These are the
Terms of Use between you and LocateAppraisers.com. Please read these terms
before accessing or using the www.locateappraisers.com website,
LocateAppraisers.com will provide its services to you only upon your acceptance
of this Agreement.
THESE ARE THE
TERMS AND CONDITIONS TO WHICH YOU AGREE AND ARE SUBJECT WHEN ACCESSING OR USING
LOCATEAPPRAISERS.COM SITE. BY PROCEEDING WITH A REGISTRATION YOU ARE ACCEPTING
THESE TERMS AND EACH TIME YOU ACCESS OR USE THE LOCATEAPPRAISERS.COM WEBSITE,
YOU RE-AFFIRM YOUR CONSENT TO THE THEN-EXISTING TERMS OF USE.
USE OF SITE
You are granted a nonexclusive, nontransferable, limited
license to access and use the Site in accordance with this document.
All right, title, and
interest (including all copyrights and other intellectual property rights) in
LocateAppraisers.com (in both print and machine-readable forms) belong to
LocateAppraisers.com, LLC. You acquire no proprietary interest in
LocateAppraisers.com.
There is no
relationship between any websites accessible through hot links, 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 LocateAppraisers.com from locations outside LocateAppraisers.com
provided you give LocateAppraisers.com timely notice of such link by sending an
e-mail message to webmaster@LocateAppraisers.com and (d) you discontinue
providing hot links to LocateAppraisers.com if notified by LocateAppraisers.com.
LOCATEAPPRAISERS.COM WEBSITE SERVICE
Information,
products, software, services and features may be added to or withdrawn from the
Site at LocateAppraisers.com's sole discretion, and LocateAppraisers.com
otherwise be changed without notice. LocateAppraisers.com contains links to
third party Web sites as a convenience to you and not as an endorsement by
LocateAppraisers.com of the contents of such third-party Web sites.
LocateAppraisers.com is not responsible for the content of these 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.
LocateAppraisers.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, LocateAppraisers.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. LocateAppraisers.com reserves
the right to modify or discontinue the site or any portion thereof with or
without notice to any User. LocateAppraisers.com shall not be liable to any User
or other party should LocateAppraisers.com exercise its right to discontinue the
site.
LocateAppraisers.com
assumes no liability for the payment to you from anyone who has contacted you
through LocateAppraisers.com for cancelled orders.
As a condition of using
LocateAppraisers.com, you hereby release LocateAppraisers.com, its staff, its
officers, its affiliates and its clients from any liability above and beyond the
agreed upon fee for any appraisal order. In the event that you file suit against
LocateAppraisers.com, its staff, its officers, its clients and/or its
affiliates, you agree to pay 100% of the legal fees incurred by the opposing
party to defend themselves, if the opposing party prevails.
THE WEBSITE
IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND
LOCATEAPPRAISERS.COM AND EACH THIRD PARTY SUPPLIER EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MEMBER APPRAISERS
As a member
appraiser you will submit and maintain true, current and complete information
about yourself for the Appraiser Profile. This includes the licensing and
regulatory requirements applicable to each state you list your profile under.
This membership is not transferable, will will also read the Privacy Policy and
understand that passwords should not be given to anyone.
Also, you
will not take any action that may undermine the integrity of the Customer
Reviews, including, without limitation: leaving positive feedback for yourself
using secondary accounts or third parties. LocateAppraisers.com reserves the
right to terminate the membership of any Appraiser whose negative feedback
rating falls below a minimum level set by LocateAppraisers.com at its sole
discretion. You will not use your rating or profile in any fraudulent manner
including impersonating another person. You may only use the Customer reviews
for marketing puposes with the express written permission from
LocateAppraisers.com
LocateAppraisers.com is completely independent
from you. You and LocateAppraisers.com are not engaged in any agency,
partnership, joint venture, employee-employer, franchisee-franchiser or other
type of relationship
any agency,
partnership, joint venture, employee-employer, franchisee-franchiser or other
type of relationship and no such relationship(s) are intended nor created by
this Agreement.
REFUND
POLICY
LocateAppraisers.com
will refund members 100% so long as LocateAppraisers.com is notified in writing
within 30 days of registration.
PAYMENT
By selecting
submit on the member registration page, you agree to allow
LocateAppraisers.com to charge the credit card entered on the member profile
page in the billing information section. Unless you provide written notice to
LocateAppraisers.com of your desire to cancel, your membership in the
LocateAppraisers.com will automatically renew each year on the anniversary date
of your initial sign-up and may be cancelled by LocateAppraisers.com at any
time. You authorize LocateAppraisers.com to charge your supplied credit card for
your annual membership charges each year on (or about) the anniversary of your
initial sign-up. Failure by you to make use of your account and/or update your
contact information does not constitute cancellation of your account. You will
be liable for all charges associated with maintaining an active account until
the later of the (i) end of the current annual membership period or (ii) the
date of receipt by LocateAppraisers.com of your written notice of cancellation
of membership, sent by receipt-requested delivery method.
SITE USERS
By using
LocateAppraisers.com, you as a Real Estate Agent, Mortgage Broker, Mortgage
Lender or other user represent, warrant and agree that you understand that
LocateAppraisers.com does not conduct comprehensive audits of Appraisers'
Profiles or other information that has been submitted by the Appraisers; You will not use any service provided by
LocateAppraisers.com in a fraudulent manner or to impersonate or portray another
person or entity, to communicate under a false name or name you are not
authorized to use. LocateAppraisers.com is completely independent from you. You
and LocateAppraisers.com are not engaged in any agency, partnership, joint
venture, employee-employer, franchisee-franchiser or other type of relationship
and no such relationship(s) are intended nor created.
LIMITATION
OF LIABILITY
LocateAppraisers.com,
its successors, representatives, principals, employees, agents, administrators,
attorneys, affiliated corporations, parent corporations, subsidiaries, assigns,
and licenses 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 using
this website including; any errors in or omissions from LocateAppraisers.com,
any third party
websites or content therein directly or indirectly accessed through hot links in
LocateAppraisers.com, including but not limited to any errors in or omissions
therefrom,
the unavailability or
interruption of LocateAppraisers.com or any portion thereof, your use of
LocateAppraisers.com
the content of
LocateAppraisers.com.
Registration
and certain other information about you is subject to our Privacy Policy. Please
review this policy.=
USER REPRESENTATIONS; INDEMNIFICATION
You hereby represent and warrant that (a) any
information you have provided to LocateAppraisers.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 LocateAppraisers.com, (c) you will comply at all
times with these terms. You
will indemnify and hold harmless all at LocateAppraisers.com 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 at
LocateAppraisers.com 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 will survive the expiration or termination of your relationship with
LocateAppraisers.com You shall pay for the defense, including costs and/or
attorneys' fees, of any such third party action arising as described herein
unless agreed otherwise.
MISCELLANEOUS
These terms
may change from time to time. Charges and payment terms may be changed in
accordance with your applicable price schedule; LocateAppraisers.com may change
all other provisions immediately upon notice. Your access to
LocateAppraisers.com may be terminated immediately upon notice to
LocateAppraisers.com if any change is unacceptable. Continued use of
LocateAppraisers.com following any change constitutes acceptance of the change.
LocateAppraisers.com
or the User may terminate the membership for access to LocateAppraisers.com.
LocateAppraisers.com may suspend or discontinue providing your access to
LocateAppraisers.com without notice and pursue any other remedy legally
available to you if you fail to comply with any of your obligations including,
Users assigning
assigning their rights without the prior written consent of LocateAppraisers.com.
LocateAppraisers.com
is a Colorado Limited Liability Company, as such, any legal concerns will be
governed by the State of Colorado.