PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY OF THE SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE ANY OF THE SITES!
YOU MUST BE 18 YEARS OR OLDER TO USE THE SITES. BY USING THE SITES, YOU CERTIFY THAT YOU HAVE SATISFIED THE FOREGOING REQUIREMENT.
The Sites are owned by Appraiser Dashboard LLC, a Delaware state limited liability company (referred to as "we," “our”, "us," etc. or the "Company"). We refer to all users or visitors of the Sites under these Terms generally as “you” (etc.). These Terms bind all users of the Sites generally, and additional terms apply for specific roles that you may engage in under the Sites.
2. User License, Termination, and Modifications
Permission is granted to you to view and use the materials on the Sites for personal, non- commercial, or transitory viewing only except as otherwise provided herein. This is the grant of a limited license, not a transfer of title, and under this license you may not engage in the following activities:
Modify or copy the materials;
Use the Site for any purpose except the completion of appraisal duties;
Attempt to decompile or reverse engineer any software or electric components contained on the Sites;
Remove or copy any copyright or other proprietary notations from the materials;
A use that damages, disables, overburdens or impairs any server that hosts the Sites or any network connected to such services;
Use that interferes with any other party’s use and enjoyment of the Sites;
Attempt to gain unauthorized access to other accounts or roles or to any other unauthorized area of the Sites through hacking, password mining, or any other means;
Use automated means including spiders, robots, crawlers, datamining tools, or the like to scrape or download data from the Sites;
Transfer the materials to another person or “mirror” the materials on any other server; and
Engage in any unlawful activity or use the materials in violation of any applicable laws or regulations.
This license shall automatically terminate if you violate any of the Terms, including engaging in the above restrictions, and the Company may, at its sole discretion, revoke the limited license at any time.
The Company reserves the right to modify, suspend, or remove the Sites or any part of the Sites, or any services provided through the Sites at any time or from time to time, with or without prior notice to you. This includes termination of your password, an account (or any part of your account), or use of a Site or Service (as defined below). Further, this includes removal of any content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with any of these Terms. You agree that we will not be liable to you or any third party for any modification or termination of the Sites. You acknowledge that we have no express or implied obligation to provide or continue to provide the Sites, or any part of the Sites, nor to provide any maintenance, technical or other support for the Sites. You acknowledge that we may, at any time, restrict, limit, suspend or terminate your access to the Site or commence charging fees for use of the Sites. You will be provided notice and an opportunity to opt-out if fees are charged for using the Sites.
3. Services and User Roles
Our registered users include individuals or entities that are engaged in the business of real estate appraisal (the “Registered Users”).. Registered Users can input appraisal information, client information, set reminders and email clients in addition to various other features. The Site and app provide a functional real estate appraisal management system tointegrate information and manage various clients.
(the above, collectively with providing the Sites, referred to as the “Services”).
We may require certain authentications and authorizations before establishing a Registered User account, or after an account has been established. Accordingly, you certify that any and all information that you provide to the Company is true and accurate. Please be aware that you are responsible for maintaining the confidentiality of the user ID and password associated with your account.
4. User Content
The Website may allow you to upload, and/or share information, text, messages, data, photographs, audio, video, images, graphics, documents, client information, and other content (collectively, “User Content”). You recognize that you are solely responsible for the User Content you make available and transmit via the Service. You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party; that you have all rights and permissions necessary to upload User Content. You agree that we have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or messages you send through the Site.
a. User Content Restrictions
You agree not to transmit or, distribute, or otherwise publish through the Website any of the following type of content that:
is false, indecent, defamatory, obscene, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
contains any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission; or
contains viruses, spyware, or other computer malware.
b. User Content License
By transmitting, uploading, or otherwise sharing/distributing your User Content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to all data contained in the User Content (the “User Content Data”) including but not limited to client information. Furthermore, you relinquish all rights to monetize or otherwise profit, directly or indirectly, from any and all User Content Data. You expressly represent and warrant that we have the sole and irrevocable right to sell any data generated from your use of the Service, including but not limited to selling User Content Data to third parties for targeted advertisements. You expressly permit us to identify you as the provider of such User Content. You expressly represent and warrant that you have all necessary rights to grant the foregoing permissions and license.
5. Site Content and Leaving the Site
Unless otherwise indicated, all of the content displayed on the Sites, including, but not limited to, any and all text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by the Company or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights.
You may choose to or we may invite you to submit comments or ideas about a Site and related services, including without limitation about how to improve a Site or our services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You understand that all information, data, text, messages or other User Content publicly posted on Site by third parties such as other users is the sole responsibility of the person from which such content originated. This means that you, and not the Company, bear all liability for all such content that you post, email, transmit or otherwise make available via the Services, and all risk for all third- party content that you read, forward, or otherwise act on.. We may provide links on a Site to other websites which are not under our control (e.g. a share button to Twitter, Facebook, etc.); these links are provided for convenience of reference only and are not intended as an endorsement by the Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. Use of such links is at your sole risk.
6. Digital Millennium Copyright Act – Takedown Procedure
This section explains the Company’s policy with respect to complaints of copyright, trademark, or other intellectual property infringements.
To file a copyright infringement notification with the Company, you will need to send a written or email communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works.
Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material. Providing URLs is the best way to help us locate content quickly.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your name, address, telephone number, and email address, and that you will accept service of process for any dispute that arises relating to the takedown of material referenced in your notice.
Such notice should be sent to our designated agent as follows:
Appraiser Dashboard, LLC 12903 47th Ave SE
Everett, WA 98208
Any person who knowingly materially misrepresents that material or activity is infringing or includes false information in a notice may be subject to liability.
If you elect to send us a counter notice, to be effective it must be a written or email communication provided to our designated agent that includes substantially the following:
The physical or electronic signature of the member or user.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, telephone number, email address, and that you will accept service of process from the person who provided the original take-down notice or from us.
Such notice should be sent to our designated agent as follows:
Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Other (Non-Copyright) IP Infringement
Other (non-copyright) notices of potential infringement should include a statement as to the intellectual property or right potentially infringed, proof of ownership of the rights at issue, identification of the URL at which the potentially infringing material may be found, and a street address, telephone number, and email address where you can be reached. The notice should be in writing, and sent to the following address:
Appraiser Dashboard, LLC
12903 47th Ave SE
Everett, WA 98208
Registered Users are charged a fee per file that the Registered User creates on the Service, according to the rates and miscellaneous fees listed in Exhibit A. The Company maintains the right to change per file fees or implement or change any other fees at its sole discretion from time to time. These fees may include third-party services, including a fee for MLS data.
Following payment, any and all such fees are non-refundable regardless of whether a file is subsequently deleted. The Company makes no guarantee of Registered Users’ business optimization as a result of using the Service. Promotional offers, including waived filing fees, may be offered from time to time by Company. Such promotions may be revoked at any time prior to use by Registered User.
8. Disclaimers and Limits on Liability
ALL SERVICES AND THE SITES ARE PROVIDED “AS IS” AND THE COMPANY AND ITS DIRECTORS, MEMBERS,MANAGERS,EMPLOYEES,ANDAFFILIATES (THE“DISCLAIMINGPARTIES”)DISCLAIM,TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
THE DISCLAIMING PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, RELIANCE ON THE INFORMATION PROVIDED HEREIN, OR UNAVAILABILITY OF THE SITES OR SERVICES, INCLUDING LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONALITY ON THE SITES OR PROVIDED WITH THE SERVICES AND THE CONTENT PROVIDED ON THE SITES ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THE SITES OR THEIR CONTENT ARE FREE FROM INFECTION BY VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE DISCLAIMING PARTIES AGGREGATE LIABILITY, WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR OTHERWISE IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS EXCEED ANY COMPENSATION PAID BY YOU TO THE COMPANY FOR ACCESS TO OR USE OF THE SITES OR SERVICES.
YOU ASSUME ALL RISKS AND CALL COSTS ASSOCIATED WITH THE USE OF THE SITES, INCLUDING WITHOUT LIMITATION ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, OR INFORMATION. YOU AGREE THAT IN NO EVENT WILL THE DAMAGES FROM ANY CLAIM EXCEED THE AMOUNT PAID BY YOU IN THE PRECEDING THREE MONTHS.
9. Dispute Resolution
Upon any dispute or claim arising under the terms, obligations, or promises under these Terms or any Additional Agreements, you agree to work with us to resolve the dispute privately or through mediation before a mutually agreed upon mediator. If mediation fails to produce a mutually agreeable outcome, then you agree to binding arbitration. Arbitration will be before a single arbitrator that you choose from a list of three arbitrators provided by us. Arbitration will be performed under the rules adopted by the American Arbitration Association at the time a claim is filed with an arbitrator. Arbitration will take place in Seattle, Delaware. An arbitration judgment may be entered into and enforced by a court of competent jurisdiction, which judgment may include the costs and attorneys’ fees for the prevailing party at arbitration.
10. Applicable Law and Venue
These Terms and your use of a Site will be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of this Site.
Our failure to exercise or enforce any right shall not operate as a waiver of such right. Our waiver of a breach of these Terms or Additional Terms shall not waive any other provision or operate as a waiver of a subsequent breach of the same provision.
12. No Oral Modifications
These Terms, any Additional Agreements, and any other written agreement you may have with us constitutes the entire understanding and agreement between you and us. No oral modifications or amendments, including without limitation any oral statements made by employees, officers, directors, or other agents of the company, shall affect our agreement.
If a provision of these Terms is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Terms or any Additional Agreements will not be impaired.
14. Notice of Changes
The Company reserves the right to change these Terms or any other terms or policies of any and all Sites or Services, at any time and in our sole discretion. When making changes, we will revise the "last updated" date at the top of these Terms, and changes will be effective immediately upon posting. Your continued use of this Site following the posting of any changes will constitute your acceptance of such changes. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.