Last Revised: August 24, 2020
Welcome to Eval.com, Inc.’s online platform for the ordering and provision of real estate evaluations, appraisals and other valuation services. The following terms and conditions form a legal contract (“Agreement”) between Eval.com, Inc. (“Eval.com”) and users of the platform regarding access and use, including all software, data, information, report templates and vendor listings made available by Eval.com in the platform (collectively referred to as the “Order Platform”). Your acknowledgment whether electronically on Eval.com’s website or via any other means, or your use of the Order Platform constitutes your agreement to the terms and conditions of this Agreement in its entirety. "You" and "your" and "yours" in this Agreement refer to the individual using the Order Platform under the license granted in section 1 below and to any organization or business on whose behalf the person may use the Order Platform.
In exchange for payment of all fees due pursuant to Eval.com’s currently published fee schedule applicable to placement or receipt of orders, you are granted a nonexclusive, nontransferable, limited license to access and use the Order Platform in accordance with this Agreement for purposes directly related to the ordering or provision of services through the Order Platform. Any other use of the Order Platform is prohibited without the prior written consent of Eval.com.
Under this Agreement and the license granted above, you may:
Unless you have obtained Eval.com’s prior written consent, you may not:
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the Order Platform and to data, information, report templates and vendor listings made available in the Order Platform are the property of Eval.com. You may not copy, use or distribute any data, information, report templates or vendor listings in the Order Platform or otherwise made available by Eval.com for any purpose other than using the Order Platform for the permitted purposes described in section 1 above.
Data, information, report templates, vendor listings and software features may be added to or withdrawn from the Order Platform at Eval.com’s sole discretion and can be changed without notice. Eval.com does not guarantee continuous, uninterrupted access to the Order Platform, and operation of the Order Platform may be interfered with by factors both within and outside of Eval.com’s control. Eval.com reserves the right to modify or discontinue the Order Platform or any portion thereof with or without notice to any user and shall not be liable to any user or other party if it exercises its right to discontinue the Order Platform. Eval.com may terminate this Agreement and your license to use the Order Platform at any time in its sole discretion.
In ordering or providing services through the Order Platform, you represent and agree that:
The relationship of Eval.com to users of the Order Platform is as a provider of online software services. Eval.com is not an agent or representative of you or any other user in connection with ordering, management or provision of evaluations, appraisals or other valuation services or with respect to the vendors supplying such services through the Order Platform. Eval.com is not, and does not act in the capacity of, an appraisal management company and does not provide appraisal management services as defined under state appraisal management company laws or under federal law (12 U.S.C. 3350(11)).
Eval.com, and its officers, directors, employees, attorneys and advisors (collectively, its “Personnel”) do not provide legal or other professional advice to users of the Order Platform, and no information communicated by Eval.com or its Personnel shall be construed as legal or other professional advice. When legal or other professional advice is required, you should seek the services of your own attorneys and advisors.
Eval.com may, from time to time, retain and use certain data pertaining to your use of the Order Platform, including, but not limited to, performance data, operating data, observations about product type, pricing and other data. This data (in aggregated or in non-personally identifiable form) may be used by Eval.com both internally and within one or more products or services. Public data related to your individual and business identity, and your participation as an Order Platform user may be shared to facilitate business transactions. Eval.com’s use of the data described in this section shall be consistent with applicable privacy and confidentiality laws and regulations.
THE ORDER PLATFORM IS PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVAL.COM DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PLATFORM, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS PERFORMANCE, OR THE RESULTS OBTAINED BY USING THE PLATFORM. EVAL.COM DOES NOT WARRANT THAT THE ORDER PLATFORM IS FREE FROM BUGS, ERRORS OR OTHER DEFECTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVAL.COM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, BUSINESS PROFITS, BUSINESS INTERRUPTION OR ANY OTHER LOSS) (COLLECTIVELY "LOSSES") ARISING OUT OF YOUR USE OF THE ORDER PLATFORM, EVEN IF A REPRESENTATIVE OF EVAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, AND REGARDLESS OF WHETHER LOSSES ARE SUFFERED BY YOU OR ANY OTHER THIRD PARTY. IN ANY EVENT, EVAL.COM'S ENTIRE LIABILITY FOR ANY LOSS SHALL BE LIMITED TO $100.00. YOU AGREE THAT THE FOREGOING REPRESENTS A FAIR ALLOCATION OF RISKS HEREUNDER AND IS A MATERIAL INDUCEMENT FOR EVAL.COM TO OFFER THE ORDER PLATFORM AND MAKE IT AVAILABLE FOR YOUR USE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY JURISDICTION WHERE THE EXLCUSION OR LIMITATIONS ON THE TYPE AND/OR AMOUNT OF LOSSES DO NOT APPLY, EVAL.COM'S LIABILITY FOR LOSSES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH JURISDICTION'S LAWS.
Any user of the Order Platform will indemnify, defend and hold harmless Eval.com and its officers, directors, employees, attorneys and advisors (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) such user’s ordering, use or provision of services through the Order Platform, or (ii) any breach of this Agreement; provided, however, that in the event any such Damages are primarily caused by the gross negligence or willful misconduct of Eval.com, these indemnification obligations will not apply.
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 Eval.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 Eval.com with respect to the Order Platform and its access and use.
Eval.com may revise the terms and conditions of this Agreement from time to time, on a prospective basis, by posting the most up-to-date revision on its website. By using or continuing to use the Order Platform, you agree to be bound by the revised terms and conditions.
You represent and warrant to Eval.com that you have the authority, right and power to make this Agreement on behalf of any company, firm or institution with which you are affiliated.
This Agreement shall be construed and governed under the laws of Wyoming without reference to its conflicts of laws principles. The parties hereby agree and consent to the exclusive jurisdiction and venue of the federal and state courts in Wyoming for resolution of all disputes between the parties arising under this Agreement.
Neither the failure nor the delay of Eval.com in exercising, enforcing or taking action against you with respect to any of Eval.com's powers or rights shall operate as a waiver of such powers or rights. No single or partial exercise by Eval.com of any of its powers or rights will preclude Eval.com from exercising such powers and rights in the future or from exercising other powers and rights.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The headings of sections in this Agreement are provided for convenience only and will not affect the construction of the sections.