The andersonappraisal.com Website and network of websites (the “Site”, “Sites”, “Website” or “Websites”) are online information services and residential real estate valuation services access portals provided by Anderson Appraisal Services, Inc. (“We”, “Us” or “Our”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING OR REGISTERING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR WEBSITE OR REGISTER TO PARTICIPATE IN OUR SERVICES. THIS IS A BINDING CONTRACT.
1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) Registered Users’ receipt of, and participation in, Anderson Appraisal Services, Inc.’s Services offered through the Website, including those set out in Section 2 (Our Services) (collectively, the “Services“); (iii) Registered Users’ provision of content, including, but not limited to, appraisal requests, valuation information, market analytics and forecasts (“User Content“); and (iv) your use of information obtained through or the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Anderson Appraisal Services, Inc. or our licensors and made available to you through the Website or Services (collectively, the “Anderson Appraisal Services, Inc. Content“). Please read these Terms carefully; they impose legal obligations on you and on Anderson Appraisal Services, Inc., and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
You (the “Visitor”, “Customer” or “Registered User”) and Anderson Appraisal, each of whom may hereinafter be referred to as a “Party”, and collectively as the “Parties” hereby agree as follows
2. Our Services. The Website is designed to enable registered users (“customers”) to obtain residential real estate valuation services (collectively AVM’s, Evaluations, Appraisals, Analytics and Research in a variety of formats). The valuation services are provided by Anderson Appraisal, third-party appraisers, agents, brokers, and inspectors (each, a “Vendor”) who are part of Anderson Appraisal Services, Inc.’s Vendor network. Valuation products, services and associated documentation can be accessed by Customers via this website and affiliate sites. Each Registered User will be granted access to the Portal in accordance with Section 5.2 (Grant of Rights to Registered Users).
3. Obtaining a Password; Protecting Your Password. Only Registered Users who have a valid password are authorized to access the password-protected areas of the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any other inappropriate manner.
4. Ownership; Reservation of Rights. The Website, Services, and associated andersonappraisal.com Content are the proprietary property of Anderson Appraisal Services, Inc. and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Anderson Appraisal Services, Inc. and our licensors retain all rights with respect to the Site, Services and Anderson Appraisal.com Content except those expressly granted to you in these Terms.
5. Grant of Rights to Site Visitors and Registered Users.
5.1. Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, Anderson Appraisal Services, Inc. Content or Services without our express permission.
5.3. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 10 (Monitoring; Revocation or Suspension of Use Privileges).
6. Registered User Grant of Rights.
6.1. Grant of Rights to Anderson Appraisal Services, Inc. in User Content. By submitting User Content for participation in our Services, you grant Anderson Appraisal Services, Inc. the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. Unless otherwise expressly provided in a separate written agreement, no compensation will be paid with respect to Anderson Appraisal Services, Inc.’s use of your User Content.
6.2. Registered User Comments/Feedback. Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
6.3. Rights/Permissions You Must Have in Your User Content. In submitting User Content, you represent and warrant that you have sufficient authority and rights to post such User Content, and to provide the grant of rights to us.
8. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
a. Upload, email or otherwise transmit any images or other User Content that are unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
b. Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
c. Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
d. Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
e. Transmit materials that contain any viruses, Trojan horses, worms, logic bombs, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
f. Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
g. Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam.”
h. Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
i. Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
j. Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
10. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites“). Anderson Appraisal Services, Inc. has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Anderson Appraisal Services, Inc. does not endorse the content of any Linked Site, nor does Anderson Appraisal Services, Inc. warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
11. User Disputes. If you have a dispute with one or more Registered Users (including, but not limited to, other Vendors and Customers), you release Anderson Appraisal Services, Inc. (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
12. Disclaimer of Warranties.
12.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANDERSON APPRAISAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.3. ANDERSON APPRAISAL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE.
12.4. ANDERSON APPRAISAL DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE WILL BE CORRECTED; OR (e) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
12.6. ADDITIONAL DISCLAIMERS. You acknowledge and agree that projected market and financial information, conclusions and other information contained in Anderson Appraisal’s products and services (and/or Anderson Appraisal’s databases and analytical processes) are based upon tested methodologies for accuracy. However, such information and conclusions are not definitive forecasts, appraisals or opinions of valuations. All such information and conclusions are stated in terms of probability of likelihood based on market factors and information submitted to Anderson Appraisal, and such information and conclusions are not guaranteed by Anderson Appraisal and should not be construed as investment advice or relied upon for critical decision making. Anderson Appraisal uses or has used third party, public and confidential data and assumptions provided to Anderson Appraisal by third parties, and Anderson Appraisal has not independently verified the data and assumptions used in these analyses or data sets. Changes in the underlying data or operating assumptions, or any loss of access to any one or more sources will clearly impact the analyses, conclusions and appraisals.
13. Limitation of liability; Sole and Exclusive Remedy.
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANDERSON APPRAISAL, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
a. ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF ANDERSON APPRAISAL AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SITE.
13.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF ANDERSON APPRAISAL OR ANY OF THE RELATED PARTIES EXCEED TWO HUNDRED DOLLARS ($200).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Anderson Appraisal and the Related Parties shall be limited to the fullest extent permitted by law.
15. Release Regarding Third Parties. Anderson Appraisal is not responsible for third parties or their products and services, including, without limitation, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Anderson Appraisal hereby disclaims and you hereby discharge, waive and release Anderson Appraisal and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
16. Dispute Resolution and Arbitration
16.2 Binding Arbitration. If the parties are unable to resolve a Dispute through information negotiations, the Dispute (except those “Disputes” expressly provided below) will finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the commercial Arbitration Rules of the American Arbitration Association (“AAA”) and where appropriate, the AAA’s Supplementary Procedures for Consumer Related to Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of Arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to be excessive by the arbitrator, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through submission of documents, by phone or online. The arbitrator will make the decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Diego County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Diego County, California and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terns of Use.
In no event shall any Dispute brought by ether Party related in any way to the site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of the provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the parties agree to submit to the personal jurisdiction of that court.
16.3 Restrictions. The parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is not right or authority for and Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
16.4 Exceptions to Informal Negotiations and Arbitration
a. The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
b. This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Anderson Appraisal may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (b) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
17. Contact for Alleged Copyright Infringement. Anderson Appraisal Services, Inc. respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please contact us at: firstname.lastname@example.org
18. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
19. Assignment. These Terms shall not be assignable by you, either in whole or in part. Anderson Appraisal Services, Inc. reserves the right to assign its rights and obligations under these Terms.
21. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 7 (Electronic Communications); (iii) Section 11 (User Disputes); (iv) Section 12 (Disclaimer of Warranties); (v) Section 13 (Limitation of Liability); (vi) Section 14 (Indemnification); (vii) Section 15 (Release Regarding Third Parties); (viii) Section 19 (Assignment); (ix) Section 20 (General); and (x) Section 21 (Survival).
23. Reviews and Publicity.
23.1 Reviews You acknowledge and agree that by submitting a review to us, you grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute the review, in whole or in part. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review.
23.2 Guidelines for Reviews We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the reviews to be objectionable or inaccurate. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the subject being reviewed; (2) your reviews should not contain profanity or offensive, abusive, racist or hate language, discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability, or references to illegal activity; (3) you should not be affiliated with competitors if posting negative reviews; (4) you should not make any conclusions as to the legality of conduct; and (5) you may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.
23.3 Publicity. Anderson Appraisal may publicly disclose that Customer is a client of Anderson Appraisal and display Customer’s name and logo in connection with such disclosure.
24. Right to Refuse. You acknowledge that LegalZoom reserves the right to refuse service to anyone and to cancel user access at any time.
25. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with Anderson Appraisal Services, Inc., please contact us at: email@example.com.
26. Copyright and Legal Notice. Copyright © 2017 Anderson Appraisal Services, Inc. All Rights Reserved.
27. Effective Date. The effective date of these Terms is November 30, 2017.