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PROPERTY VALUATOR TERMS OF SERVICE
Introduction
This document is a legally binding Agreement between you, our subscriber, and Property
Valuator, Inc, the owner and operator of the www.propertyvaluator.com commercial
website. You must agree to be bound by each of the terms and conditions of this
Agreement as a condition precedent to using any of the tools, services, or program
offerings made available to you via this website. As we are continually developing
our various services, we may find it necessary to modify portions of this Agreement.
If we do make any modifications, we may email you, if you are a current subscriber,
or post a notice of the modification on our website. However, we ask you to read
this document each time that you visit our website or use any tool, service, or
program that we offer. Your use of any tool, service, product or program that we
commercially offer at any time is your express indication to us that you have read
the most recent version of this Agreement and agree to be bound by the terms and
conditions of this Agreement in its modified state.
The Services that We Provide
Property Valuator, Inc. provides automated valuation and real estate property data.:We
may discontinue any service, tool, or program at anytime without notice to you.
We may also make fundamental modifications in the functionality of any tool, service
or program that we offer without notice to you. Property Valuator is a licensed
service mark of Property Valuator, Inc. Our commercial usage of this service mark
is fully authorized by the registered owner of the service mark. You may not use
our services if you are in the legal industry or in the title insurance industry.
Property Valuator reports are provided AS IS, at no time they are intended to replace
a conventional appraisal. Our reports are not insurable and do not express any guarantees
about the accuracy of the information. They should be solely used for informational
and estimate purposes. Permission to use the Property Valuator reports is a non-exclusive,
royalty-free license to print the report, such reports are confidential and may
not be re-distributed, they are intended for the end user only. You may not alter
the report in any way. You may not sublicense the report in any way. You may not
assign your rights to use the report. The visual appearance of the report may be
altered at anytime by the owner of the service mark... The report may never be used
in a way that is fraudulent, defamatory, disparaging, infringing, indecent, obscene,
offensive or otherwise objectionable to us or the owner of the registered service
mark itself. We reserve the right to modify or cancel your license to use the report
at anytime. Legal action will be taken against you for any legally inappropriate
misuse of the report or any action that constitutes an infringement of the report,
the logo presented in the report, or any trademark or service mark in any legal
jurisdiction. You may not create a parody of the report, incorporate the report
in any way into any new mark, or assume any of the goodwill associated with the
report.
Program Memberships
Program memberships regarding any program that we offer requires you to accept each
of the terms and conditions contained herewith along with subscribing via your electronic
signature or physical signature to any Application Form that we require as a condition
precedent to receiving services pursuant to a program membership. Your contact information
will be required should you wish to enroll in any program..
Restriction of Services
We shall not provide services with any client who has been convicted of a felony
or a crime of moral turpitude in any jurisdiction.
Suspension of Services
We may suspend or terminate your membership at any time without notice to you for
reasons that we find, in our sole discretion, to be appropriate. In order to avoid
such suspensions, you should keep all your contact information current. If your
membership is suspended, you must at once discontinue the use of Property Valuator,
Inc. Your license to use the report is automatically terminated upon our suspending
or terminating your membership.
Fees Due
All fees that you pay to us are non-refundable. We may alter our fee schedule at
anytime by sending you notice thereof. If you continue to remain a registered member
of our program(s) after we have altered our fee schedule (which we will post on
our site or otherwise email to you) then that means you have agreed to pay us such
modified fees and that you have accepted the revised fees and agreed to be bound
by them. You agree that we will have the authority to bill your credit card account
for all relevant fees on a recurring basis until you contact us and discontinue
service(s).
Disclaimer
ALL SERVICES, PRODUCTS, TOOLS, PROGRAMS PROVIDED HEREIN ARE DONE SO ON A AS IS
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED, OR
ESTABLISHED BY STATUTE, CODE, OR REGULATION, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABLITY, AND FITNESS OF PURPOSE, AND TITLE. NO WARRANTIES ARE OFFERED OR
GIVEN UNLESS SPECIFICALLY INDICATED IN THE BODY OF THIS AGREEMENT AND WE DO NOT
WARRANT THAT OUR SERVICES ARE ERROR-FREE, SECURE, HARMLESS, OR PRODUCTIVE.
Limit of Liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
INCIDENTAL DAMAGES OCURRING TO YOU OR YOUR CLIENTS DUE TO YOUR USE OF ANY TOOL,
PRODUCT, SERVICE OR PROGRAM THAT WE OFFER, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY
OF SUCH DAMAGES OR HARM. YOU AGREE THAT THE TOTAL LIABLITY THAT WE COULD POSSIBLY
HAVE UNDER ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT THAT YOU HAVE PAID US
FOR THE SERVICES THAT WE HAVE PROVIDED TO YOU. ALL DAMAGES, WHETHER ARISING FROM
TORT OR OTHER CIVIL THEORY, MUST BE REPORTED BY YOU TO US, IN WRITING, WITHIN 30
DAYS OF THEIR OCCURANCE OR YOU WILL FOREVER WAIVE ANY RIGHT TO MAKE A CLAIM REGARDING
SUCH DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD VERIFICATION BUREAU, INC., ITS OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AFFILIATES AND LEGAL ADVISORS HARMLESS
AND TO DEFEND THE SAME AGAINST ANY CLAIM OF ANY NATURE ARISING FROM YOUR USAGE OF
THIS SITE, OUR SERVICES AND PRODUCTS, OR THIS AGREEMENT.
Term and Termination
This Agreement begins upon your accepting any tool, product, service or program
offering from us, or your acceptance of this Agreement or any other written Agreement
that we offer. This Agreement shall terminate 30 days subsequent to your written
request for cancellation, but all hold harmless and indemnification clauses, resolution
of dispute agreements, arbitration, limits of liability, and disclaimers shall remain
in force in perpetuity. All licenses to you shall cease forthwith upon termination
of this Agreement.
Jurisdiction/Arbitration
All legal disputes between us and you shall be resolved by mandatory, binding arbitration
to be conducted in Miami, Florida, using exclusively and solely the laws of Florida
and the United States of America. You must be present at all arbitration hearings
and meetings. Arbitration will be conducted by a member of the American Arbitration
Association who all parties agree to. If the parties cannot agree to a specific
provider of Arbitration or alternative dispute resolution services then, upon one
weeks written notice to you, any officer or director of a Miami based arbitration
provider or alternative dispute resolution service may appoint a particular arbitrator
or alternative dispute resolution service. All fees for arbitration and mediation
must be pre-paid equally by all parties. The prevailing party shall receive an award
of all costs, attorneys fees and related arbitration and mediation fees along with
whatever award should be issued pursuant to arbitration. All parties shall have
the right and ability to proceed to a Court of Equity in Miami, Florida, for the
purpose of obtaining an Equitable Order prior, during or after arbitration. You
specifically agree to submit to the jurisdiction of the Courts of Miami, Florida
and to said mandatory, binding arbitration. Any legal claims, with us as a defendant
or co-defendant, filed outside of Miami, Florida will require you to post a bond
in the amount of One Million Dollars (USD) to act as surety for our attorneys fees,
costs, and potential award of damage.
Waivers/Enforceability
Our failure to enforce any portion of this Agreement will not effect our ability
or right to enforce that portion or any provision of this Agreement. In any event
that any portion of this Agreement is determined by a Court of Competent Jurisdiction
to be invalid or unenforceable, the balance of the Agreement shall remain in full
force and legal effect.
Notices:
All notices may be sent to us as follows:
Property Valuator, Inc
200 SE 1st Suite 702
Miami, FL 33131
Notices are deemed to have been received upon actual receipt. Independent Contractor
Relationship No relationship of employment is created by this Agreement, rather,
a relationship of independent contractor is the sole legal relationship that exists
between the parties. No relationship of agency, partnership, joint venture, or employer-employee
has been or will be created between the parties.
Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement
for any delay or default in performing hereunder if such delay or default is caused
by conditions beyond its control including, but not limited to Acts of God, Government
restrictions (including the denial or cancellation of any export or other necessary
license), wars, insurrections and/or any other cause beyond the reasonable control
of the party whose performance is affected. Neither party shall be liable for any
failure or delay in performance under this Agreement (other than for delay in the
payment of money due and payable hereunder) to the extent said failures or delays
are proximately caused by causes beyond that party's reasonable control and occurring
without its fault or negligence, including, without limitation, failure of suppliers,
subcontractors, and carriers, or party to substantially meet its performance obligations
under this Agreement, provided that, as a condition to the claim of nonliability,
the party experiencing the difficulty shall give the other prompt written notice,
with full details following the occurrence of the cause relied upon. Dates by which
performance obligations are scheduled to be met will be extended for a period of
time equal to the time lost due to any delay so caused.
Electronic Signatures
You agree that your electronic signature carries the full legal import as your physical
signature and that you agree and understand the standards imposed by the Uniform
Electronic Transactions Act and that your electronic subscription herein serves
as your full written endorsement and acceptance of each and every term and condition
contained herewith.
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