1. AGREEMENT BETWEEN USER AND EPPRAISAL.COM
THIS SITE AND ITS ANCILLARY MARKETING PRODUCTS IS OFFERED TO THE USER CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. YOUR USE OF THIS SITE AND EPPRAISAL.COM’S ANCILLARY MARKETING PRODUCTS CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL SUCH TERMS, CONDITIONS AND NOTICES.
2. USE OF TERMS
In this Agreement,
a. "Eppraisal.com," the Internet service operating real estate data services, this website and related marketing products.
b. The "Site" and the "Website" refer to the website www.eppraisal.com.
c. "Appraiser" means a licensed real estate appraiser, appraisal company or similar appraisal professional.
d. "Agent" or "Real Estate Agent" means a real estate broker, salesperson, agent, broker associate or similarly licensed real estate professional.
e. "Homeowner" means a person who owns a residence and may be considering its sale or a person who is actively interested in purchasing a home.
f. "Other" refers to persons other than Appraisers, Real Estate Agents, and Homeowners, including but not limited to attorneys, paralegals, mortgage brokers, mortgage lenders, financial institutions and other entities and individuals.
g. "User" means any user of the Eppraisal.com site or ancillary marketing products and services, including but not limited to Appraisers, Real Estate Agents, Homeowners, and Others.
h. "You" refers to any User of the Site or ancillary marketing products and services.
3. USE Limitations
a. This site and Eppraisal’s ancillary marketing products are for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any information, products or services obtained from this site or ancillary marketing products without expressed written permission from Eppraisal.com.
b. The content available through this site and ancillary marketing products is the sole property of Eppraisal.com or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Eppraisal-owned content received through this Site or ancillary marketing products may be used only for personal non-commercial purposes.
c. The contents of Eppraisal.com and its ancillary marketing products, 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. Without first obtaining expressed written permission from Eppraisal.com, you may not (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 Eppraisal.com or its ancillary marketing products, which includes the information and software made available therein; (b) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes Eppraisal.com or its ancillary marketing products, except to the extent required in order for you to use Eppraisal.com or its ancillary marketing products in the manner expressly intended by Eppraisal.com; (c) export or re-export Eppraisal.com or its ancillary marketing products in violation of the export control laws and regulations of the United States of America; or (d) use of the Material on any other website or in a networked computer environment for any purpose. Please contact Eppraisal.com regarding these or related matters.
e. If you violate the previous term or any other term herein contained, Eppraisal.com shall have the right to recover damages from you in an amount equal to (3) three times Eppraisal.com's damages or the maximum allowable under the law, whichever is less.
f. In that all data provided by Eppraisal.com or its ancillary products is obtained from public records, and other outside sources, Eppraisal.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.
g. There is not necessarily a relationship between Eppraisal.com and its ancillary marketing products and the third-party owners of any websites accessible through links in Eppraisal.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.
h. You may provide links to Eppraisal.com from locations outside Eppraisal.com provided (a) you link only to the home page www.Eppraisal.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in Eppraisal.com or its ancillary marketing products, (c) you give Eppraisal.com timely notice of such link and (d) you discontinue providing links to Eppraisal.com if notified to do so by Eppraisal.com.
i. 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 or Eppraisal’s ancillary marketing products.
j. As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
k. As a User, no refunds will be issued for any Eppraisal.com or ancillary marketing products or services that have been purchased and delivered. If a service is cancelled by the User during the contracted term of service, the service will be valid and available through the end of the term paid for and contracted to.
l. As a User, you are limited to a maximum of 1,000 API calls per month for all ancillary products or services that are contracted to with Eppraisal.com.
m. 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.
n. By using our services, you agree to receive text messages from eppraisal.com or our clients regarding home valuations, updates, offers and marketing materials. Message frequency may vary. Standard messaging and data rates may apply. To opt-out, reply "STOP" or contact eppraisal.com.
4. CHANGES; DISCONTINUANCE
a. Information, products, software, services and features may be added to or withdrawn from the Site or Eppraisal's ancillary marketing products at its discretion.
b. Eppraisal.com reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the services after the effective date of such changes will constitute acceptance of and agreement to any such changes.
c. Eppraisal.com may suspend or discontinue the services at any time to you and/or to others, without notice.
d. Eppraisal.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site or those services 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, Eppraisal.com will notify its users in advance by posting a message on the Site and/or sending an e-mail notice to registered clients’ and members' e-mail addresses.
e. Eppraisal.com shall not be liable to any User or other party should Eppraisal.com exercise its right to discontinue the site or its ancillary marketing products.
5. HOMEOWNERS
a. By using Eppraisal.com or its ancillary marketing products, you as a Homeowner represent, warrant and agree that:
i. You are of legal age and are otherwise capable of forming a legally binding contract;
ii. You understand that Eppraisal.com does not conduct comprehensive auditing of the information obtained from County Records;
b. You may not use this Site or its ancillary marketing products for any purpose that is unlawful or prohibited. Furthermore, you recognize that fraudulent use(s) of any service provided by Eppraisal.com may subject you to liability.
6. DISCLAIMER
a. The services are provided “AS IS” without warranty of any kind, either express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.
b. Eppraisal.com does not represent or warrant that the services are complete or free from error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in the service, whether such errors or omissions result from negligence, accident or other cause.
c. In no event shall Eppraisal.com be liable for any events beyond its direct control, nor shall Eppraisal be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or Eppraisal’s ancillary marketing products or with the delay or inability to use this Site or said products, or for any information, products and services obtained through this Site, or otherwise arising out of the use of this Site or said products, whether based in contract, tort, strict liability or otherwise, even if Eppraisal has been advised of the possibility of damages.
d. We are not responsible for any communications you may receive from third parties, and to be removed from a third-party company’s database, you must contact them directly.
e. All valuations are automated based upon data in the public record. Eppraisal does not warrant or represent any third party will accept the legitimacy of eppraisal values on reports.
7. LIMITATIONS ON AUTOMATED VALUATION MODELS
a. Automated Valuation Models “AVM” do not constitute an appraisal of the subject property.
b. AVMs should not be relied upon in lieu of an appraisal or underwriting process. The estimated eppraisal valuation report is based on a proprietary AVM that is based upon data collected from public record sources.
c. The accuracy of the methodology used to develop the reports, the existence of the subject property, and the accuracy of the predicted value and all rule sets provided are estimates based on available data and are not guaranteed or warranted.
d. The condition of the subject property and current market conditions can greatly affect the validity of Automated Valuation Models.
e. Any valuation Model generated does not include physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal.
8. USER REPRESENTATIONS; INDEMNIFICATION
a. You hereby represent and warrant that (a) any information you have provided to Eppraisal.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 Eppraisal.com and its ancillary marketing products, (c) you will comply at all times with this Agreement.
b. You will indemnify and hold harmless Eppraisal.com, its successors, representatives, principals, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses 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 Eppraisal.com, its successors, representatives, principals, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses 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 aforementioned parties will survive the expiration or termination of this Agreement by you or any aforementioned 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 aforementioned parties agree otherwise.
9. PRIVACY STATEMENT
a. Registration and certain other information about you is subject to our Privacy Statement. For information, please review our full policy at privacy statement.
10. CHOICE OF LAW; DISPUTES
a. These Terms of Use are governed by the laws of the State of Florida, without giving effect to its conflict of laws provisions. You hereby consent to the personal jurisdiction and venue of an appropriate court located in Orange County, Florida, in all disputes arising out of or relating to the services and/or these Terms of Use.
11. GENERAL
a. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
b. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
c. Eppraisal.com may assign this Agreement, in whole or in part, at any time with or without notice to you.
d. This Agreement constitutes the entire agreement between the user and Eppraisal.com with respect to the services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Eppraisal.com with respect to the services.
e. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in Eppraisal.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 Eppraisal.com; or on the date received, if delivered in any other manner.
f. Users may not assign their rights or delegate their duties without the prior written consent of Eppraisal.com.
g. Each third-party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary.
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.
i. Any rights not expressly granted herein are reserved.
