1. TERMS OF USE

Welcome to Brian Ward Appraisal's Terms of Use Agreement ("Agreement"). This is a legal contract between you and Brian Ward Appraisal. Please read the entire Agreement carefully before accessing or using the Brian Ward Appraisal website, affiliate sites, or any information, products, software, services or other features. diego-appraiser.com will provide its services to you only upon your acceptance of this Agreement.

THIS AGREEMENT ESTABLISHES THE TERMS AND CONDITIONS TO WHICH YOU AGREE AND ARE SUBJECT WHEN ACCESSING OR USING BRIAN WARD APPRAISAL'S SITE. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACCEPT ALL ASPECTS OF THIS AGREEMENT. EACH TIME THAT YOU ACCESS OR USE THE BRIAN WARD APPRAISAL WEBSITE, YOU RE-AFFIRM YOUR CONSENT TO THE THEN-EXISTING TERMS OF USE.

Except as otherwise provided, this Agreement applies to all Users or Clients of any service at Brian Ward Appraisal.

2. USE OF TERMS

In this Agreement,

a. "diego-appraiser.com" means "Brian Ward Appraisal" the Internet service operated by "Brian Ward Appraisal".

b. The "Site" and the "Website" refer to the website diego-appraiser.com and any subdomains. For more information on what a subdomain is, please refer to Wikipedia.org (http://en.wikipedia.org/wiki/Subdomain).

c. "Appraiser" means a licensed real estate appraiser, appraisal company or similar appraisal professional.

d. "Affiliate User" means an organization which has established a relationship with Brian Ward Appraisal for the purposes of handling transactions through the Site.

e. "Agent" or "Real Estate Agent" means a real estate broker, sales person, agent, associate broker or similar licensed real estate professional.

f. "Covered Parties refers to Brian Ward Appraisal, its owners and agents.

g. "Homeowner" means a person who owns a residence and may be considering its sale or a person who is actively interested in purchasing a home.

h. "Other" refers to persons other than Appraisers, Real Estate Agents, and Homeowners, including but not limited to attorneys, paralegals, mortgage brokers, mortgage lenders, financial institutions and other entities and individuals.

i. "User" means any user of the Brian Ward Appraisal service, including but not limited to Appraisers, Real Estate Agents, Affiliates, Homeowners, and Others. 

j. "You" refers to any User of the Site.

3. USE OF MATERIAL

a. You are granted a nonexclusive, nontransferable, limited license to access and use the Site in accordance with this Agreement.

b. All right, title, and interest (including all copyrights and other intellectual property rights) in Brian Ward Appraisal (in both print and machine-readable forms) belong to Brian Ward Appraisal. You acquire no proprietary interest in Brian Ward Appraisal. You may not remove or obscure the copyright notice or other notices contained in information, products, and software retrieved from Brian Ward Appraisal or the Site.

c. The contents of Brian Ward Appraisal, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.

d. You must receive express permission from Brian Ward Appraisal if you (a) sell or modify the Material or reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, or create derivative works from Brian Ward Appraisal, which includes the information and software made available therein; (b) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes Brian Ward Appraisal, except to the extent required in order for you to use Brian Ward Appraisal in the manner expressly intended by Brian Ward Appraisal; (c) export or re-export Brian Ward Appraisal in violation of the export control laws and regulations of the United States of America; (d) the use of the Material on any other website or in a networked computer environment for any purpose. Please contact Brian Ward Appraisal regarding these or related matters at webmaster@diego-appraiser.com.

e. If you violate the previous term or any other terms herein contained, Brian Ward Appraisal shall have the right to recover damages from you in an amount equal to (1) three times Brain Ward Appraisal's actual damages or (2) the maximum allowable under the law, whichever is more.

f. In that all data provided by Brian Ward Appraisal is obtained from public records, and other outside sources, Brian Ward Appraisal has used its best efforts but does not make any representations that such data is accurate, and you use this data at your own risk.

g. There is not necessarily a relationship between Brian Ward Appraisal and the third party owners of any websites accessible through hot links in Brian Ward Appraisal, and those third party owners and their licensees retain all right, title and interest (including all copyrights and other intellectual property rights) in such third party websites and the materials available therein.

h. You may provide hot links to Brian Ward Appraisal from locations outside Brian Ward Appraisal provided (a) you link only to the home page www.diego-appraiser.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in Brian Ward Appraisal, (c) you give Brian Ward Appraisal timely notice of such link by sending an e-mail message to webmaster@Brian Ward Appraisal and (d) you discontinue providing hot links to Brian Ward Appraisal if notified by Brian Ward Appraisal.

4. ACCESS TO BRIAN WARD APPRAISAL

a. Information, products, software, services and features may be added to or withdrawn from the Site at Brain Ward Appraisal's sole discretion, and Brian Ward Appraisal otherwise be changed without notice.
b. Brian Ward Appraisal contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Brian Ward Appraisal of the contents of such third-party Web sites. Brian Ward Appraisal is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access the linked third-party Web sites, you do so at your own risk.

5. MODIFICATION OR DISCONTINUATION OF SERVICE

a. Brian Ward Appraisal does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors both inside and outside of our control. From time to time, system maintenance will be necessary, and, under such circumstances, Brian Ward Appraisal will notify its users in advance by posting a message on the Site and/or sending an e-mail notice to registered members' e-mail addresses.

b. Brian Ward Appraisal reserves the right to modify or discontinue the site or any portion thereof with or without notice to any User.

c. Brian Ward Appraisal shall not be liable to any User or other party should Brian Ward Appraisal exercise its right to discontinue the site. 

6. SYSTEM INTEGRITY

a. As a User you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any service being performed by the Site.

b. As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

c. If you are issued a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose.

THE FOLLOWING PARAGRAPH 7 APPLIES TO REAL ESTATE AGENTS, MORTGAGE BROKERS AND MORTGAGE LENDERS USING BRIAN WARD APPRAISAL:

7. RESPONSIBILITIES OF REAL ESTATE AGENTS, MORTGAGE BROKERS AND MORTGAGE LENDERS 

a. By using Brian Ward Appraisal, you as a Real Estate Agent, Mortgage Broker, Mortgage Lender (or the representative of a Real Estate Agent, Mortgage Broker or Mortgage Lender) represent, warrant and agree that you are of legal age and are otherwise capable of forming a legally binding contract;

b. You will not use any service provided by Brian Ward Appraisal to impersonate or portray another person or entity, to communicate under a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice(s). Furthermore, you recognize that fraudulent use(s) of any service provided by Brian Ward Appraisal may subject you to liability.

c. Brian Ward Appraisal is completely independent from you. You and Brian Ward Appraisal are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchiser or other type of relationship and no such relationship(s) are intended nor created by this Agreement.

d. You agree that you, as the client of the report, are ultimately responsible for appraisal fees. You also agree to pay or arrange for payment to Brian Ward Appraisal for all products and services you order in a timely fashion and you furthermore agree that the cancellation of an order by you does not relieve you from the responsibility to pay Brian Ward Appraisal. When an appraisal is canceled, 100% of appraisal fees will be refunded when the appraisal is canceled at least 1 day prior to the inspection, otherwise you agree to pay $50/per hour of the appraiser's time spent which includes all portions of the process from initial correspondence to report delivery. You agree to pay late fees, invoicing fees and interest in the greater of 1.5% per month or the largest amount allowed by law interest on any amounts which are due and owing for more than 30 days.

e. From time to time, Brian Ward Appraisal may assess cancellation fees on any cancelled orders and/or other service fees, according to a schedule which may be published on the Brian Ward Appraisal web site. You agree to pay the full amount of these fees as well as late fees, invoicing fees and interest in the greater of 1.5% per month or the largest amount allowed by law interest on any amounts which are due and owing for more than 30 days.

THE FOLLOWING PARAGRAPH 8 APPLIES TO HOMEOWNERS AND OTHER USERS OF BRIAN WARD APPRAISAL:

8. RESPONSIBILITIES OF HOMEOWNERS

a. By using Brian Ward Appraisal, you as a Homeowner represent, warrant and agree that you are of legal age and are otherwise capable of forming a legally binding contract;

b. You will not use any service provided by Brian Ward Appraisal to impersonate or portray another person or entity, to communicate under a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice(s). Furthermore, you recognize that fraudulent use(s) of any service provided by Brian Ward Appraisal may subject you to liability.

THE FOLLOWING PARAGRAPH 10 APPLIES TO AFFILIATE USERS OF BRIAN WARD APPRAISAL:

9. RESPONSIBILITIES OF AFFILIATE USERS

a. By using Brian Ward Appraisal, you as an Affiliate represent, warrant and agree that:

i. You will always submit true, complete and accurate information to Brian Ward Appraisal and its Users;

ii. You will maintain and promptly update information submitted to Brian Ward Appraisal to keep it true, complete and accurate; and

b. You will never transfer or assign your affiliation with another entity without prior express permission from Brian Ward Appraisal.

c. You are of legal age and are otherwise capable of forming a legally binding contract;

d. You will comply with the Affiliate Requirements, and

e. You will not use any service provided by Brian Ward Appraisal to impersonate or portray another person or entity, to communicate under a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice(s). Furthermore, you recognize that fraudulent use(s) of any service provided by Brian Ward Appraisal may subject you to liability.

f. Brian Ward Appraisal is completely independent from you. You and Brian Ward Appraisal are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchiser or other type of relationship and no such relationship(s) are intended nor created by this Agreement.

10. WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND BRIAN WARD APPRAISAL AND EACH THIRD PARTY SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

11. LIMITATION OF LIABILITY

a. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

i. any errors in or omissions from Brian Ward Appraisal,

ii. any third party websites or content therein directly or indirectly accessed through hot links in Brian Ward Appraisal, including but not limited to any errors in or omissions therefrom,

iii. the unavailability or interruption of Brian Ward Appraisal or any portion thereof,

iv. your use of Brian Ward Appraisal (regardless of whether you received any assistance from any Covered Party),

v. the content of Brian Ward Appraisal,

vi. any inaccuracies or mistakes obtained by public records or other outside sources, or

vii. any delay or failure in performance by Brian Ward Appraisal or any Covered Party.

b. "Covered Party" means Brian Ward Appraisal, its successors, representatives, principals, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses.

12. USER REPRESENTATIONS; INDEMNIFICATION

a. You hereby represent and warrant that (a) any information you have provided to Brian Ward Appraisal is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of Brian Ward Appraisal, (c) you will comply at all times with this Agreement.

b. You will indemnify and hold harmless all Covered Parties against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with activities and information which are performed, made, distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such activities and information.

c. You agree to defend all Covered Parties against any cause of action or proceeding which arises in connection with any claim or proceeding due to, resulting from or arising in connection with activities and information which are performed, made, distributed, displayed, transmitted or published by you. Your obligation to indemnify the Covered Parties will survive the expiration or termination of this Agreement by you or any Covered Party for any reason. You shall pay for the defense, including costs and/or attorneys' fees, of any such third party action arising as described herein unless the Covered Parties agree otherwise.

13. BRIAN WARD APPRAISAL PRIVACY STATEMENT

Registration and certain other information about you is subject to our Privacy Statement. For information, please review our full policy at http://www.diego-appraiser.com/privacy.asp.

14. MISCELLANEOUS

a. This Agreement may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; Brian Ward Appraisal may change all other provisions immediately upon notice. Your access to Brian Ward Appraisal may be terminated immediately upon notice to Brian Ward Appraisal if any change is unacceptable. Continued use of Brian Ward Appraisal following any change constitutes acceptance of the change.

b. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in Brian Ward Appraisal. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in Brian Ward Appraisal; or on the date received, if delivered in any other manner.

d. Users may not assign their rights or delegate their duties without the prior written consent of Brian Ward Appraisal.

e. The Agreement shall be governed by and construed in accordance with all applicable California State and Federal laws. Both parties submit to jurisdiction in Riverside County, California.

f. Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.

g. Should any part of this Agreement be held invalid or unenforceable as written, that portion shall be reformed to reflect the original intentions of the contract and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of this Agreement be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

h. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.