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Terms And Conditions
 
Terms And Conditions
 

 

1. ACCEPTANCE OF TERMS THROUGH USE

By using the AbcAppraiserDirectory.com web site (“Web Site” or "Site”) or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site, AbcAppraiserDirectory.com reserves the right to revise this Agreement. Your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. AbcAppraiserDirectory.com reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.

2. YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email AbcAppraiserDirectory.com with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.

3. LICENSE TO USE THIS SITE

Upon your agreement to this Agreement, AbcAppraiserDirectory.com hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of AbcAppraiserDirectory.com and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by AbcAppraiserDirectory.com, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

A. LICENSE RESTRICTIONS USE

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from AbcAppraiserDirectory.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

SECURITY

You agree that if you are issued a Username and Password by AbcAppraiserDirectory.com, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the AbcAppraiserDirectory.com immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

INTERNATIONAL USERS

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.

GOVERNMENT USE

If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.


4. USER'S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this site or communicate to AbcAppraiserDirectory.com, through this site (collectively “Submissions”) shall forever be the property of AbcAppraiserDirectory.com. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by AbcAppraiserDirectory.com. AbcAppraiserDirectory.com shall not treat any submission as confidential and hall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, AbcAppraiserDirectory.com. shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.

5. TRADEMARKS

AbcAppraiserDirectory.com, licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.

6. THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the AbcAppraiserDirectory.com, are not monitored or reviewed by AbcAppraiserDirectory.com, and AbcAppraiserDirectory.com is not aware of the contents of such sites. You acknowledge that AbcAppraiserDirectory.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by AbcAppraiserDirectory.com, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that AbcAppraiserDirectory.com and its licensors have no liability whatsoever from such third party sites and your usage of them.

7. NO APPRAISING ADVICE or APPRAISER-CLIENT RELATIONSHIP

Information contained on or made available through AbcAppraiserDirectory.com is not intended to and does not constitute appraising advice, or recommendations under any circumstance. Nothing submitted to this Web Site is treated as confidential. Provider does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk. Provider is not an appraisal firm and the Web Site is not an Appraisal Referral Service. Provider does not receive any portion of any appraiser’s or appraisal companies fees and any arrangements subsequently made by you and any appraiser or appraisal company are strictly between you and such party and do not involve Provider in any way.

8. LISTED APPRAISAL COMPANIES

The AbcAppraiserDirectory.com web site contains a searchable directory of Appraisers (or their companies). The Appraisers provide the information in the appraiser directory. AbcAppraiserDirectory.com does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Appraisers. The determination of the need for appraisal services and the choice of an Appraiser are important decisions and should not be based solely upon listings. AbcAppraiserDirectory.com is not responsible for any material or information provided by Appraisers or respective companies. Although the utmost care has been taken to provide the most reliable, accurate, and current information, all users of this site are encouraged to make their own independent investigation and evaluation of any Appraiser they might consider hiring for professional appraisal service.

9. LINKING TO AbcAppraiserDirectory.com

You may provide links only to the homepage of AbcAprpaiserDirectory.com, provided you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices. Also, you must give AbcAppraiserDirectory.com notice of such link by contact either by e-mail or telephone. You must discontinue providing links to AbcApraiserDirectory.com immediately upon request by AbcAppraiserDirectory.com. If you would like to provide links to a section within this site, please contact us either by e-mail or telephone. We will consider your request on a case-by-case basis.

10. LISTING PERIOD and APPROVALS

An Appraiser (Company) listing may be edited or updated at the discretion of AbcAppraiserDirectory.com. All listings will be removed after expiration at the discretion of AbcAppraiserDirectory.com. In addition, AbcAppraiserDirectory.com. reserves the right to delete listings as it deems necessary (Including Violations of Terms and Conditions). Upon listing removal, a determination by AbcAppraiserDirectory.com would determine if any refund is applicable. Any fees charged to AbcAppraiserDirectory.com in order to list a respective Appraiser or company will be subtracted from any refunds do to Appraiser (Company). All new listings will be immediately visible on this web site. Upon being listed by this web site, AbcAppraiserDirectory.com will soon follow up with “LICENSE VERIFICATION.” If the Appraisers license cannot be verified, the listing will be removed from the web site and a refund will be given, (less applicable fees).

11. DISCLAIMER OF WARRANTIES

ABCAPPRAISERDIRECTORY.COM, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ABCAPPRAISERDIRECTORY.COM, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE

IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ABCAPPRAISERDIRECTORY.COM, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ABCAPPRAISERDIRECTORY.COM, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ABCAPPRAISERDIRECTORY.COM, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AbcAppraiserDirectory.com, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. AbcAppraiserDirectory.com reserves the right at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with AbcAppraiserDirectory.com in asserting any available defenses.

14. LEGAL COMPLIANCE

AbcAppraiserDirectory.com may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, AbcAppraiserDirectory.com may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

15. CHOICE OF LAW AND FORUM

The AbcAppraiserDirectory.com web site (excluding third party linked sites) is controlled by AbcAppraiserDirectory.com from its offices within the State of Florida, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the State of Florida, by accessing this site, both you and AbcAppraiserDirectory.com agree that the statues and laws of the State of Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and AbcAppraiserDirectory.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the State of Florida and any legal proceedings shall be conducted in English. AbcAppraiserDirectory.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

16. MISCELLANEOUS

This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of AbcAppraiserDirectory.com. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.