCESS OR USE ANY PORTIN OF THE APPRAISERFINDER.COM WEB SITE. - USE OF MATERIAL
- You are granted a nonexclusive, nontransferable, limited license to access and use the Sites in accordance with this Agreement.
- All right, title, and interest (including all copyrights and other intellectual property rights) in AppraiserFinder.com (in both print and machine-readable forms) belong to AppraiserFinder.com.
- The contents of AppraiserFinder.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.
- You must receive express permission from AppraiserFinder.com 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 AppraiserFinder.com, which includes the information and software made available therein; (b) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes AppraiserFinder.com, except to the extent required in order for you to use AppraiserFinder.com in the manner expressly intended by AppraiserFinder.com; (c) export or re-export AppraiserFinder.com 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.
- If you violate the previous term or any other terms herein contained, AppraiserFinder.com shall have the right to recover damages from you in an amount equal to (1) three times AppraiserFinder.com's actual damages or (2) the maximum allowable under the law, whichever is more.
- In that all data provided by AppraiserFinder.com is obtained from public records, and other outside sources, AppraiserFinder.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.
- There is not necessarily a relationship between AppraiserFinder.com and the third party owners of any websites accessible through hot links in AppraiserFinder.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.
- You may provide hot links to AppraiserFinder.com from locations outside AppraiserFinder.com provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in AppraiserFinder.com, (b) you give AppraiserFinder.com timely notice of such link by sending an e-mail message using our contact form, and (c) you discontinue providing hot links to AppraiserFinder.com if notified by AppraiserFinder.com.
- ACCESS TO APPRAISERFINDER.COM
- Information, products, software, services and features may be added to or withdrawn from the Site at AppraiserFinder.com's sole discretion, and AppraiserFinder.com can otherwise be changed without notice.
- AppraiserFinder.com contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by AppraiserFinder.com of the contents of such third-party Web sites. AppraiserFinder.com 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.
- MODIFICATION OR DISCONTINUATION OF SERVICE
- AppraiserFinder.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.
- AppraiserFinder.com reserves the right to modify or discontinue the site or any portion thereof with or without notice to any User.
- AppraiserFinder.com reserves the right to refuse service to any potential or existing User or any other party for any reason and at any time.
- AppraiserFinder.com shall not be liable to any User or other party should AppraiserFinder.com exercise its right to discontinue the site.
- SYSTEM INTEGRITY
- 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.
- As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- 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.
- LIMITATION OF LIABILITY
- 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:
- any errors in or omissions from AppraiserFinder.com,
- any third party websites or content therein directly or indirectly accessed through hot links in AppraiserFinder.com, including but not limited to any errors in or omissions wherefrom,
- the unavailability or interruption of AppraiserFinder.com or any portion thereof,
- your use of AppraiserFinder.com (regardless of whether you received any assistance from any Covered Party),
- the content of AppraiserFinder.com,
- any inaccuracies or mistakes obtained by public records or other outside sources, or
- any delay or failure in performance by AppraiserFinder.com or any Covered Party.
- "Covered Party" means AppraiserFinder.com, its successors, representatives, principals, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees.
- 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:
- USER REPRESENTATIONS; INDEMNIFICATION
- You hereby represent and warrant that (a) any information you have provided to AppraiserFinder.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 AppraiserFinder.com, (c) you will comply at all times with this Agreement.
- 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.
- 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.
- THE APPRAISERFINDER.COM PAYMENT POLICY
This Agreement includes policies related to payment for services which include, but are not limited to: membership dues, banner spaces, appraisal management services, et al.
- MEMBERSHIP DUES: For all membership orders that require fees - as defined at time of signup – the fees are to be collected using Authorize.net secure gateway service at time of signup. Membership dues are annual; renewal payments are due before the renewal date, unless User chooses to cancel his membership prior to the renewal date. There are no refunds for membership dues or their associated services such as banner spaces.
- APPRAISAL FEES: All appraisals ordered directly from AppraiserFinder.com are considered to be C.O.D. unless noted, agreed to, and specified in advance. All appraisal fee balances unpaid, and that have no prior arrangement, are due immediately upon receipt/delivery of appraisal report.
- CONSULTING FEES: Any appraisal consulting work done by appraisers directly through AppraiserFinder.com is done on an “Independent Contractor” basis only. Fees are paid to the consulting appraiser after: (a) satisfactory delivery of the contracted services; and, (b) payment has been received from the Client and cleared with Client’s bank. Payments for consulting fees are made on the first and fifteenth of each month and IRS Form 1099 is generated and mailed to contractors after the end of each calendar year.
- PAYMENT FOR CANCELLED APPRAISAL ORDERS: Any stop work request may be done by phone or in writing by the Client. Once a stop work request has been placed with AppraiserFinder.com the balance of the payments made to date over an above work completed will be refunded based upon our hourly rate of $100 per hour.
- OUTSTANDING BALANCES: Any remaining unpaid balances past the due date will accrue interest charges at a rate 3% per month until the balance is fully paid.
- CREDIT TERMS FOR APPRAISAL ORDERS: All clients who wish to be provided 15-day or 30-days credit are required to complete a credit application request form which may be requested via email. Clients, who exceed their credit allocation, may apply for an increased credit line, subject to a previous credit history of having satisfied all remaining balances in accordance with their existing credit agreement. If clients exceed their credit limit, without satisfying the full amount due, then all subsequent orders from that client will be by necessity become C.O.D. orders, until all over-due balances are paid in full.
- PAYMENT OF APPRAISAL FEES FROM ESCROW: Clients who wish to pay for appraisals from Close-of-Escrow funds are required to submit the request on separate letterhead. The letter should state that they, the client are fully responsible for the entire appraisal fee upon demand, (including the additional Close-of-Escrow fee) should escrow not materialize as planned. AppraiserFinder.com will require further documentation that a demand has been placed in escrow to directly pay AppraiserFinder.com as planned. Close of escrow fees are as follows: $75 for the first thirty days or less, and $50 for each subsequent 30-day or less period that the appraisal fee remains in escrow.
- APPRAISAL FEE SCHEDULE AND PREMIUMS: Premium Pricing: Premiums may be added to the base pricing based upon the following parameters: size of the improvements, remote locations, number of buildings, number of tenants, courier delivery, high dollar property, FHA, VA, SBA, size of lot, and overall complexity to be determined by AppraiserFinder.com after order has been placed, but before client acceptance of the fee and delivery terms as quoted by AppraiserFinder.com.
- SERVICES ORDERED FROM MEMBERS DIRECTLY: Appraisal services, or any other services, ordered from AppraiserFinder.com members directly, without using AppraiserFinder.com “Order Work Flow” system, are subject to the terms and conditions agreed to by the User and the member provider. AppraiserFinder.com provides no expressed or implied warranty of such services and accepts no responsibility or liability for such services. User agrees to hold AppraiserFinder.com harmless in the event that any dispute arises from the engagement of such services, whether for reason of fees and payments, or for any other cause.
- THE APPRAISERFINDER.COM PRIVACY STATEMENT
Registration and certain other information about you are subject to our Privacy Statement. For information, please review our full policy provided at the bottom of this page. If you have any questions or concerns about the Privacy Statement, the practices of this site, or your dealings with this website, please contact us using the form provided at the Site. - MISCELLANEOUS
- 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; AppraiserFinder.com may change all other provisions immediately upon notice. Your access to AppraiserFinder.com may be terminated immediately upon notice to AppraiserFinder.com if any change is unacceptable. Continued use of AppraiserFinder.com following any change constitutes acceptance of the change.
- AppraiserFinder.com or the User may terminate the subscription for access to AppraiserFinder.com. 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. AppraiserFinder.com may suspend or discontinue providing your access to AppraiserFinder.com without notice and pursue any other remedy legally available to you if you fail to comply with any of your obligations hereunder.
- Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in AppraiserFinder.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 AppraiserFinder.com; or on the date received, if delivered in any other manner.
- Users may not assign their rights or delegate their duties without the prior written consent of AppraiserFinder.com.
- 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, USA.
- 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.
- 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.
Privacy Statement
AppraiserFinder.com is committed to protecting user privacy online. We believe that strong electronic privacy is crucial for the ongoing success of the Internet. We pledge to give you as much control as possible over your personal information. We will not disclose individually identifiable information about you to any third party without your express permission.
AppraiserFinder.com is a GoDaddy.com™ Secure Site
The GoDaddy Secure Site Program provides assurance to visitors of participating web sites that any confidential information submitted thereon has been secured. You may therefore submit credit card and other sensitive data to AppraiserFinder.com with the assurance that:
AppraiserFinder.com is an Authorize.net™ Merchant
The Authorize.net Merchant Program provides assurance to users of Merchant web sites that any confidential payment information that you submit, such as credit card, bank account, or other sensitive data is:
AppraiserFinder.com is a GoDaddy.com™ Secure Site
The GoDaddy Secure Site Program provides assurance to visitors of participating web sites that any confidential information submitted thereon has been secured. You may therefore submit credit card and other sensitive data to AppraiserFinder.com with the assurance that:
- This site has a GoDaddy Secure Server ID.
- This site legitimately runs under the auspices of THE APPRAISERFINDER.COM.
AppraiserFinder.com is an Authorize.net™ Merchant
The Authorize.net Merchant Program provides assurance to users of Merchant web sites that any confidential payment information that you submit, such as credit card, bank account, or other sensitive data is:
- Submitted to Authorize.net through a Secure Server ID and not retained within AppraiserFinder.com system.
- The Merchant name AppraiserFinder.com is legitimate and is one authorized to accept payments from you.
- Information We Collect
IP Address
The Company's Web site logs IP addresses for system administration purposes. Your IP address can help us diagnose problems with our server and track a user's session to give us an idea of which parts of our site users are visiting. In addition, we track system information, such as the type of browser you are using, your operating system, and the referring IP address. - Registration
A significant amount of the site is available without registration, but in order to take advantage of some of its features, you must register and create a member account. The Company's online registration form requires you to provide your full name, e-mail address, postal code, and password. Other registration information may be required or be optional based upon the membership level used to register. - Credit Card Data
AppraiserFinder.com does not retain or store credit card information without your request and consent. Any credit card information we retain, at your request, is encrypted and securely held by our Merchant Services Provider only. - Usage
As you interact with our web site, your usage patterns are logged anonymously. Our access logs tell us whether you searched or browsed to find information and what searches you used. We also log whether or not your searches were successful and what subject areas you visited. The access logs use your IP address only. - Marketing by Email, Fax and Telephone
AppraiserFinder.com regularly sends email, fax transmissions and telephone calls to our users. By using our site, you agree to allow us to send you marketing messages. You may opt out of this paragraph of the Agreement at any time (and therefore prevent AppraiserFinder.com from sending you additional marketing messages) by contacting AppraiserFinder.com through the contact page at any of the Sites. If you take the previously mentioned action, we will not send you any more marketing messages. We will never send you unsolicited messages. From time to time, AppraiserFinder.com does purchase mailing lists. However, we take considerable and reasonable precautions to make certain that the names and addresses on the lists that we buy have "opted in" to receive marketing messages from the organizations that have created these lists and from the affiliates and partners of these organizations. - Third-Party Advertising Services
We may use an outside advertising company to display ads on our site. These ads may contain cookies. While we do not use cookies in other parts of our website, cookies received with banner ads are collected by our advertising company, and we may not have access to this information. - Gramm Leach Bliley Title V (GLB)
AppraiserFinder.com makes significant efforts to keep all appraisal-related data confidential in compliance with the Gramm Leach Bliley act, Title V. We will not disclose confidential appraisal and/or mortgage data to any third party without the written permission of the rightful owner of that data. Furthermore, our staff and contractors have all entered into written contracts with AppraiserFinder.com to keep this data confidential. - Uniform Standards of Professional Appraisal Practice (USPAP)
AppraiserFinder.com makes significant efforts to keep all appraisal-related data confidential in compliance with the then current version of the Uniform Standards of Professional Appraisal Practice (USPAP) as published by The Appraisal Foundation. We will not disclose confidential appraisal data to any third party without the written permission of the rightful owner of that data. Furthermore, our staff and contractors have all entered into written contracts with AppraiserFinder.com to keep this data confidential. Appraisals ordered through AppraiserFinder.com are treated as a contract between the ordering party and the appraiser completing the work. AppraiserFinder.com is an agent for the ordering party and the appraiser. We will not release a copy of an appraisal you have ordered through AppraiserFinder.com to any third party (INCLUDING the homeowner or borrower) without the written permission of the ordering party. - Our Use of Your Information
The majority of the information we collect is analyzed anonymously so that we can improve our services. One of our goals is to create an interactive learning system. To that end, we use our usage data to study how users seek information. Any personally identifiable information about you is used to improve your individual experience on our Web site. This information is held in strictest confidence and is not shared outside of the Company except as specifically described in this statement. We will, with your permission, use your data to deliver information that is targeted to your interests, such as e-mail about promotions or targeted banners. If necessary, we will use your information to contact you. - Information Distribution
The Company will never willfully disclose personally identifiable information to a third party for marketing or other use. Member information is published to the AppraiserFinder.com directory pages in a predefined format. Any use of this published information made by a third party cannot be controlled by AppraiserFinder.com. Users acknowledge their assent to publication of said information within the Terms of Use Agreement found above. - Reviewing and Changing Your Information
You can review and change any of the personal information you provided by logging into your account and changing your “Profile” information under the “Settings” menu link. - Security
We use industry-standard efforts to safeguard the confidentiality of all information, regardless of whether it identifies you or not. Our security may include use of firewalls, secure socket layers, and encryption. Your password is a component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately. - Third Party Collectors of Information
Our Privacy Statement only addresses the use and disclosure of information we collect from you. Any information you disclose to a third party, such as other users, advertisers, affiliates, vendors, or our co-branded partners (such as "Powered By" partners) is subject to that party's Privacy Statement. We encourage you to ask questions before you disclose your personal information to others. AppraiserFinder.com is not responsible for the privacy practices or the content of such websites. - General
This Privacy Statement is subject to the terms and conditions of our Terms of Use Agreement. If you have any questions or concerns about this privacy statement, the practices of this site, or your dealings with this website, please contact us using the form provided at the Site.
