This Website and AppraisalSave, LLC services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any AppraisalSave services or properties such as websites or apps owned and operated by AppraisalSave, LLC (including but not limited to the AppraisalValult.net, Commercial appraisalsave.com, and/or AppraisalSaver.com website and apps) and collectively referred to herein as “AppraisalSave,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.appraisalsave.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on January 20, 2014.
AppraisalSave, LLC Services
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed appraisal professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. AppraisalSave, LLC does not endorse or recommend the services of any particular service professional. It is entirely up to you to evaluate a service professional’s qualifications, and to enter into a direct contract or otherwise reach agreement with a service professional. We do not guarantee or warrant any service professional’s performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of AppraisalSave, LLC, nor is AppraisalSave, LLC an agent of the service professionals.
Release from Damages or Claims. Should you have a dispute with any appraisal professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE AppraisalSave, LLC (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
Your Use Of AppraisalSave, LLC Services And Prohibited Uses
You acknowledge and agree that your use of AppraisalSave is for your personal use and not for advertising purposes. You may not use AppraisalSave to recreate or compete with AppraisalSave, to solicit or harass AppraisalSave service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to AppraisalSave, LLC for any such damages, and will indemnify AppraisalSave, LLC in the event of any third party claims against AppraisalSave, LLC based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any AppraisalSave, LLC products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by AppraisalSave, LLC in its sole discretion that you are misusing or attempting to misuse or circumvent the AppraisalSave, LLC services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, AppraisalSave, LLC reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
INFORMATION YOU PROVIDE TO US
Upon using AppraisalSave, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as reason for appraisal, home address, email and phone listings. Some of this information will be sent to your appraisal professional only after he has accepted your assignment. Your appraiser will need this information to complete your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your job, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with AppraisalSave, LLC and its partners and thus agree to be contacted by and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you may provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or AppraisalSave, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AppraisalSave, LLC has the right to refuse any current or future use of the AppraisalSave, LLC services (or any portion thereof) by you. You are responsible for any use of the AppraisalSave, LLC services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO APPRAISALSAVE, LLC AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO APPRAISALSAVE, LLC AND EACH APPRAISALSAVE, LLC SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF APPRAISALSAVE, LLC AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed appraisal professional, and while we have no obligation to you with regard to your relationship with a appraisal professional, the AppraisalSave, LLC resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of the appraisal process with a service professional who you learned about through the AppraisalSave, LLC Services. We may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the AppraisalSave, LLC resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
CALL RECORDING
You acknowledge and agree that AppraisalSave, LLC may monitor and/or record any telephone calls between you and AppraisalSave, LLC.
NOTE: AppraisalSave, LLC PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE AppraisalSave, LLC NETWORK, AND THEREFORE A SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, AppraisalSave, LLC CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. AppraisalSave, LLC IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL’S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
DISCLAIMER: AppraisalSave, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
LINKS TO THIRD PARTY SITES
The links in the AppraisalSave or apps will let you leave AppraisalSave Web site. The linked sites are not under the control of AppraisalSave, LLC and AppraisalSave, LLC is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. AppraisalSave, LLC is not responsible for webcasting or any other form of transmission received from any linked site. AppraisalSave, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AppraisalSave, LLC of the site.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AppraisalSave, LLC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE AppraisalSave, LLC SERVICES, IN CONNECTION WITH THE appraisalsave.com WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
GENERAL PROVISIONS
You acknowledge and agree that the AppraisalSave, LLC services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and AppraisalSave’s sole obligation to you or any third party for any claim arising out of your use of the AppraisalSave, LLC services or the AppraisalSave or apps, is that you are free to discontinue your use of the AppraisalSave, LLC services or the AppraisalSave or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AppraisalSave, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT AppraisalSave, LLC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF AppraisalSave, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of AppraisalSave, LLC successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of AppraisalSave, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. 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 AppraisalSave, LLC services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and AppraisalSave, LLC and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.