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 CONSUMER NOTICE - PLEASE READ PRUDENTLY TO CERTIFY YOU COMPREHEND AND AGREE TO THE TERMS SET FORTH HEREIN WHEN YOU ACCESS THE SOFTWARE (AS DEFINED HEREIN).
THIS CONTRACT ESTABLISHES A REQUIRED AGREEMENT AMID AIPRAISER.COM® (THE "COMPANY") AND THE CUSTOMER ("OPERATOR", "APPRAISER", "INVESTOR", "AMC" YOU" OR "YOUR"). ANALYSIS AND APPROVAL OF THIS USER AGREEMENT (THE "AGREEMENT") THROUGH VALIDATION OF YOUR PRIVATE OR FIRM INFORMATION, USE OR ENTRANCE TO THE WEBSITE (THE "WEBSITE") OR USE OF ANY INFO COMPRISED THEREIN IS THOUGHT ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU REPRESENT AND WARRANT TO COMPANY. THAT YOU ARE AN AUTHORIZED PERSON OF THE APPRAISAL COMPANY THAT YOU PROVIDE. AFTER STUDYING THE TERMS AND CONDITIONS STATED BELOW, PLEASE ALLOW YOUR AGREEMENT BY CLICKING ON "I ACCEPT OR AGREE," OR THAT YOU DECLINE THIS AGREEMENT BY CLICKING ON "I DO NOT LIKE" AT THE ENDING OF THIS FOLDER.
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 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, worker, or else linked party to the Firm. Fees will be paid by Lenders, Appraisers, or AMCs to Aipraiser.com to use 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 following the terms and conditions hereof. Any other use of the Software is severely forbidden.
1.2 Reservations of Rights.
You acknowledge that the Software and any accompanying documentation are the Company's proprietary intellectual property and contain material protected by the United States copyright law and trade secret law and 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 might not publish, show, reveal, rent, lease, sublease, modify, loan, distribute, or make copied works based on the Software or any part thereof.
You should not alter engineer, decompile, interpret, publicize, or strip the Software, nor shall you control the source code from the object code for the Software.
You will not transfer the Software over any network or amid any devices, though 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 the 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, attributes, service marks, or designs linked to Company and/or the Marks are the intellectual property of Firm and are sheltered by the United States copyright laws, trademark laws, trade secret laws, international treaties and applicable laws of the states and authorities where they are used.
This Agreement does not grant you any ownership rights in the Marks or 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, and organization, and the website's code format 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 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 deferred owing to non-payment that shall not establish elimination from the appraiser list for the respective lenders and no official announcement 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 must provide repayment of the appraisal approval fee ("Refund") if, and only if, the appraisal is negated or reassigned by the mortgagee. If you accept an order and then reject it for any reason, no fees will be refunded. The appraiser must request refunds 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 fulfilment.
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 following all applicable laws and regulations, (ii) to the extent reasonably applied, use the application to get appraisal briefings, (iii) promptly respond to all requests from Company customer support and clients, (iv) punctually update credit card and fee schedule info or pay for all orders accepted and services offered, (v) not make false, derogatory, or misleading representations to any party concerning Aipraiser.com or any product or service provided, and (vi) not contribute or involve in any unlawful, misleading, ambiguous, unprincipled or inappropriate practice or trespass any third party's copyright, patent, attribute, trade secret or other registered 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 the Company and its products, and press releases or news articles promoting the company's product and services.
5. User Communication.
Aipraiser.com reserves the right to send service emails 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 emails provide information critical for the website's operation. 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 ALLOW FIRM EXPRESS WRITTEN AUTHORIZATION TO SEND YOU FAX AND/OR EMAIL NOTICES, SOLICITATIONS, OR ADS, THEREFORE SATISFYING ANY EXPRESS WRITTEN PERMISSION CONDITION.
6.1 Term and Termination.
This Contract shall convert effective upon your approval of the terms and conditions confined herein and shall endure till finished in writing and sent to Firm at the listed business 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 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 regulate whether and when, at its solitary decision, any such alterations relate to existing or upcoming consumers.
8. Disclaimer of Warranties.
You comprehend that the Internet and other numerous networking communication channels are not safe unless openly stated 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 BROUGHT ON AN "AS IS" GROUNDS.
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 COME ACROSS CONSUMER'S NECESSITIES OR WILL CONSTANTLY BE ACCESSIBLE, AVAILABLE, NONSTOP, WELL-TIMED, SAFE OR OPERATE WITHOUT ERROR.
9. Limitation of Liability.
IN NO EVENT WILL AIPRAISER.COM BE LIABLE TO 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 CONNECTED TO (I) THE SERVICES, (II) YOUR USE OF ANY INFORMATION, INFO OR THIRD PARTY SOFTWARE AVAILABLE THROUGH (III) THIS CONTRACT OR (IV) CONSUMER'S WEBSITE IRRESPECTIVE OF THE NATURE OR ORIGIN OF THE CLAIM COMPRISING, BUT NOT LIMITED TO, OFFENCE, CONTRACT OR STRICT LIABILITY CLAIMS. Also, AIPRAISER.COM SHALL HAVE NO LIABILITY OF ANY KIND OR NATURE TO USER ARISING OUT OF OR RELATED TO USER'S USE OF OR INABILITY TO USE USER'S WEBSITE OR ACCOUNT. If AIPRAISER.COM IS LIABLE TO USER FOR ANY LOSS ARISING OUT OF OR RELATED TO THE WEBSITE, THIS AGREEMENT OR USER'S WEBSITE, COMPANY'S AGGREGATE LIABILITY TO CONSUMER WILL IN NO EVENT SURPASS 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 absent or stolen or if You have the motive to believe that Your account is no longer protected for any reason, it is Your accountability to inform Aipraiser.com of such loss or theft so that the password can be disabled and a new password can be given. 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.
The lender's responsibility is to pay you, the appraiser, and not Aipraiser.com's responsibility unless otherwise authorized. Calls, emails, or communications to Aipraiser.com regarding 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 info, Website, products, and facilities may comprise imprecisions or typographical mistakes. 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 will be accountable for postponements or letdown in performance resulting from acts beyond the control of such party, counting without limitation, acts of God, raids, lockouts, riots, acts of conflict, acts of violence, epidemics, fire, communication line letdowns, power flows or failures, earthquakes or other tragedies; provided, however, that such force majeure event shall only provide exclusion to the duties 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 might seek any temporary or initial relief from a court of the competent authority in Seattle, Washington, essential to defend the Company's rights or property pending the conclusion of litigation or settlement.
If any provision of this Agreement is detained to be unacceptable or unenforceable, such provision shall be missed, and the enduring 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 concerning 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. 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. Using this Website, You explicitly consent to the terms of this notice, including monitoring and recording. Signs of illegal use collected during observing and recording may be provided to law implementation officials.
16. Alterations to Terms of Service and Additional 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 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 concerning any of the 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 exercising other powers and rights.
19. Section Headings.
The titles of sections in this Agreement are provided for suitability only and will not affect the units' structure.
YOU ADMIT THAT YOU HAVE READ THIS AGREEMENT THAT YOU COMPREHEND IT AND DECIDE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ALLOW THAT THIS LICENSE ESTABLISHES THE WHOLE AGREEMENT BETWEEN YOU AND AIPRAISER.COM AND SUCCEEDS ANY SUGGESTION OR PRIOR AGREEMENT, ORAL, OR WRITTEN, AND ANY ADDITIONAL COMMUNICATIONS BETWEEN US LINKING TO THE SUBJECT MATTER OF THIS AUTHORIZATION.
YOU ALSO APPROVE THAT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE RELATE TO YOUR USE OF THE WEBSITE, SHOULD YOU SELECT TO PROCEED WITH THE USE AND EXECUTION OF THE WEBSITE.
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