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User Agreement |
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Welcome to the User Agreement for AppraiserLoft Corporation. This agreement describes the terms on which you may access and use our services. In order to become a AppraiserLoft user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the AppraiserLoft service indicates your acceptance of the amended User Agreement. Description of Service AppraiserLoft is an online service offered to enable mortgage professionals and consumers to order appraisals for any home or building across the nation. Members will have access to order through our network of state certified appraisers. Membership Eligibility The AppraiserLoft Service is not available to minors under the age of 18 or to any users suspended or removed from the system by AppraiserLoft for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your AppraiserLoft account to another party. If you do not qualify, you may not use the AppraiserLoft Service. Use of Service Your use of the AppraiserLoft Service is governed by this User Agreement. AppraiserLoft may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify AppraiserLoft of any unauthorized use of your password or account or any other breach of security. AppraiserLoft cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Termination You agree that AppraiserLoft may, with or without cause, immediately terminate your AppraiserLoft account and access to the AppraiserLoft Service without prior notice. Without limiting the foregoing, the following will lead to a termination by AppraiserLoft of a user's use of the AppraiserLoft Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your AppraiserLoft account includes (a) removal of access to all offerings within the AppraiserLoft Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the AppraiserLoft Service. Further, you agree that all terminations shall be made in AppraiserLoft's sole discretion and that AppraiserLoft shall not be liable to you or any third-party for any termination of your account or access to the AppraiserLoft Service. User Conduct You understand and agree not to use AppraiserLoft to:
International Use Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Information Provided on this Website In the course of using the AppraiserLoft Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the AppraiserLoft website or otherwise providing materials to AppraiserLoft, you are granting to AppraiserLoft Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the AppraiserLoft service. Furthermore, you understand that AppraiserLoft retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the AppraiserLoft Service is the sole responsibility of the person from which such content originated and that AppraiserLoft will not be liable for any errors or omissions in any content. You understand that AppraiserLoft cannot guarantee the identity of any other users with whom you may interact in the course of using the AppraiserLoft Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe. Access to Service Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the AppraiserLoft website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. AppraiserLoft Communications In the course of providing you services, AppraiserLoft may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the AppraiserLoft Service, including a series of up to five welcome emails which help inform new users about various features of the AppraiserLoft Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the AppraiserLoft Service. Monitoring and Enforcement While we have the right to monitor activity and content associated with the AppraiserLoft Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the AppraiserLoft Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website. Fees Signing up for a AppraiserLoft account is free. Users will only pay when ordering an appraisal. Users are not bound to any contract other than any orders they have placed. Certain other services are provided for free only to beta users and some services are free to all users. AppraiserLoft reserves the right to charge for the AppraiserLoft Service or any portion thereof, modify the pricing of, add to, or discontinue the AppraiserLoft Service or any portion thereof without prior notice. Disclaimer of Warranties YOU UNDERSTAND AND AGREE THAT THE AppraiserLoft SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT AppraiserLoft DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. AppraiserLoft ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. AppraiserLoft EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AppraiserLoft MAKES NO WARRANTY THAT (i) THE AppraiserLoft SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AppraiserLoft SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AppraiserLoft SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AppraiserLoft SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AppraiserLoft SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AppraiserLoft OR THROUGH OR FROM THE AppraiserLoft SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Entire Agreement The User Agreement constitutes the entire agreement between you and AppraiserLoft and governs your use of the AppraiserLoft Service, superceding any prior agreements between you and AppraiserLoft. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT AppraiserLoft SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AppraiserLoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL AppraiserLoft'S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100. Governing Law The User Agreement between you and AppraiserLoft Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. General Information AppraiserLoft, the AppraiserLoft logo, and other AppraiserLoft logos and names are trademarks of AppraiserLoft Corporation. You agree not to display or use these trademarks in any manner without AppraiserLoft's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: help@appraiserLoft.com |
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