AGREEMENT BETWEEN USER (“you”, “Your”, etc) AND NationalAppraiserRoster.com (the “Web Site”)
The NationalAppraiserRoster.com website is comprised of various Web pages operated by National Appraiser Roster, LLC.
The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to be bound by the terms and conditions of this agreement, you should not access or use this Web Site.
1. Appropriate Conduct and Prohibited Uses
§ Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission;
§ defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
§ upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
§ upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
§ upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
§ download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
§ impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
§ restrict or inhibit any other user from using and enjoying the Web Site;
§ use services for any illegal or unauthorized purpose;
§ interfere with or disrupt services or servers or networks connected to The Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to The Web Site;
§ use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose;
§ submit Content that falsely expresses or implies that such Content is sponsored or endorsed by The Web Site;
§ create user accounts by automated means or under false or fraudulent pretenses;
§ promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
§ transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
§ Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from The Web Site. This includes among other activities, using "framing", "scraping", "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without express written permission.
§ Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.
2. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. NationalAppraiserRoster.com does not warrant or verify the claims made by the individual advertisers. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK.
3. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NationalAppraiserRoster.com website, you warrant to the Web Site that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
4. LINKS TO THIRD PARTY SITES
The Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the Web Site and the Web Site is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Web Site is not responsible for webcasting or any other form of transmission received from any Linked Site. The Web Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Web Site or National Appraiser Roster, LLC of the site or any association with its operators.
5. USE OF COMMUNICATION SERVICES
The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
§ Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
§ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
§ Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
§ Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
§ Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
§ Conduct or forward surveys, contests, pyramid schemes or chain letters.
§ Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
§ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
§ Restrict or inhibit any other user from using and enjoying the Communication Services.
§ Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
§ Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
§ Violate any applicable laws or regulations.
The Web Site has no obligation to monitor the Communication Services. However, the Web Site reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Web Site reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Web Site reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Web Site’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Web Site does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Web Site specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NationalAppraiserRoster.com spokespersons, and their views do not necessarily reflect those of NationalAppraiserRoster.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
6. MATERIALS PROVIDED TO NationalAppraiserRoster.com OR POSTED AT ANY NationalAppraiserRoster.com WEB SITE
The Web Site does not claim ownership of the materials you provide to the Web Site (including feedback and suggestions) or post, upload, input or submit to the Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Web Site, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Web Site is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Web Site's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
7. LIABILITY DISCLAIMER
THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Web Site MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. INFORMATION RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NationalAppraiserRoster.com MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED Data CONTAINED ON THE WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES AND RELATED DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The WEB SITE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES AND RELATED DATA, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. SERVICE CONTACT
9. TERMINATION/ACCESS RESTRICTION
NationalAppraiserRoster.com reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jackson County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NationalAppraiserRoster.com or affiliated web sites as a result of this agreement or use of the Web Site. NationalAppraiserRoster.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NationalAppraiserRoster.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by the Web Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NationalAppraiserRoster.com with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NationalAppraiserRoster.com with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
11. COPYRIGHT AND TRADEMARK NOTICES
All contents of the NationalAppraiserRoster.com website are: Copyright 2014 by National Appraiser Roster LLC. All rights reserved.
12. DMCA Copyright Policy and Copyright Agent
NationalAppraiserRoster.com respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content contained on the Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
§ 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.
§ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
§ Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
§ 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
National Appraiser Roster, LLC
PO Box 1634
Jackson, MI 49204
Note: The Web Site is not responsible for any information contained on any Linked Site. If you discover information on a Linked Site that you believe infringes upon your copyrights, you must contact the individual website.
13. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NATIONALAPPRAISERROSTER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE WEB SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.