Conditions of Use

IMPORTANT LEGAL NOTICE

 

ATTENTION: This legal notice applies to the entire contents of the website under the domain name AFFLUENTAPPRAISALS.COM (the "Website") owned by run by Phoebe Seward and Affluent Appraisals (the "Company") and to any correspondence by e-mail between the Company and you (the "User").

Please read these terms carefully before using the Website. Using the Website indicates that Users accept the Conditions of Use and the Privacy Policy regardless of whether or not they choose to register. If Users do not accept these terms, they must not use the Website.

1.  INTRODUCTION

1.1  By accessing any part of the Website, Users shall be deemed to have accepted the Conditions of Use and the Privacy Policy in full. If Users do not accept these terms, they must leave the Website immediately.

1.2  The Company maw revise the Conditions of Use at any time by updating this posting. Users should check the Website from time to time to review the then current Conditions of Use, because it is binding on them. Certain provisions of the Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

1.3  The Conditions of Business shall apply to any provision of services by the Company requested, entered into through the Website. [Please click here for Conditions of Business.]

1.4  The Conditions of Use and the Privacy Policy shall be incorporated into the Conditions of Business. To the extend there is a conflict between any term of the Conditions of Use or the Privacy Policy and any express term of the Conditions of Business or any the relevant term of the Conditions of Business or agreement shall prevail.

2.  LICENSE

2.1  The Company grants non-exclusive, non-transferable, limited right to access, use and display materials on the Website. Users cannot download (other than page catching) or modify the Website or any portion of it, except with express written consent of the Company. The Website or any portion of it may not be reproduced, duplicated, sold, resold or otherwise exploited for any commercial purpose without prior express written consent. This license does not include any resale or commercial use of the Website or its contents.

2.2  The Company owns, controls or licenses and has the right to use the material on the Website. All content included on the Website, such as text, graphics, logos, button icons, images, downloads, data compilations, software and coding is the property of the Company and its licensors.  The compilation of all content on the Website is the exclusive property of the Company and is protected by United States and international copyright and database right laws. For the purpose of the Conditions of Use, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If Users breach any of the terms of these Conditions of Use, their permission to use the Website automatically terminates and they must immediately destroy any downloaded or printed extracts from the Website.

2.3  Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

2.4  Any rights not expressly granted in these terms are reserved.

3.  SERVICE ACCESS

3.1  While the Company endeavors to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2  Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

3.3  The Company reserves the right to change the contents, layout, design, suspend and/or discontinue the Website at any time and for any period.

4.  USERS MATERIAL AND CONDUCT

4.1  The Company welcomes Users to give feedback, comments and such. By posting comments, sending messages, data, information, content or material to the Website, Users grant the Company a perpetual worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use such material.  The Company shall have no obligations with respect to such material.  The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied there in for any and all commercial or non-commercial purposes.

4.2  Users are prohibited from posting or transmitting to or from the Website any material:

(a)  that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b)  for which they have not obtained all necessary licenses and/or approvals; or
(c)  which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, otherwise be contrary to the law of or infringed the rights of any third party, in any country in the world; or
(d)  which is technically harmful (including, without limitations, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3  Users may not misuse the Website (including, without limitations, by hacking).

4.4  Users may not use the Website in any way in connection with any illegal purpose, in the commission of a criminal offense or any other unlawful activity.

4.5  The Company shall fully co-operate with any law enforcement authorities or court order requesting or direction the Company to disclose the identity or locate anyone who may be in breach of clause 4.2, clause 4.3, or clause 4.4.

5.  LINKS TO AND FROM OTHER WEBSITES

5.1  Links to third party websites on the Website are provided solely for Users convenience. If Users use these links, they leave the Website.  The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained form using them. If Users decide to access any of the third party websites linked to the Website, they do so entirely at their own risk.

5.2  If Users would like to link to the Website, they may only do so on the basis that they link to, but do not replicate, the homepage of the Website, and subject to the following conditions:
(a) they do not remove, distort or otherwise alter the size or appearance of the AffluentAppraisals.com logo;
(b) they do not create a frame or any other browser or border environment around the Website;
(c) they do not in any way imply that the Company is endorsing any products or services other than its own;
(d) they do not mis represent their relationship with the Company nor present ay other false information about the Company;
(e) they do not otherwise use any trade marks of the Company without express written permission from the Company;
(f) they do not link from a website that is not owned by them;
(g) their website doe snot contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations; and
(h) they do not use the link in connection with any purpose which would be in breach of the Conditions of Use.

5.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 Each User shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

6. DISCLAIMER

6.1 While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website.  The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes not commitment to update such material.

6.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.  Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for the Conditions of Use, might have effect in relation to the Website.

7. LIABILITY 

7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, share holders or agents of any of them, shall not be liable or responsible for any amount or kind of loss or damage that may result to Users or third parties (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, or whether in tort (including with limitation negligence), contract or otherwise, in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any website linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect their computer equipment, software, data or other property on account of their access to, use of, or browsing the Website or their downloading of any material from the Website or any website linked to the Website.

7.2 Nothing in the Conditions of Use shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.

7.3 If a User's use of material on the Website results in the need for servicing, repair or correction of equipment software data, the User shall assume all costs thereof.

8. RIGHTS OF THIRD PARTIES

8.1 No person (except an agent of the Company) who is neither a User nor the Company under the Conditions of User shall have any rights under the Contracts (Rights of Third Parties) to enforce any terms of the Conditions of Use.

9. GOVERNING LAW AND JURISDICTION

The Conditions of Use shall be governed by and construed in accordance with Texas law. Disputes arising in connection with the Conditions of Use shall be subject to the exclusive jurisdiction of the Texas courts.

10. CONTACT THE COMPANY

The Company can be contacted by email at Phoebe@AffluentAppraisals.com