Aipraiser.com has updated the terms of the appraiser Lender, AMC, and general user EULA and it is available for review below. By clicking the checkbox you acknowledge you have read and agree to the updated EULA.
Aipraiser.com Network and End User License ("License")
IMPORTANT NOTICE TO USER - PLEASE READ CAREFULLY TO ENSURE YOU UNDERSTAND AND AGREE TO THE TERMS SET FORTH HEREIN WHEN YOU ACCESS THE SOFTWARE (AS DEFINED HEREIN). THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN AIPRAISER.COM® (THE "COMPANY") AND THE USER ("USER", "APPRAISER", “LENDER”, “AMC” YOU" OR "YOUR"). REVIEW AND ACCEPTANCE OF THIS USER AGREEMENT (THE "AGREEMENT") VIA CONFIRMATION OF YOUR PERSONAL OR COMPANY INFORMATION, USE OR ACCESS TO THE WEBSITE (THE "WEBSITE"), OR USE OF ANY INFORMATION INCLUDED THEREIN IS DEEMED ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU REPRESENT AND WARRANT TO THE COMPANY. THAT YOU ARE AN AUTHORIZED PERSON OF THE APPRAISAL COMPANY THAT YOU PROVIDE. AFTER REVIEWING THE TERMS AND CONDITIONS BELOW, PLEASE ACKNOWLEDGE YOUR AGREEMENT BY CLICKING ON "I ACCEPT OR AGREE," OR THAT YOU DECLINE THIS AGREEMENT BY CLICKING ON "I DO NOT AGREE" AT THE BOTTOM OF THIS FILE. NOTE: YOU CANNOT OBTAIN ACCESS TO THE WEBSITE UNLESS YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING THE "I AGREE" BUTTON.
Aipraiser.com is NOT acting in the capacity of an appraisal management company. The company does NOT direct or influence which appraisers are selected to be on the panel for each or any lender or AMC that utilizes Aipraiser.com. Appraiser.com is a tool for AMCs, Lenders, and Appraisers to use to communicate, transfer and pay for appraisals. Aipraiser.com does not provide software to mortgage lenders to manage their internal appraisal management process. You, the appraiser, are not a subcontractor, employee, or otherwise related party to Company. Fees will be paid by Lenders, Appraisers, or AMCs to Aipraiser.com for the use of Aipraiser.com as an ordering, scheduling, and transferring of appraisal assignments on the Aipraiser.com website. Appraisal fees paid through Aipraiser.com are not made directly to Aipraiser.com but are directly transferred to the appraiser or appraiser company that provided appraisal services to the client.
1. Access to Company Appraisal Orders.
Aipraiser.com hereby grants to You, and You hereby accept, a limited, revocable, non-exclusive right to access Aipraiser.com website solely for purposes directly related to Your professional activities arising in the ordinary course of business, subject to and in accordance with the terms and conditions hereof. Any other use of the Software is strictly prohibited.
1.2 Reservations of Rights.
You acknowledge that the Software and any accompanying documentation are Company's proprietary intellectual property and contain material that is protected by the United States copyright law and trade secret law and by international treaty provisions. All rights not granted to You herein are expressly reserved by Company. You agree not to remove any proprietary or copyright notices of Aipraiser.com from any copy of the Website or documentation.
1.3 Restrictions on Use of Aipraiser.com.
You may not publish, display, disclose, rent, lease, sublease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall You attempt to determine the source code from the object code for the Software. You shall not transmit the Software over any network or between any devices, although You may use the Software to make such transmissions of other materials. Rather, You have a license to use the Company as long as this Agreement remains in full force and effect. Ownership of Aipraiser.com, Documentation, and all intellectual property rights therein shall remain at all times with Company.
Any other use of Aipraiser.com or the Company's products and services by any person, business, corporation, government organization, or any other entity is strictly forbidden and is a violation of this Agreement. You hereby acknowledge that the Software and all other products listed on Company's website are the proprietary property of the Company. The names and marks associated with all products and services identified and all associated names, marks, and logos are the trademarks and/or service marks of Company or its affiliates, and that any trade dress, trademarks, service marks, or designs related to Company and/or the Marks are the intellectual property of Company and are protected by the United States copyright laws, trademark laws, trade secret laws, international treaties and applicable laws of the states and jurisdictions where they are used.
This Agreement does not grant to You any ownership rights in the Marks or in any other intellectual property of Aipraiser.com. All right, title, and interest in and to the Marks, and any other intellectual property of the Company shall remain with Aipraiser.com. You further acknowledge that the Website and all products and its functionality, structure, organization, and the code format of the Website are valuable confidential trade secrets of the Company.
2. Transaction Fees.
By accepting an order or uploading Your company or personal information into the system, You hereby agree to and shall pay the fees and other charges as required by Lender for upload fees. Clients reserve the right to change upload fees at any time. As an Appraiser user, Lender, or AMC user you are also required to pay a monthly fee for the use of Aipraiser.com to use the Website as intended in this Agreement. Aipraiser.com reserves the right to change its fees at any time.
You shall make all payments in U.S. currency. Your credit card must be valid and chargeable and will be billed once per month for all orders accepted and or completed during the prior month unless Your orders total more than One Hundred Dollars ($100.00). Aipraiser.com reserves the right to suspend or terminate Your account if credit card charges are denied. Such suspension or termination shall not relieve You of the obligation to pay the transaction or appraisal fees due on any outstanding orders or for the usage of Aipraiser.com.
You agree to pay Aipraiser.com any reasonable expenses, including attorneys' and collection agency fees, incurred in enforcing its rights to collect payment under this Agreement. If Your account is suspended due to non-payment, that shall not constitute removal from the appraiser roster for the respective lenders and no formal notification will be sent to Your account from Aipraiser.com. Your account will be re-instated within twenty-four (24) hours after receipt of payment in full.
Credit Card Processing.
By entering credit card information, You are authorizing Aipraiser.com to charge the supplied credit card for each order accepted by You whether charged singly or in bulk.
The company shall provide a refund of the appraisal acceptance fee ("Refund") if, and only if, the appraisal is canceled or reassigned by the lender. If You accept an order and then reject it for any reason, no fees will be refunded. Refunds must be requested by the appraiser within ninety (90) days from the date You accepted the order on the Website. No refunds will be issued 90 days after the acceptance date of the order. To request a Refund, You must contact Aipraiser.com Support email, or live chat. Refunds are processed every month, but more time may be required due to research and fulfillment.
2.2. Use of Third Party Settlement Organizations
Certain lenders may opt to use a third-party settlement organization (“TPSO”) for appraiser payment processing. Under the Internal Revenue Code, TPSOs report payments on a 1099-K Form instead of a 1099-MISC, and only when the following conditions are met:
• The TPSO must have completed over 200 transactions for the appraiser.
• The TPSO must have remitted over $20,000 total in transactions for the appraiser.
If the appraiser does not meet the threshold to receive a 1099-K form from the TPSO a 1099-K form will not be sent and the TPSO may at its option provide a remittance statement with a summary of all paid transactions during the taxable year to the appraiser. Please note that such a remittance statement does not represent a tax form.
The information contained herein is for general information purposes only and does not constitute tax or legal advice. You are encouraged to consult with a qualified tax advisor for any questions regarding tax reporting matters or obligations.
3. Use of Aipraiser.com.
In connection with Your use of the Website, You represent and warrant that You shall (i) operate Your business in accordance with all applicable laws and regulations, (ii) to the extent reasonably practical, use the application to obtain appraisal orders, (iii) promptly respond to all requests from Company customer support and clients, (iv) promptly update credit card and fee schedule information or pay for all orders accepted and services provided, (v) not make false, derogatory, or misleading representations to any party with regard to Aipraiser.com or any product or service offered, and (vi) not participate or engage in any illegal, deceptive, misleading, unethical or improper practice or infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
4. Use of Name.
You hereby grant to Aipraiser.com the right to include Your name, company name, and/or company logo in the client directory, in advertisements for Company and its products, and in press releases or news articles promoting Company's product and services.
5. User Communication.
Aipraiser.com reserves the right to send service e-mails notifying You of operational or other changes that may affect or change the Website offered by Aipraiser.com. Please note that You should not opt-out of such service emails because these service e-mails provide information critical for the operation of the Website. If You attempt to opt-out, choose to disregard such notices, or opt-out in any way, it is no longer the responsibility of Aipraiser.com to provide You with such notifications or service information. YOU HEREBY GRANT COMPANY EXPRESS WRITTEN PERMISSION TO SEND YOU FAX AND/OR EMAIL NOTIFICATIONS, SOLICITATIONS, OR ADVERTISEMENTS, THUS SATISFYING ANY EXPRESS WRITTEN PERMISSION REQUIREMENT.
6.1 Term and Termination.
This Agreement shall become effective upon Your acceptance of the terms and conditions contained herein and shall continue until terminated in writing and sent to Company at the listed corporate address at 27121 137th Ave SE, Kent, WA 98042.
6.2 Termination by Company.
Aipraiser.com reserves the right to terminate this Agreement for any breach of the provisions hereof or the provisions of the Agreement, as determined by Aipraiser.com at its sole discretion. Aipraiser.com shall have no obligation to refund any of appraiser fees due to any early termination of this Agreement.
Aipraiser.com reserves the right to amend the Website licensed and provided and add, delete, suspend or modify the terms and conditions of use of the Website at any time and to determine whether and when, at its sole discretion, any such changes apply to existing or future Users.
8. Disclaimer of Warranties.
You understand that the Internet and other various networking communication mediums are not secure unless explicitly specified as such, and may be subject to interception or loss. The company makes no representations or warranties of any kind, EXPRESS, implied or statutory, concerning the data or information available through the Website or the Internet. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS.
AIPRAISER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SOFTWARE WILL MEET USER'S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR.
9. Limitation of Liability.
IN NO EVENT WILL AIPRAISER.COM BE LIABLE TO THE USER FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR RELATED TO (I) THE SERVICES, (II) YOUR USE OF ANY DATA, INFORMATION OR THIRD PARTY SOFTWARE AVAILABLE THROUGH (III) THIS AGREEMENT OR (IV) USER'S WEBSITE REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT OR STRICT LIABILITY CLAIMS. IN ADDITION, AIPRAISER.COM SHALL HAVE NO LIABILITY OF ANY KIND OR NATURE TO THE USER ARISING OUT OF OR RELATED TO THE USER'S USE OF OR INABILITY TO USE THE USER'S WEBSITE OR ACCOUNT. IN THE EVENT THAT AIPRAISER.COM IS LIABLE TO THE USER FOR ANY LOSS ARISING OUT OF OR RELATED TO THE WEBSITE, THIS AGREEMENT OR USER'S WEBSITE, THE COMPANY'S AGGREGATE LIABILITY TO THE USER WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
9.2 No Liability for Unauthorized Use or Access.
User is solely responsible for ensuring that each password for User's account is utilized only by User or, if applicable, by User's authorized, employees and agents. Aipraiser.com shall have no liability for any loss, claim, damage, or other liability that may arise from the unauthorized use of a password. If a password is lost or stolen or if You have reason to believe that Your account is no longer secure for any reason, it is Your responsibility to notify Aipraiser.com of such loss or theft so that the password can be deactivated and a new password assigned. Aipraiser.com will use all reasonable efforts to effect password deactivation requests promptly.
10. Payment for Appraisals
Aipraiser.com can pay appraisers for the work they completed for a lender or AMC, and will not be made until the AMC or Lender pays for the appraisal through Aipraiser.com. If a lender has direct access to ACH or checks payments for the appraisal to the appraiser, then no payment shall be made to the appraiser for appraisal services provided through Aipraiser.com on behalf of a Client. Aipraiser.com provides the Website to lenders to manage their appraisal process and transfers all invoices uploaded to the lender daily. It is the lender's responsibility to pay You, the appraiser, and not Aipraiser.com’s responsibility unless otherwise authorized. Calls, emails, or communications to Aipraiser.com in regards to appraisal payments will not be responded to as we have no ability or knowledge about the accounts payable process of our lending customers. You must contact the lender for any accounts payable questions regarding appraisal work that You complete.
You agree to indemnify and hold Aipraiser.com harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third party due to or arising out of or in connection with or resulting from Your participation in the use of the Website and or any information, including, but not limited to, the information provided by Aipraiser.com. The information, Website, products, and services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Aipraiser.com, its affiliates, and/or its respective suppliers may make improvements and/or changes to the Website at any time. In no event shall Aipraiser.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Aipraiser.com Website.
12. Force Majeure.
Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such party, including without limitation, acts of God, strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, fire, communication line failures, power surges or failures, earthquakes or other disasters; provided, however, that such force majeure event shall only provide an exception to the obligations under this Agreement for a period of up to sixty (60) days.
13. Governing Law.
This Agreement shall be construed and governed by the internal laws of the State of Washington, U.S.A., excluding the application of its choice-of-law principles. Aipraiser.com may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of the company pending the completion of litigation or settlement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by Aipraiser.com, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement sets forth the entire understanding and agreement between You and Aipraiser.com with respect to the subject matter hereof.
15. Usage Data.
Aipraiser.com provides this Website for any Lender, AMC, Individual, or Appraiser for business purposes of needing to order or provide appraisal services. The Website may be used only by authorized Company employees, contractors, clients, services, and other users specifically authorized by Aipraiser.com to do so. By using the Website, You are subject to having your activities monitored and recorded by Aipraiser.com for business and other lawful purposes, including those to ensure authorized access to Aipraiser.com information assets. By using this Website, You explicitly consent to the terms of this notice, including monitoring and recording. Evidence of unauthorized use collected during monitoring and recording may be provided to law enforcement officials.
16. Modifications to Terms of Service and Other Policies.
Aipraiser.com reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Website or the Aipriser.com user Network, at any time, by posting the new agreement to the site located at Aipraiser.com/terms (or such other URL as Company may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) You accept updated terms online, or (ii) You continue to use the Service after Aipraiser.com has posted updates to the Agreement or to any policy governing the Website.
User may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Aipraiser.com. Aipraiser.com's rights and obligations hereunder will bind and inure to the benefit of its successors and assigns.
18. No Waiver.
Neither the failure nor the delay of Aipraiser.com in exercising, enforcing, or taking action against You with respect to any of Aipraiser.com's powers or rights shall operate as a waiver of such powers or rights. No single or partial exercise by Aipraiser.com of any of its powers or rights will preclude v from exercising such powers and rights in the future or from exercising other powers and rights.
19. Section Headings.
The headings of sections in this Agreement are provided for convenience only and will not affect the construction of the sections.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT THAT YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS LICENSE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND AIPRAISER.COM AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL, OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. YOU ALSO AGREE THAT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE APPLY TO YOUR USE OF THE WEBSITE, SHOULD YOU CHOOSE TO PROCEED WITH THE USE AND IMPLEMENTATION OF THE WEBSITE.
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