Conditions of Use

Appraisal.com Website Conditions of Use

Welcome to the Appraisal.com website. Appraisal.com requires that all visitors to our sites on the World Wide Web (the “Site”) adhere to the following Conditions of Use. Please read the Conditions of Use carefully. By accessing the Site, you indicate that you acknowledge and accept the Conditions of Use.

Privacy

Please review our Privacy Policy, which also applies to your visit to this Site.

Copyright

By visiting this Site, you understand and agree that all copyrights and trademarks will be respected.

All information and content included on this Site, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, is the property of ACI or its content or software suppliers and is protected by United States and international copyright laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any information from this Site without the express written consent of ACI and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through this Site for commercial or public purposes without the express written consent of ACI and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on this Site in any form or by any means whatsoever without the express written consent of ACI Such consent may be requested by contacting ACI at145 City Place, Palm Coast, Florida, 32137. Attn: Contracts Department.

Trademarks 

The trademarks, logos, service marks, graphics, and trade dress displayed on this Site are the intellectual property of ACI and other applicable parties that have licensed their property and/or material to ACI. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of ACI or a third party. You are prohibited from using any ACI or third-party trademarks or service marks noted on the Site for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web, without the express written permission of ACI or such third parties. If ACI grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits ACI.

License and Site Use 

ACI grants to you, the user, a limited license to access and make personal use of this Site; but you may not download (other than page caching) or modify it, or any portion of it, except with the express written consent of ACI. This license does not include any right to (i) resell or use this Site or its contents for any commercial purposes; (ii) collect and use any product listings, descriptions, or prices found on this Site; (iii) make any derivative use of this Site or its contents; (iv) download or copy account information found on this Site for the benefit of any individual or corporation; or (v) use data mining, robots, or similar data-gathering and extraction tools in connection with this Site or any information found on this Site. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without the express written consent of ACI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ACI or any third party without the express written consent of the applicable proprietary information owner. You may not use any metatags or any other “hidden text” using ACI’s name or trademarks or the Appraisal.com name without ACI’s express written consent. Any unauthorized use immediately terminates the limited license granted to you by ACI.

ACI grants to commercial web search engines a limited license to index this site by any manual or automated method and to display the titles of pages and brief excerpts from those pages as search results.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray ACI or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the ACI logo, the Appraisal.com logo, or any other proprietary graphic or trademark of ACI as part of such link without ACI’s express written permission. Nothing in this license shall confer on you or any third party any rights to or under any patent, copyright, or trademark of ACI or any third party.

Linked Internet Sites

Except as noted above, ACI expressly prohibits unauthorized hypertext links to the Site and the framing of any content available through the Site. ACI reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to and use of any other Internet sites linked to the Site is at the user’s own risk.

Although ACI maintains high standards regarding the protection of your privacy and personal data and information, linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmissions of personal data provisions, and other provisions that differ from the provisions provided on the Site. ACI is not responsible for examining or evaluating these provisions and expressly disclaims any and all liability related not only to such provisions, but also to any of the content found on any linked sites. You should carefully review both the privacy statements and the terms or conditions of use applying to any linked site.

Information You Provide

Should anyone visiting the Appraisal.com website respond to ACI by sending information, including data, questions, comments, or suggestions, such response shall be non confidential, and ACI shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute said information to others without limitation. Further, ACI shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

Disclaimer of Warranties and Limitation of Liability

ALL CONTENT, PRODUCTS, AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THIS SITE IS LINKED, ARE PROVIDED TO YOU BY ACI “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT PUBLISHED ON THIS SITE OR A LINKED SITE MAY CONTAIN TECHNICAL INACCURACIES OR ERRORS, INCLUDING TYPOGRAPHICAL ERRORS. ACI SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR SUCH ERRORS AND RESERVES THE RIGHT TO MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.

YOU AGREE THAT ACI WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF ACI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ACI OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPRAISAL.COM SITE AND LINKS.

THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. ACI CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED ACCESS TO THE SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY.

Indemnity 

You agree to defend, indemnify, and hold harmless ACI, together with its respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement; or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of ACI or third parties.

Changes to Conditions of Use 

ACI reserves the right to revise these Conditions of Use at any time. Users are deemed to be apprised of and bound by any changes.

Severability 

If any condition is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Violations of Conditions of Use 

ACI reserves the right to seek all remedies available at law and in equity for violations of these Conditions of Use, including the right to block access to this Site.

Access to Password-Secure Areas

ACI may restrict certain secure areas of this Site to authorized users and permit access to these secure areas only by the use of a confidential password. Unauthorized individuals attempting to access such areas of this Site are in explicit violation of these Conditions of Use and may be subject to prosecution and applicable damages.

Jurisdictional Issues and Applicable Law You acknowledge and agree that the laws of the State of New York without regard to conflict of law principles, and applicable federal law, will govern these Conditions of Use, your use of the Site, and any dispute of any kind that might arise between you and ACI in connection with the Site. Any action you, any third party, or ACI brings arising out of or in any way connected to this Site and/or these Conditions of Use shall be brought exclusively in either the state or federal courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts.