TERMS AND CONDITIONS OF USE
Last Updated: June 26, 2019
IMPORTANT NOTICE TO USER: PLEASE READ CAREFULLY BEFORE CONTINUING TO REGISTER FOR AN ACCOUNT OR USING THIS WEBSITE.
THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“USER” OR “YOU” OR “MEMBER”) AND BRADFORD TECHNOLOGIES, INC. AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “COMPANY” OR “WE” OR “US” OR “OUR”), CONCERNING YOUR ACCESS TO AND USE OF THE HTTP://WWW.APPRAISALWORLD.COM/ WEBSITE AS WELL AS ANY OTHER MEDIA FORM, MEDIA CHANNEL, MOBILE WEBSITE OR MOBILE APPLICATION RELATED OR CONNECTED THERETO (COLLECTIVELY, THE “WEBSITE”). WE RESERVE THE RIGHT TO UPDATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU.
SOLICITATION NOTICE: UNAUTHORIZED SOLICITATION OF ANY MEMBER LISTED ON THIS WEBSITE IS STRICTLY PROHIBITED.
Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use Company services.
DESCRIPTION OF SERVICES
Through its Website, Company provides you with access to a variety of resources and information including, but not limited to, appraiser directory, valuation related tools, download areas, communication forums, facilities for e-commerce and office management and related information. These resources are collectively known as “Services.” Services may include other related services including, but not limited to, e-mail services, forums, communities, personal web pages, file storage and/or other message or communication facilities designed to enable You to communicate and conduct business with other members (each a “Communication Service” and collectively “Communication Services”).
USE OF WEBSITE, SERVICES AND COMMUNICATION SERVICES
Company hereby grants you a limited, revocable, non-exclusive license to access the Website, Services and Communication Services subject to and in accordance with the terms and conditions of this Agreement. Any other use of the Website, Services, and/or Communication Services is strictly prohibited. In connection with your use on the Website and Services, you shall (i) comply with all applicable laws and regulations, (ii) promptly respond to all requests for services or products received from, and promptly pay for all services or products ordered from, other members of the Website, (iii) make no false or misleading representations of any type to any party regarding to the Website or any product or service offered by you or Company, (iv) not participate or engage in any illegal, deceptive, misleading, unethical or improper practices or infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (v) not disseminate any information about another member of the Website without the prior written consent of such member, or (vi) not send unsolicited e-mails or other types of communications to any member of the Website for any purpose other than requesting the delivery of products or services provided by such member or a proposal to provide any products or services to such member.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion and for any reason without any notice to You. Company reserves the right to terminate your access to any or all Communication Services at any time, without notice, for any reason or for no reason. Company reserves the right at all times to disclose any information as Company deems necessary or appropriate 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 Company’s sole discretion. Company does not control or endorse the content, messages or information found in any Communication Services and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Services. Materials uploaded to Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; and You are responsible for adhering to such limitations if you download any such materials.
Any Member information available on the Website was provided solely by the providing Member, and Company has not reviewed or verified such information. Company makes no representation as to the accuracy, completeness, or timeliness of the information made available by Members on the Website and takes no responsibility for such information.
NO UNLAWFUL OR PROHIBITED USE
You may not use Services (a) for any purpose that is unlawful or prohibited by this Agreement, (b) in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or (c) in any manner that could interfere with any other party’s use and enjoyment of Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Company server or to any of Services, whether through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Services.
UNLAWFUL OR PROHIBITED USE OF "FIND AN APPRAISER"
“Find an Appraiser” is compiled, published and copyrighted by Company. “Find an Appraiser” and any of its data, listings or other constituent elements may not be downloaded, republished, resold or duplicated, in whole or in part, for commercial or any other purposes or for purposes of compiling mailing lists or any other lists of real estate professionals or Website Members. The use of “Find an Appraiser” to establish independent data files or compendiums of statistical information is prohibited. Company reserves the right to implements safeguards within the “Find an Appraiser” data files to trace unauthorized use.
USE OF MEMBER NAMES
You hereby grant Company the right to display Your name and/or company logo on the Website and in advertisements and releases promoting the Website and Services.
LINKS TO THIRD PARTY WEBSITES
The Website contains (or You may be sent through the Website or Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and Company is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by Company. If You decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Website or relating to any applications You use or install from the Website. Any purchases You make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of Services requires You to open an account, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Company immediately of any unauthorized use of Your account or any other breach of security. Company will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Company or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Unless otherwise agreed in writing by Company, all purchases made through the Website must be paid Net ten (10) days from date of invoice. All past due amounts are subject to a 1.5% monthly financing charge or the maximum rate permissible under applicable laws. A $25.00 service charge will apply to any dishonored draft.
All software sales become final after the software is registered and unlocked or after the thirty (30)-day evaluation period expires. Company software that has not been unlocked may be returned prior to the expiration of the thirty (30)-day evaluation period for a full refund. Third party software and hardware that is unregistered may be returned prior to the expiration of the thirty (30)-day evaluation period.
All service and support contract sales are final. There are no refunds on service and support fees.
All returns on third party products are subject to a twenty percent (20%) restocking fee and must be received by us with the original packing materials and carton in original condition. All returns permitted under this Return Policy must be accompanied by a copy of the original purchase invoice and a Return Merchandise Authorization (“RMA”) obtained from us.
Other returned items not mentioned above are subject to credit only. It is within the Company’s sole discretion to issue cash refunds. Any returns requested after the expiration of the thirty (30)-day evaluation period are permitted only for repair or exchange.
SHIPMENT; PASSAGE OF TITLE
Company’s shipping dates are approximate and are based on the timing of Company’s receipt from User of an order form which provides complete information and authorizes Company to proceed with the delivery of products and/or services.
Any products purchased by User shall be delivered EXW (as such term is defined in accordance with the latest version of Incoterms) Company’s point of shipment and the risk of loss shall pass to you upon delivery of the products to a common carrier. All costs of shipping will be borne by User, including, without limitation, any charges for any special services or special shipping arrangements (such as cartage, air freight, express, parcel post and multiple deliveries on one order).
Title to purchased products shall pass from Company to User upon delivery of such products to the common carrier. Any loss or damage discovered after delivery to the common carrier shall be the sole responsibility of User.
All claims for missing products must be made by User in writing within two (2) business days from the date of receipt of the purchased products. If such notice is not given within the stated period of time, User hereby agrees that it shall be conclusively presumed that User has fully inspected the purchased products and acknowledged that no shortage exists.
User shall be in default under this Agreement upon the happening of any of the following events or conditions: (a) any payment is and remains overdue for a period of five (5) days or more; (b) User’s breach of any representation, warranty, covenant or obligation to Company; or (c) dissolution, termination of existence, discontinuance of User’s business, insolvency, or appointment of a receiver of any part of the property of, or assignment for the benefit of creditors by User or the commencement of any proceedings under any bankruptcy re-organization or arrangement laws by or against User, or the attachment, levy, seizure or garnishment of any User’s property, rights, assets (contingent or otherwise) or any product.
In the event of any default on the part of the User hereunder, User shall pay any and all fees and costs, including, without limitation, collections costs and reasonable attorney’s fees, incurred by Company in connection with such default.
Any time following the occurrence of any event of default, Company may, at its option without further notice to User, exercise one or more of the following remedies: (1) demand or, without demand, sue for amounts then due or thereafter accruing under any invoice, bill or other documentation evidencing indebtedness; (2) suspend any or all deliveries as to any or all products; (3) take possession of any or all purchased products wherever found and for this purpose enter upon any premises of User to remove the product, without court order or other process of law, without any liability for damages, lawsuit, action or other proceedings initiated by the User for such entry/or removal; (4) cause User, at its expense, to promptly return all purchased products to Company in good, like-new condition; (5) sell any or all purchased products at public or private sales (for cash or credit) at such time or times as Company shall determine, free and clear or any rights that User may claim to such products, and if notice thereof is required by laws, any notice is writing if any such sale by Company to User not less than ten (10) days prior to the date thereof shall constitute reasonable notice thereof by Company to User; (6) exercise any and all rights available to Company under any applicable contract or law upon any default by User.
RIGHTS AND REMEDIES NOT EXCLUSIVE
No right or remedy available to Company under this Agreement shall be exclusive of any other right or remedy available to Company pursuant to applicable law, and all rights or remedies available to Company under this Agreement or applicable law shall be cumulative and in addition to every other right or remedy available to Company.
MITIGATION OF DAMAGES
In the event that Company repossess any products as the result of a default by User, Company has the right to sell the repossessed products at any reasonable price, which shall be determined in Company’s sole discretion, to a third party; provided, however, that Company shall have no obligation to actively seek out and solicit potential sellers or purchasers of such products.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while You use the Website or are otherwise a User or Member of the Website, as applicable. You may terminate Your use or participation at any time, for any reason, by following the instructions for terminating user accounts in Your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein, including, without limitation, AppraisalWorld, Appraisal Lockers, Appraisal Express, and ClickFORMS (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Website is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that You are eligible to use the Website, You are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which You have properly gained access solely for Your personal, non-commercial use. Company reserves all rights not expressly granted to You in and to the Website and Company Content and Marks.
THE WEBSITE, AND THE INFORMATION CONTAINED HEREIN, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE AND THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Company and its subsidiaries, affiliates, agents, licensors, suppliers, alliance members, other partners and representatives, and their respective officers, agents, partners and employees, harmless from and against any and all claims, demands, losses, costs, expenses, liability, demand, and/or damages, including reasonable attorneys’ fees and expenses, of any kind or nature whatsoever made by any third party due to or arising out of your contributed content, your use of or connection to the Website or Services (including any use by you on behalf of your employer), and/or arising from Your breach of this Agreement, any breach of Your representations and warranties set forth above, and/or Your violation of any rights of another. NotwithstandinVg the foregoing, Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
In the event that you have a dispute with one or more users of the Website, you shall and do hereby release Company and its employees, directors, officers and agents from claims, demands and damages (actual and consequential) of every kind and nature, whether known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
GOVERNING LAW; VENUE
This Agreement shall be construed and enforced in accordance with the laws of the State of California. User agrees that all claims, actions, disputes, causes of action, controversies and/or lawsuits arising out of or related in any respect to this Agreement, the Website, Services, and/or the Communication Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Santa Clara County, State of California; subject, however, to the right of Company, at the Company's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a User.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services.
No supplement, modification, or amendment or waiver, of any provision of this Agreement shall be binding upon Company, unless executed in writing by a duly authorized representative of Company. Any failure by Company to enforce any provision of this Agreement will not constitute a waiver of future enforcement of such or any other provision.
If any provision of this Agreement is declared or held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be interpreted as modified so as to be enforceable to the maximum extent permitted by law and all other provision hereof will remain in full force and effect.
Company does not control the information provided by other users and made available through the Website. You may find other user’s information to be inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using the Website.
Your use of the Website and/or Services includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
In order to access and retain Your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Without limiting any other remedies, Company may suspend or terminate your membership in the Website if Company suspects that you (by conviction, settlement, investigation or otherwise) have engaged in any fraudulent activity in connection with the Website and/or Services.
The headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of the Agreement.
This Agreement embodies the entire agreement between You and Company regarding the subject matter hereof, and supersedes any prior or contemporaneous oral or written statements or agreements with respect to the same.