January 7, 2009 |
 |
HOMEAPPRAISING SERVICES, LLC - Terms of Use/Users Agreement
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE “HOMEAPPRAISING.COM”. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW, WHICH MAY INCLUDE COMPUTER SOFTWARE AND ASSOCIATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION. HOMEAPPRAISING SERVICES, LLC MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF THE WEBSITE “HOMEAPPRAISING.COM” WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE WEBSITE “HOMEAPPRAISING.COM” GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH THE WEBSITE “HOMEAPPRAISING.COM”.
Section 1. Use.
The website “HOMEAPPRAISING.COM” is licensed by HomeAppraising Services, LLC from the company HomeAppraising.com, LLC, a separate entity, and is a web portal based national referral service for real estate appraisers and the financial institutions, firms, and others with whom they conduct business. The website “HOMEAPPRAISING.COM” is provided solely for the use of current and potential HomeAppraising Services, LLC customers to interact with the website “HOMEAPPRAISING.COM” and its customers and may not be used by any other person or entity, or for any other purpose. Specifically, all order information, appraiser information, lender information as well as any other information on the site may only be used by current and potential HomeAppraising Services, LLC customers. The use of automated dial-in or inquiry devices to obtain information through the website “HOMEAPPRAISING.COM” is strictly prohibited. HomeAppraising Services, LLC does not accept ideas, concepts, or techniques for new services or products through the website “HOMEAPPRAISING.COM”. If such information is received, it will not be considered confidential and HomeAppraising Services, LLC will be deemed free to use, communicate and exploit such information in any manner it chooses.
The function of the website “HOMEAPPRAISING.COM” is to serve as a portal for posting service orders and linking clients to service providers. HomeAppraising Services, LLC is neither an agent of the firm ordering an appraisal, nor an agent of the appraiser providing the appraisal services. All agreements between the appraiser and the firm requesting the appraisal services are independent of the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC.
The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC is not involved in the relationship between the firm ordering the appraisal services and the appraiser fulfilling the order. Therefore, in the event that you have a claim with another user of the website “HOMEAPPRAISING.COM”, you release, indemnity and hold harmless the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC and its agents and employees from all claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Section 2. The website “HOMEAPPRAISING.COM” Registration.
You may choose to register with The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC registration to simplify your access to interactive features on the website “HOMEAPPRAISING.COM”. The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC registration currently provides you with access to http//www.homeappraising.com. In the future, HomeAppraising Services, LLC may add other features which may be accessed through The website “HOMEAPPRAISING.COM” registration. In such event, previously registered users will not be required to re-subscribe at the website “HOMEAPPRAISING.COM” registration.
By registering with the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC registration, You agree to provide accurate and current information about Yourself as prompted by the the website “HOMEAPPRAISING.COM” registration form and maintain and promptly update Your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or HomeAppraising Services, LLC has reasonable grounds to suspect that such information is inaccurate or not current, HomeAppraising Services, LLC has the right to suspend or terminate Your “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC registration.
By registering at the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC registration, you will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and you are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify HomeAppraising Services, LLC of any unauthorized use of Your User I.D. and Password, and (b) ensure that You exit from Your “HOMEAPPRAISING.COM” session at the end of each visit.
Section 3. Changes to THE WEBSITE “HOMEAPPRAISING.COM”.
The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.
Section 4. Term.
The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC may discontinue, suspend or modify the website “HOMEAPPRAISING.COM” at any time without notice, and HomeAppraising Services, LLC may block, terminate or suspend Your and any user's access to the website “HOMEAPPRAISING.COM” at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Section 5. Copyright/Ownership.
The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC and its Content are protected by United States and international copyright, trademark and other laws. © 2000-2007 HomeAppraising.com. All rights reserved. Specifically, the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC does not convey to anyone, through allowing access to the website “HOMEAPPRAISING.COM”, any ownership rights in the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC or in any Content appearing on or made available through the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC.
Section 6. Disclaimer of Warranty.
THE WEBSITE “HOMEAPPRAISING.COM” AND ITS CONTENT ARE PROVIDED "AS IS". THE WEBSITE “HOMEAPPRAISING.COM” AND HOMEAPPRAISING SERVICES, LLC AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE THE WEBSITE “HOMEAPPRAISING.COM” AND ITS CONTENT.
Section 7. Limitation of Liability.
USE OF THE WEBSITE “HOMEAPPRAISING.COM” AND ITS CONTENT IS AT YOUR SOLE RISK. THE WEBSITE “HOMEAPPRAISING.COM” AND HOMEAPPRAISING SERVICES, LLC WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE THE WEBSITE “HOMEAPPRAISING.COM” AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED THE WEBSITE “HOMEAPPRAISING.COM” AND HOMEAPPRAISING SERVICES, LLC OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to indemnify and hold harmless The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC and its respective partners, officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or viewing of the website “HOMEAPPRAISING.COM” and its Content.
Section 9. Links to other web sites.
There are links on the website “HOMEAPPRAISING.COM” site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by the website “HOMEAPPRAISING.COM” and/or HomeAppraising Services, LLC. The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. The website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 10. Privacy Policy.
Click here to access the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC Privacy Policy governing the use of information acquired from You through the website “HOMEAPPRAISING.COM”.
Section11. Controlling Law and Severability.
This Agreement and Your use of the website “HOMEAPPRAISING.COM” is governed by and construed in accordance with the laws of the United States and the State of North Carolina, excluding its conflict of laws provisions. Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrary shall be filed and conducted exclusively in the District or County Courts of Mecklenburg County, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or HomeAppraising Services, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Mecklenburg County, North Carolina, necessary to protect the rights or property of you or the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC pending the completion of arbitration.
All costs and legal fees of the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC in any way associated with an arbitration or judicial action arising out of or relating to this agreement, whether such action is between HomeAppraising Services, LLC and yourself or a third party to whom you have supplied information derived from the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC, shall be paid by you if the basis of the dispute includes, and it is ultimately determined that you or the information you supplied were a contributing cause to the loss or damage resulting. If a determination is made that HomeAppraising Services, LLC and you were both contributing causes to the loss or damages resulting, the arbiter shall determine what percentage of the losses or damages were the result of your actions, and in such case, you shall pay this percentage of HomeAppraising Services, LLC’s costs and legal fees associated with the action.
Any cause of action with respect to the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Mecklenburg County, North Carolina. This Agreement may not be changed or modified without the written consent of HomeAppraising Services, LLC.
This Agreement shall be governed by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina. If any provision of this agreement is held to be invalid or unenforceable such provision shall be struck and the remaining provisions shall be enforced. Section headings are for informational purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breeches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Section 12. Disclosures.
The services referred to in this Agreement as the website “HOMEAPPRAISING.COM” and www.homeappraising.com are offered by HomeAppraising Services, LLC located at 318 Ridgewood Avenue, Charlotte, NC, 28209.
Section 13. Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the website www.homeappraising.com, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Section 14. Appraisal and Floor Plan Fees.
The website "HOMEAPPRAISING.COM" and HomeAppraising Services, LLC reserves the right to modify any and all fees listed on the website, including "Appraisal and Floor Plan Fees", at any time and without notice. Users of the site will be obligated to accept those fees as listed at the time of the service request regardless of the time period at which they became a member/user of the website.
*Any person or entity who joins the website "HOMEAPPRAISING.COM" as an appraisal service provider, job seeker or other member type, understands and agrees to the fact that any and all "Appraisal and Floor Plan Fees" listed at the time of the start of their membership, are subject to change throughtout the course of their membership term. "Appraisal and Floor Plan Fees" at the time of becoming a member are not guaranteed to remain at those amounts, for any period of time whatsoever, and may be modified or changed at any time at the sole discretion of the website "HOMEAPPRAISING.COM" and HomeAppraising Services, LLC, and therefore should not be a consideration when determining whether or not to become a member.
Section 15. Reservation of Rights.
All Rights Not Expressly Granted Herein are Reserved by the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC including but not limited to, all rights of the website “HOMEAPPRAISING.COM” and HomeAppraising Services, LLC, as protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.