1. ACCEPTANCE OF TERMS
Use of this website is governed by the terms and conditions described below. Please read them carefully. Your use of this website indicates your acceptance of these terms and conditions. Informed Appraiser reserves the right to make modifications to these Terms & Conditions of Use at any time and without notice to users. You accept the obligation to review these Terms & Conditions of Use prior to each use, and your use of this website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Use are referred to hereafter as the “Agreement”.
In addition, when using particular services owned or operated by Informed Appraiser, you and Informed Appraiser shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or are hereby incorporated by reference into the Agreement.
2. DESCRIPTION OF SERVICE
The term “Service” shall mean the Internet web pages, data, screens, and other information of any kind that are accessible through the Informed Appraiser website, which website is currently accessed through various URLs owned and operated by Informed Appraiser (including, but not limited to, those known asInformedAppraiser.com, InformedAppraiser.net, InformedAppraisers.com, and InformedAppraisers.net), as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. In addition, the meaning of “Service” shall include all correspondence, email, or data sent by Informed Appraiser personnel or agents.
You also understand and agree that the Service includes links to third-party websites, and may include third-party advertisements. You also understand and agree that the Service may include certain communications from Informed Appraiser, such as service announcements, administrative messages and various emails, which may include attachments. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Agreement. You understand and agree that the Service is provided "AS-IS" and that Informed Appraiser assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3.1 Proprietary Information.
User acknowledges and agrees that: (i) the Service, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Informed Appraiser and its third-party content providers (“Content Providers”), as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Informed Appraiser; (iii) the Proprietary Information is licensed, rather than sold, to User pursuant to this Agreement; and (iv) User has no rights in the Proprietary Information, other than the rights and licenses granted to User pursuant to this Agreement. Informed Appraiser may disclose additional information to User in the form of upgrades, documentation or other support during the term of this Agreement and User agrees that such information shall also be deemed Proprietary Information.
User hereby acknowledges that Informed Appraiser may disclose to User, as part of or in conjunction with Proprietary Information, valuable confidential information of Informed Appraiser. User agrees to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than User's employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, User agrees to use at least that degree of care which User uses to protect User’s own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by User by clear and convincing evidence, was in User’s possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by User without confidentiality limitations from a third party, or is disclosed publicly by Informed Appraiser without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.
3.3 Competitive Services.
User is prohibited from, and shall not, develop, market or sell any Competitive Service based on or derived in any way from Proprietary Information or from the benefits of know-how resulting from access to or work with Informed Appraiser's confidential information. The term “benefits of know how” means information in non-tangible form which may be retained by persons who have had access to the Confidential Information, including ideas, concepts, know how or techniques contained therein.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, orInformed Appraiser has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Informed Appraiser has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Informed Appraiser of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Informed Appraiser cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
7. USER CONDUCT
You understand that all information, data, text, messages, other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that you, and not Informed Appraiser, are entirely responsible for all Content that you make available via the Service. While submissions may be modified for tone or content, or rejected altogether, Informed Appraiser does not fully control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. While every effort is made to maintain a high standard of quality for the site Content, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Informed Appraiser 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 any Content made available via the Service.
You agree to not use the Service to:
- make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an Informed Appraiser official, falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in any areas that are designated for such purpose, should such areas exist;
- make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
You acknowledge that Informed Appraiser may or may not pre-screen Content, but that Informed Appraiser and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Informed Appraiser and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Informed Appraiser or submitted to Informed Appraiser.
You acknowledge, consent and agree that Informed Appraiser may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Informed Appraiser, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Informed Appraiser and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. INTERSTATE NATURE OF COMMUNICATIONS ON INFORMED APPRAISER NETWORK
When you register with Informed Appraiser, you acknowledge that in using Informed Appraiser services to send electronic communications (including but not limited to search queries, uploading data to Informed Appraiser, and other Internet activities), you will be causing communications to be sent through Informed Appraiser's computer networks, portions of which are located in New York and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Informed Appraiser’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local 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.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Informed Appraiser does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant Informed Appraiser the following worldwide, royalty-free and non-exclusive license:
- For all Content you submit or make available for inclusion on the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold Informed Appraiser and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Informed Appraiser User ID or password), use of the Service, or access to the Service. Unless otherwise agreed with Informed Appraiser in writing, your user ID and password is for the use of one and only person, you. Sharing a single user ID among more than one person, whether contemporaneously or at different times, constitutes a violation of these Terms and may result in the suspension or termination of the account involved.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Informed Appraiser may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Informed Appraiser has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Informed Appraiser reserves the right to log off accounts that are inactive for an extended period of time or exceed Informed Appraiser’s usage limits, which are determined at the sole discretion of Informed Appraiser. You further acknowledge that Informed Appraiser reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Informed Appraiser reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Informed Appraiser shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Informed Appraiser may, under certain circumstances and without prior notice, immediately terminate your Informed Appraiser account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the 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) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Informed Appraiser account includes (a) removal of access to all offerings within the 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 of further use of the Service. Further, you agree that all terminations for cause shall be made in Informed Appraiser's sole discretion and that Informed Appraiser shall not be liable to you or any third party for any termination of your account or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Informed Appraiser shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Informed Appraiser has no control over such sites and resources, you acknowledge and agree that Informed Appraiser is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Informed Appraiser shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. INFORMED APPRAISER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Informed Appraiser or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Informed Appraiser grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Informed Appraiser for use in accessing the Service. You agree not to access or copy any portion of the Service through any automated viewing and downloading systems.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFORMED APPRAISER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
- INFORMED APPRAISER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE 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 SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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 INFORMED APPRAISER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFORMED APPRAISER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INFORMED APPRAISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT INFORMED APPRAISER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LIABILITY WHATSOEVER IN AN AMOUNT GREATER THAN THE AMOUNT PAID BY YOU OR $100, WHICHEVER IS GREATER.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning investments or real estate transactions, please read the above Sections 18 and 19 again. They are especially relevant to you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for investing or real estate transaction purposes. Informed Appraiser and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any investment or real estate transaction decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
Informed Appraiser may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The Informed Appraiser and Informed Appraiser logo trademarks and service marks and other Informed Appraiser logos and product and service names are trademarks of Informed Appraiser (the "Informed Appraiser Marks"). Without Informed Appraiser's prior permission, you agree not to display or use in any manner the Informed Appraiser Marks.
25. ADHERENCE TO LOCAL, STATE, AND FEDERAL LAWS
You agree that you are solely responsible for your use of Informed Appraiser, including names, addresses, and telephone numbers. You agree that you are aware of any local, state, and federal laws regarding the use of such information, including but not limited to privacy, do-not-mail, and do-not-call statutes, and you shall observe all such laws. You agree to indemnify and hold Informed Appraiser and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless for any breach of such laws on your part.
26. GENERAL INFORMATION
26.1 Entire Agreement.
The Agreement constitutes the entire agreement between you and Informed Appraiser and governs your use of the Service, superseding any prior agreements between you and Informed Appraiser with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Informed Appraiser services, affiliate services, third-party content or third-party software.
26.2 Choice of Law and Forum.
The Agreement and the relationship between you and Informed Appraiser shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Informed Appraiser agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Rockland, New York.
26.3 Waiver and Severability of Terms.
The failure of Informed Appraiser to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
26.4 No Right of Survivorship and Non-Transferability.
You agree that your Informed Appraiser account is non-transferable and any rights to your Informed Appraiser ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
26.5 Statute of Limitations.
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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the Agreement to us at support@InformedAppraiser.com.