Terms of Use

Terms of Use

AGREEMENT BETWEEN CLIENT/USER AND AppraisalPro

Your request for our appraisal service, and our subsequent acceptance, constitute an agreement by both parties to the following:

A written appraisal using the standard requested form format for the purpose of estimating Market Value or other Lending Purposes
One original report with original photographs & signatures complete with data, assumptions, definitions, calculations and opinions in support of the final value conclusion. (delivered by e-mail in PDF format or other format as required)
Each accepted appraisal assignment assumes that the lender/client has read, understands, and agrees to the Statement of Limiting Conditions and Appraiser’s Certification (attached to each report on FNMA Form1004); and to the standard definition of market value (also on form 1004).
AppraisalPro shall make every effort to complete the assignment within a reasonable and competitive time frame. However, if a specific time frame is needed please advise us of that at the time the appraisal assignment is placed. If the time frame you request is not practical or feasible for us, we will advise you of that prior to accepting the assignment. We take pride in providing a high quality of service, however unforeseen delays may occur that are beyond the control of the appraiser. They may include: incomplete information provided at the time of assignment, slow responses by contacts for verification of market data, severe weather conditions, or missed appointments by the person with whom the inspection appointment was set. AppraisalPro will communicate any such delays to the client promptly.

CANCELLATION:

Cancellation fees are a flat $25 for orders cancelled AFTER 12 hours of order placement

CREDIT TERMS:

Our Credit terms are as follows: Due upon receipt of report with maximum grace period of 30 days. Payment received after the 30 day grace period will be assessed a 24% per annum (2% monthly) on any unpaid balance. If Collection becomes necessary on delinquent accounts, the cost of collection (including attorney’s fees and/or collection agency fees) is the responsibility of the client and will be added to the outstanding balance due. The Authorized Individual of this Engagement Agreement is personally responsible for all fees, late fees and collection agency fees. Any check issued which is returned to AppraisalPro unpaid or marked NSF shall be charged an additional $25 “NSF” fee.

NO CONTINGENT PAYMENTS:

Payment is not contingent upon closing of a mortgage loan or the closing of any real estate transaction. Payment is also not contingent upon obtaining a certain value. Payment is due upon the completion of the assignment.

PAYMENT METHOD

All Appraisals are C.O.D. or Credit Card Online unless prior billing arrangements have been made.
(if BILL LENDER: lender agrees to pay for appraisal within thirty (30) of receipt of appraisal, and will pay for appraisal if loan does not close/fund. Lender further agrees that payments after 60 days will include a $25 late fee and understands that all nonpayment will be forwarded to collections and/or appropriate business agency).

WEBSITE

The AppraisalPro Web Site and AppraisalPro services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AppraisalPro Web Site and Services constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

AppraisalPro reserves the right to change the terms, conditions, and notices under which the AppraisalPro Web Site is offered, including but not limited to the charges associated with the use of the AppraisalPro Web Site.

LINKS TO THIRD PARTY SITES

The AppraisalPro Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of AppraisalPro and AppraisalPro is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

AppraisalPro is not responsible for web-casting or any other form of transmission received from any Linked Site. AppraisalPro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AppraisalPro of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the AppraisalPro Web Site, you warrant to AppraisalPro that you will not use the AppraisalPro Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AppraisalPro Web Site in any manner which could damage, disable, overburden, or impair the AppraisalPro Web Site or interfere with any other party’s use and enjoyment of the AppraisalPro Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AppraisalPro Web Sites.

USE OF COMMUNICATION SERVICES

The AppraisalPro Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

AppraisalPro has no obligation to monitor the Communication Services. However, AppraisalPro reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AppraisalPro reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

AppraisalPro reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AppraisalPro’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AppraisalPro does not control or endorse the content, messages or information found in any Communication Service and, therefore, AppraisalPro specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AppraisalPro spokespersons, and their views do not necessarily reflect those of AppraisalPro.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO AppraisalPro OR POSTED AT ANY AppraisalPro WEB SITE

AppraisalPro does not claim ownership of the materials you provide to AppraisalPro(including feedback and suggestions) or post, upload, input or submit to any AppraisalPro Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AppraisalPro, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. AppraisalPro is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AppraisalPro sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AppraisalPro WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AppraisalPro AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AppraisalPro WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AppraisalPro WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

AppraisalPro AND/OR ITS Vendor/SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AppraisalPro WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AppraisalPro AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AppraisalPro AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AppraisalPro WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AppraisalPro WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AppraisalPro WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AppraisalPro WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AppraisalPro OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AppraisalPro WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AppraisalPro WEB SITE.

Client agrees that AppraisalPro is acting as a third party management platform and is only responsible for the following:

obtaining vendors using a nationwide network of vendors
managing the order placement and retrieval process
In this capacity AppraisalPro acts as a third party , independent facilitator , and is in no way liable for the opinions of value or methodology’s used in obtaining those value opinions by vendors. In any event where a vendors value opinion is called into question, the Client agrees that the Vendor shall be responsible, and will hold AppraisalPro harmless in the transaction.

TERMINATION/ACCESS RESTRICTION

AppraisalPro reserves the right, in its sole discretion, to terminate your access to the AppraisalPro Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Forsyth County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the AppraisalPro Web Site. Use of the AppraisalPro Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AppraisalPro as a result of this agreement or use of the AppraisalPro Web Site. AppraisalPro’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AppraisalPro’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AppraisalPro Web Site or information provided to or gathered by AppraisalPro with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AppraisalPro with respect to the AppraisalPro Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AppraisalPro with respect to the AppraisalPro Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the AppraisalPro Web Site are: Copyright 2012 AppraisalPro and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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