Disclaimer

Welcome to TTBappraisers.com Terms of Use Agreement ("Agreement"). This is a legal contract between you and TTBappraisers.com  Please read the entire Agreement carefully before accessing or using the TTBappraisers.com website, affiliate sites, or any information, products, software, services or other features. TTBappraisers.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 APPRAISERSFIRST.COM SITE. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACCEPT ALL ASPECTS OF THIS AGREEMENT. EACH TIME THAT YOU ACCESS OR USE THE APPRAISERSFIRST.COM WEBSITE, YOU RE-AFFIRM YOUR CONSENT TO THE THEN-EXISTING TERMS OF USE.

Except as otherwise provided, this Agreement applies to all Users of any service at AppraisersFirst.com.

1.       TERMS OF USE 

In this Agreement,

a.       "AppraisersFirst" means TTBappraisers.com a GDK Marketing LLC owned company.," the Internet service operated by TTBappraisers.com (GDK Marketing LLC)., a Pennsylvania corporation.

b.       The "Site" and the "Website" refer to the website TTBappraisers.com.

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 TTBappraisers.com, 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 TTBappraisers.com (GDK Marketing LLC)., its directors, officers, employees, 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 TTBappraisers.com service, including but not limited to Appraisers, Real Estate Agents, Affiliates, Homeowners, and Others.

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

k.       "Appraiser Profile" means a description of an Appraiser's general background and experience.
 

2.       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 TTBappraisers.com(in both print and machine-readable forms) belong to TTBappraisers.com. You acquire no proprietary interest in AppraisersFirst.com. You may not remove or obscure the copyright notice or other notices contained in information, products, and software retrieved from TTBappraisers.com or its affiliate site(s) and or subscribers site(s) without written permission from said parties.

c.        The contents of TTBappraisers.com, 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 written permission from TTBappraisers.com if you (1) sell or modify the Material or reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, or create derivative works from TTBappraisers.com, which includes the information and software made available therein; (2) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes TTBappraisers.com, except to the extent required in order for you to use AppraisersFirst.com in the manner expressly intended by TTBappraisers.com; (3) export or re-export TTBappraisers.com in violation of the export control laws and regulations of the United States of America; (4) the use of the Material on any other website or in a networked computer environment for any purpose. Please contact TTBappraisers.com regarding these or related matters.

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

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

g.       There is not necessarily a relationship between TTBappraisers.com and the third party owners of any websites accessible through hot links in TTBappraisers.com, and those third party owners and their licensees retain all right(s), title(s) and interest(s) (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 TTBappraisers.com from locations outside TTBappraisers.com provided (1) you link only to the home page TTBappraisers.com, (2) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in TTBappraisers.com, (3) you give TTBappraisers.com timely notice of such link by sending an e-mail message to webmaster@TTBappraisers.com and (d) you discontinue providing hot links to TTBappraisers.com if notified by TTBappraisers.com.

3.       ACCESS TO APPRAISERSFIRST.COM

a.       Information, products, software, services and features may be added to or withdrawn from the Site at AppraisersFirst.com's sole discretion, and TTBappraisers.com otherwise be changed without notice.
b. TTBappraisers.comcontains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by TTBappraisers.com of the contents of such third-party Web sites. TTBappraisers.com 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.

4.       MODIFICATION OR DISCONTINUATION OF SERVICE

a.       AppraisersFirst.com 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, TTBappraisers.com 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.       AppraisersFirst.com reserves the right to modify or discontinue the site or any portion thereof with or without notice to any User.

c.        TTBappraisers.com shall not be liable to any User or other party should TTBappraisers.com exercise its right to discontinue the site.
 

5.       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. TTBappraisers.com has the right to seek maximum damages for said action(s).

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. AppraisersFirst.com will not be held liable in any way for improper security measures taken by third parties regarding access to third party information. 

THE FOLLOWING PARAGRAPH 6 APPLIES TO APPRAISERS WHO ENROLL AS MEMBERS
OF THE TTBappraisers.com NATIONWIDE APPRAISAL NETWORK AND USE TTBappraisers.com:

6.       By enrolling as a member of AppraisersFirst.com's Nationwide Appraisal Network, you as an Appraiser warrant and agree that:

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

b.       You will:

i.         Always submit true, current and complete information about yourself for the Appraiser Profile to TTBappraisers.com;

ii.       Maintain and promptly update your Appraiser Profile to keep it true, current and complete;

iii.      Always submit true, current and complete information about properties, appraisals, and other information to TTBappraisers.com (if requested) and its Users;

iv.     Never transfer or assign your membership nor share or distribute your own or any other member's name or password information to anyone; 

c.        You have complied with all licensing and regulatory requirements applicable to real estate appraisers in the geographic areas you have listed as part of your member enrollment form and you are a licensed and/or certificated real estate appraiser;

d.       You will not use the information obtained through TTBappraisers.com to locate, identify or directly contact any Homeowner or User in any manner without prior express written permission from TTBappraisers.com;

e.       You will not submit more than one Appraiser Profile without prior express written permission from TTBappraisers.com;

f.        You will not take any action that may undermine the integrity of the User Feedback System, including, without limitation: leaving positive feedback for yourself using secondary accounts or third parties. TTBappraisers.com reserves the right to terminate the membership of any Appraiser whose negative feedback rating falls below a minimum level set by TTBappraisers.com at its sole discretion;

g.       You will not use your rating from the User Feedback System for any purpose other than to facilitate the purposes of TTBappraisers.com and its Users, including, without limitation, marketing or promoting your TTBappraisers.com feedback rating in any venue other than the Site, without prior express written consent from TTBappraisers.com;

h.       You will not use any service provided by TTBappraisers.com 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 TTBappraisers.com may subject you to liability.

i.         AppraisersFirst.com is completely independent from you. You and TTBappraisers.com 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. TTBappraisers.com will remit 90% of your agreed upon fee, less any direct costs, approximately 30 days after you have completed and submitted your proper and complete appraisal report. TTBappraisers.com reserves the right to withhold payment until any outstanding customer service issues are resolved and/or change the fee remittance schedule at any time.

j.         You expressly agree to allow TTBappraisers.com to offset any payments made to you in order to recoup service fees that may be owed by you to TTBappraisers.com, in accordance with the then-current TTBappraisers.com service fee schedule. Examples of service fees include (but are not limited to) recurring membership charges, service charges for failure to upload using the AppraisersFirst.com secure appraisal upload servers and/or NAN/NOVA integration module, service charges for late delivery of appraisals, service charges for the removal of invoices or other non-permissible documents, etc. 

k.       TTBappraisers.com assumes no liability for the payment to you for canceled orders. TTBappraisers.com does not pay "trip charges" or similar fees for canceled orders.

l.         As a condition of using the TTBappraisers.com Nationwide Appraisal Network, you hereby release TTBappraisers.com, its staff, its officers, its affiliates and its clients from any liability above and beyond the agreed upon fee for any appraisal order. In the event that you file suit against AppraisersFirst.com, its staff, its officers, its clients and/or its affiliates, you agree to pay 100% of the legal fees incurred by the opposing party to defend themselves, if the opposing party prevails. You will not place, or attempt to place any liens or lis pendens on any property associated with any appraisal order delivered through the TTBappraisers.com Nationwide Appraisal Network.

m.     If you have named a company as an “Approved Lending Institution” in the “My Lenders” section of your TTBappraisers.com Nationwide Appraisal Network account, and that selected lender subsequently rejects an appraisal because the appraiser(s) stated on the appraisal report is (are) not on their approved vendor list, no payment will be made by due to you, or made to you by TTBappraisers.com, for that appraisal order.

n.       Unless you provide written notice to TTBappraisers.com of your desire to cancel, sent by receipt-requested delivery method (i.e. overnight courier or Registered US Mail but NOT by email), your membership in the TTBappraisers.com Nationwide Appraisal Network will automatically renew each year on the anniversary date of your initial sign-up and may be canceled by TTBappraisers.com at any time. You authorize TTBappraisers.com to charge your supplied credit card and or paypal account or any other method of payment  for your annual membership charges each year on (or about) the anniversary of your initial sign-up. Failure by you to make use of your account and/or update your contact information does not constitute cancellation of your account. You will be liable for all charges associated with maintaining an active account until the later of the (i) end of the current annual membership period or (ii) the date of receipt by TTBappraisers.com of your written notice of cancellation of membership, sent by receipt-requested delivery method. Appraiser membership fees for the AppraisersFirst.com Nationwide Appraisal Network are considered "earned" upon the completion of the first day of membership and are, thus, neither refundable in whole nor in a pro-rated fashion.

o.   The appraiser will comply within 2 business days to any e-mail that is submitted to them from TTBappraisers.com. They will review the form and respond to us in one of two ways; upload a revised report or you may upload a written rebuttal (in PDF format) with the reason(s) a change is not warranted.

THE FOLLOWING PARAGRAPH 7 APPLIES TO REAL ESTATE AGENTS, MORTGAGE BROKERS AND MORTGAGE LENDERS USING TTBappraisers.com:

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

a.       By using AppraisersFirst.com, 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:

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

ii.       You understand that TTBappraisers.com does not conduct comprehensive audits of Appraisers' Profiles or other information that has been submitted by the Appraisers;

b.       You will not use any service provided by TTBappraisers.com 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 TTBappraisers.com may subject you to liability.

c.    AppraisersFirst.com is completely independent from you. You and TTBappraisers.com 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 to pay TTBappraisers.com 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 TTBappraisers.com in full for that order. 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, TTBappraisers.com may assess cancellation fees on any canceled orders and/or other service fees, according to a schedule which may be published on the TTBappraisers.com 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. Account holders who place more than 25 orders per month may request a waiver of cancellation fees from TTBappraisers.com, however such waiver shall not be granted until such time as the account holder agrees, in writing, to the terms and conditions of AppraisersFirst.com's cancellation fee waiver agreement.

THE FOLLOWING PARAGRAPH 9 APPLIES TO HOMEOWNERS AND OTHER USERS OF APPRAISERSFIRST.COM:

8.       RESPONSIBILITIES OF HOMEOWNERS

a.       By using TTBappraisers.com, you as a Homeowner represent, warrant and agree that:

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

ii.       You understand that TTBappraisers.com does not conduct comprehensive auditing of the information submitted by appraisers;

b.       You will not use any service provided by TTBappraisers.com 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 TTBappraisers.com may subject you to liability.

THE FOLLOWING PARAGRAPH 9 APPLIES TO AFFILIATE USERS OF TTBappraisers.com:

9.   RESPONSIBILITIES OF AFFILIATE USERS

a.       By using TTBappraisers.com, you as an Affiliate represent, warrant and agree that:

i.         You will always submit true, complete and accurate information to TTBappraisers.com and its Users;

ii.       You will maintain and promptly update information submitted to TTBappraisers.com to keep it true, complete and accurate; and

b.       You will never transfer or assign your affiliation with another entity without prior express consent from TTBappraisers.com.

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 TTBappraisers.com 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 TTBappraisers.com may subject you to liability.

f.        TTBappraisers.com is completely independent from you. You and TTBappraisers.com 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.

THE FOLLOWING PARAGRAPH "WARRANTY DISCLAIMER" 11 APPLIES TO USERS OF AUTOMATED DATA AND PROPERTY REPORTS INCLUDING, BUT NOT LIMITED TO, THE TTBappraisers.com AVM, AVR, COMP CHECK, NEIGHBORHOOD ANALYSIS AND SIMILAR REPORTS:

10.   WARRANTY DISCLAIMER

THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND APPRAISERSFIRST.COM 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 TTBappraisers.com,

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

iii.      the unavailability or interruption of TTBappraisers.com or any portion thereof,

iv.     your use of TTBappraisers.com (regardless of whether you received any assistance from any Covered Party),

v.       the content of TTBappraisers.com,

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

vii.    any delay or failure in performance by TTBappraisers.com or any Covered Party.

b.       "Covered Party" means TTBappraisers.com, 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 TTBappraisers.com is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations federal and international with respect to your use of TTBappraisers.com, (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.   AppraisersFirst.com

Registration and certain other information about you is subject to our Privacy Statement.

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; TTBappraisers.com may change all other provisions immediately upon notice. Your access to AppraisersFirst.com may be terminated immediately upon notice to TTBappraisers.com if any change is unacceptable. Continued use of TTBappraisers.com following any change constitutes acceptance of the change.

b.       AppraisersFirst.com or the User may terminate the subscription for access to TTBappraisers.com. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. TTBappraisers.commay suspend or discontinue providing your access to TTBappraisers.com without notice and pursue any other remedy legally available to you if you fail to comply with any of your obligations hereunder.

c.        Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in TTBappraisers.com. 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 TTBappraisers.com; 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 TTBappraisers.com.

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

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.