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Thursday, March 22nd 2018

AllFHAAppraisers.com Terms of Use

Welcome to the AllFHAAppraisers.com Website. The mission of AllFHAAppraisers.com is to represent the needs of appraisers on the Department of Housing & Urban Development’s FHA approved appraiser roster (the Community). The FHA approved appraiser roster pertains to all states of the United States of America. This website is intended to provide marketing exposure for the Community, to develop contacts for the Community, and to share information among people worldwide, pursuant to the Terms of Use set forth below. By using our Services, and accompanying Website, whether as a visitor or as a registered Member, you are agreeing to use our Services in a manner consistent with these Terms of Use.


1. Modification of Terms of Use
AllFHAAppraisers.com may change these Terms of Use, at its discretion, and shall update these Terms of Use accordingly of such changes.
2. Privacy Statement
We may gather information about you through our Website in three ways. We may collect and store personally identifiable information (such as your name, phone number, address, e-mail address, etc) that you provide to us through this website. Public record data has been collected and utilized by us in preparing the free listings of all FHA approved appraisers who appear in this directory. We may collect and store information about your visit to this site in collective or aggregated data that does not identify you specifically. We may also collect and store information through the use of "cookies.” The information we collect is used to maintain accurate account records for you, to help us in the development of services to enhance our Website, to market services and products, and to help us address your needs in relation to our Website. An example of the use of cookies may include our use of third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
We will NOT sell, trade, rent, share, or otherwise distribute information submitted to parties unrelated to AllFHAAppraisers.com. We will not intentionally monitor or disclose any private data unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.
AllFHAAppraisers.com reserves the right to modify this Privacy Statement from time to time and to make such modifications effective when posted here. Continued use of this Website after any such modifications constitutes your acceptance of and consent to such changes.
Although not required to by law, AllFHAAppraisers.com does offer a process for opting out of our website. To inquire about this service please send us a message requesting opt-out information, using the contact form found on the Contact Us page of AllFHAAppraisers.com.
3. Eligibility
Membership is open to any appraiser or appraisal business located in the United States of America or its territories who: 1) holds a current license in good standing with at least one state; 2) has at least one FHA-approved appraiser within its company; 3) has current errors & omissions insurance and can provide proof of same if so required by the appraiser’s home state; 4) can typically deliver completed appraisals within no more than five days after inspection; and 5) has read and agrees with these Terms of Use. Membership in AllFHAAppraisers.com or the AllFHAAppraisers.com Directory is void where prohibited. By using this Service and accompanying Website, you represent and warrant that you have the right, authority, and capacity to enter into and to abide by all of the Terms of Use of said Service and accompanying Website.
4. Registration
Registration assumes that the users have read, understood and accepted the Terms of Use (including modifications thereto without any prior notice to the AllFHAAppraisers.com Members).
5. Member Registration Data
As part of the Member Registration process, you will provide contact information and a business description, all of which must be accurate and up-to-date. To register, you should first search for your free listing, then select the “Claim Listing” button on your free listing page. You will have the opportunity to update your free listing to correct any errors or outdated information as part of the registration process. Appraisers must maintain current license and FHA approved appraiser status in order to register to and remain an active member of the Directory.
When your registration is complete, you will be provided with a login and a password. You are responsible for maintaining the confidentiality of your login, password, and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by a third-party. You shall notify AllFHAAppraisers.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your login and/or password.
Likewise, you may not use another member’s login without such person's authorization. Additionally, any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for termination of your account, at the sole discretion of AllFHAAppraisers.com, and AllFHAAppraisers.com may refer such information to appropriate law enforcement agencies. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in termination of your account.
6. Subscription Services
The Service is a subscription-based service offered by AllFHAAppraisers.com. Members may post, edit, and/or delete their information as allowed under their chosen Membership Level. Free listing members cannot add information beyond the limited information already included for free.
7. Content Posted on the Website
You understand and agree that AllFHAAppraisers.com may delete any content, messages, or photos (collectively, "Content") that in the sole judgment of AllFHAAppraisers.com violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. By posting Content to any public area of AllFHAAppraisers.com, you automatically grant, and you represent and warrant that you have the right to grant, to AllFHAAppraisers.com, and other AllFHAAppraisers.com Directory Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a non-exhaustive list of Content that is prohibited or illegal on AllFHAAppraisers.com. AllFHAAppraisers.com will investigate and take appropriate legal action in its sole discretion against anyone who violates these Terms of Use, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators without a refund or deleting / blocking any profiles. Unacceptable "Content" shall include, but shall not be limited to:
Material that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; any content, messages, photos or profiles that in the sole judgment of AllFHAAppraisers.com violates the Usage Terms of Use or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members or AllFHAAppraisers.com; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated articles, news stories and/or submissions, computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales beyond the scope of the reasonably allowable usage of the various Member marketing features of the Website without our prior written consent such as contests, sweepstakes, barter, pyramid schemes, or any other content that is deemed to be illegal or of a prohibitory nature; uploading or providing links to obscene/pornographic/vulgar/provocative pictures or textual material; transmitting obscene/pornographic/vulgar/provocative pictures or textual material in E-mails to AllFHAAppraisers.com or Directory Members.
You must use the Service in a manner consistent with any and all applicable local, state, and federal laws and regulations. You agree not to resell or make any commercial use of the Service without the express written consent of AllFHAAppraisers.com. Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the AllFHAAppraisers.com Website will be investigated, and appropriate action will be taken. Although AllFHAAppraisers.com cannot monitor all activity, it is a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. AllFHAAppraisers.com shall not entertain any enquiries in this regard. AllFHAAppraisers.com reserves the right to use any posted or submitted photos, graphics, and/or text for advertising the AllFHAAppraisers.com Services.
8. Proprietary Rights to Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail distributed, commercially produced information presented to you by AllFHAAppraisers.com or AllFHAAppraisers.com’s suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
9. Member Disputes
You are solely responsible for your interactions with other AllFHAAppraisers.com Members. You agree and undertake that your interactions with the other AllFHAAppraisers.com Members is at your sole discretion and responsibility and that AllFHAAppraisers.com shall not be responsible / liable for confirming the veracity of the content of other AllFHAAppraisers.com Members, except to the extent specifically represented by AllFHAAppraisers.com on this Website. Any action taken by you by virtue of relying on the Service offered by AllFHAAppraisers.com shall be at your sole responsibility.
10. Indemnification
You agree to defend, indemnify and hold harmless AllFHAAppraisers.com, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account and contravention of any Terms of Use herein for availing of this Service, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service and infringement of intellectual property or other rights.
11. Terms
This Agreement shall continue in full force and effect for so long as you are using the Service. AllFHAAppraisers.com may terminate the Service at any time, with or without cause. The provisions of Sections 10, 13, and 14 shall survive any such termination. AllFHAAppraisers.com reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. AllFHAAppraisers.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
12. Disclaimer of Warranties
AllFHAAppraisers.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the AllFHAAppraisers.com Service, whether caused by users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the AllFHAAppraisers.com Service whether online or offline. AllFHAAppraisers.com does not guarantee the information posted on the Website, nor does AllFHAAppraisers.com confirm the authenticity of the postings. Under no circumstances will AllFHAAppraisers.com be responsible for any loss or damage resulting from anyone's use of the Website or the Service and/or any content posted on the AllFHAAppraisers.com Website or transmitted to AllFHAAppraisers.com Members. AllFHAAppraisers.com does not warrant the validity of the information included in our Website.
The AllFHAAppraisers.com Website and the information contained herein are for informational purposes only. Our Website is for providing information to users in need of an FHA-approved real estate appraiser. AllFHAAppraisers.com does not recommend or endorse any appraiser listed on this Website nor does it assume any liability for the product or service or the quality of the work itself performed by those listed in the Directory or any other portion of this Website, nor for any advice or content of any material provided on any individual appraiser website. AllFHAAppraisers.com relies on information and statements provided by subscribing Members to the Directory, and does not independently verify, guarantee, or assume liability for the accuracy of listing, Directory, or other information provided by Members. AllFHAAppraisers.com does not warrant the successful outcome, completion, or suitability of any appraisal service arranged or contracted based on information contained in this Website or involving any appraiser listed in the Directory. The use of this Website does not create an appraiser-client relationship, does not constitute advice or recommendations pertaining to the appraisal of any property or to the employment of any appraiser or appraisal company, and does not make AllFHAAppraisers.com a party to any arrangements made between any parties utilizing this website, including any arrangements made between a Website user and Directory Member.
You expressly agree that the use of the Service and/or accompanying Website is at your sole risk. The Service is provided on an "as is" and "as available" basis. AllFHAAppraisers.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. AllFHAAppraisers.com makes no warranty the Services will meet your requirements, or the Services will be uninterrupted, timely, secure, or error free; nor does AllFHAAppraisers.com make any warranty as to the results that may be obtained through the Service or that defects in the software will be corrected. You understand and agree any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data. AllFHAAppraisers.com makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, which you obtain from AllFHAAppraisers.com or through the Service shall create any warranty not expressly made herein.
You acknowledge that the AllFHAAppraisers.com Website may contain links to other websites operated by third parties ("linked websites"). You acknowledge that AllFHAAppraisers.com and its sponsors neither endorse nor are affiliated with the linked website and are not responsible for any content of any linked website or any link contained in a linked website, or any changes or updates to such websites. You also acknowledge that AllFHAAppraisers.com is providing these links to you only as a convenience.
AllFHAAppraisers.com does not endorse in any way any advertiser’s contents on its web pages. Please therefore verify the veracity of all information on your own before undertaking reliance and actioning thereupon. AllFHAAppraisers.com shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.
13. Limitation of Liability
AllFHAAppraisers.com shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement or for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an AllFHAAppraisers.com Service/Website, even if AllFHAAppraisers.com has been advised of the possibility of damages. You specifically agree that AllFHAAppraisers.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that AllFHAAppraisers.com is not responsible for any content sent using and/or included in an AllFHAAppraisers.com Service/Website by any third party. This Website contains advertising, and AllFHAAppraisers.com assumes no responsibility for the accuracy or completeness of any advertising on this Website. Members are responsible for the all content of and truthfulness in their advertising, and AllFHAAppraisers.com will not be responsible for any error, inaccuracy, or untruthfulness in any advertiser’s, Member’s, or sponsor’s materials. Any Directory listing, article, promotion, special, classified ad, or other content supplied by a Member or user for inclusion on this Website may be edited, modified, or updated at any time and for any reason at the discretion of AllFHAAppraisers.com. Unless it has been renewed, an expired listing may be removed at any time at the discretion of AllFHAAppraisers.com. New Directory listings, articles, classified ads, specials, banner ads, or other submissions may appear immediately or may be subject to approval and a delay of up to three business days prior to appearing in the Website, at the discretion of AllFHAAppraisers.com. The submitter of any submission that is not approved will be sent an email with an explanation of necessary changes required prior to approval. The fees for any listing that cannot be approved will be refunded.
14. Miscellaneous
This agreement will be governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 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. AllFHAAppraisers.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between you and AllFHAAppraisers.com.