Terms and Conditions of Use
These are the things that you need to agree with before you can use our site. We know that these details can be lengthy and complex; therefore we'll give them to you in two sections. The first is a brief, friendly overview. The second section was designed by our lawyers and covers all of the fine print.
Overview
By using our site you agree to comply with and be bound by all Terms and Conditions of Use. If you do not agree, don't use our site.
Your account is yours and yours only. Don't share your account. Don't share the course materials. Don't cheat on the quizzes or exams. We'll take your account away if do.
We provide you with the ability to post stuff. Use your head when you do this. Don't cause harm. Don't be offensive. Don't spam. We'll take this ability away from you if you do.
We will use any information you provide us in the way it was intended. We take active measures to protect anything sensitive that you have given us.
Our site and everything therein is provided to assist you in your ongoing education. You're responsible for anything that you do with the things you've learned through us - make us proud.
Our services are all provided over the internet. We make every attempt to be operating 24 hours a day, 7 days a week, 365 days a year. Now, as an internet user you know that sometimes things go down. When this happens because of something beyond our control we'll do our best to get things going and you won't blame us for any problems.
Finally, all of the above is an overview so that you can understand what to expect from us and what we expect from you. The details below provide the complete terms and in any case of confusion or contradiction supersede everything provided above (our lawyers insist that we tell you this).
"The Fine Print"
By using our site, you are agreeing to comply with and be bound by the following Terms of Use ("Terms"). Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term "AppraisalUniversity.com", "Appraisal University", "us", "we", "company", or "our" refers to Appraisal University, LLC, the owner of the AppraisalUniversity.com website and the services it supplies ("Website"). The term "you", "our", or "subscriber" refers to the user of, or subscriber to, our Website.
The services we provide through the Website are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
- Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose your personally identifiable information. By using the Website you agree to our use, collection, and disclosure of personally identifiable information in accordance with the Privacy Policy. - Registration Data; Account Security
If you register for an account on the Website, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us. You are responsible for all activity on your account, and for all charges incurred by your account. - Fees; Charges; Taxes
Fees and any other charges for the use of the Website are described on the Website. They may change from time to time. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction. - Ownership, Copyright and Trademarks
In these Terms the content on the Website, including all information, data, logos, marks, designs, graphics, pictures, media files, other files, and their selection and arrangement, is called "Content". Content provided by you is called "User Content".
User Content is your property. Our only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 16 of these Terms.
Other than the User Content, the Website, all Content and all software available on the Website or used to create and operate the Website is our property or the property of our licensors, and is protected by United States and international copyright laws, and all rights to the Website, such Content, and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Website, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Website. - Your Limited License of Your User Content to Us
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Website, and provide the services provided by the Website, now and in the future. For example, we need the right to send your attendance and successful course completion to a State Board of Registration of Real Estate Appraisers if you are licensed in a state which requires we provide such notification. - Our Limited License of Content to You
We grant you a limited, revocable, non-exclusive, non-sublicensable license to access the Website and to view, copy and print the portions of the Content available to you on the Website. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Website or the Content, or reproduce, distribute or display the Website or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Website or the Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. We may revoked the license in this Section at any time.
You represent and warrant that your use of the Website and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact us at the address set out at the bottom of these Terms. - Use of Interactive Areas and the Website
The Website may contain discussion forums, instructor email links, feedback services, or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Website ("Interactive Areas"). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Website will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose us or our affiliates or our users to any harm or liability of any type.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. - Providing a Reliable and Secure Service
If you have spent any time reviewing the Website, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be "best-of-class" hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Website.
For example, we do not store credit card information. To safeguard credit card information, we encrypt all credit card numbers sent to the payment processor, use restrictive firewalls to protect stored data, and use 128- and 256-bit SSL certificates to encrypt data transferred between you and the Website.
However, no system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Website, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. - Links to Other Websites
The Website may contain links to third-party Web sites ("Third-Party Websites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Websites, and any Third-Party Content or service provided there at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Websites. We provide these links only as a convenience, and a link to a Third-Party Website or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Websites, or Web sites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. - Advertisements and Promotions
We may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website. - Warranty Disclaimer
The Website, the Content and the services provided by the Website are provided to you on an "as is" basis without warranties from us of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, title and non-infringement. We do not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Website, the Content or any portion thereof.
While we attempt to make your access to and use of the Website safe, we do not represent or warrant that the Website or any Content are free of viruses or other harmful components. - Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against us, our affiliates or subsidiaries, our sponsors, contractors, advertisers, vendors or other partners, any of our successors or assigns, or any of our respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Website or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Website. You use the Website at your own risk.
Without limitation of the foregoing, neither we nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website or the Content, including without limitation any damages caused by or resulting from your reliance on the Website or other information obtained from us or any other Released Party or accessible via the Website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our or any other Released Party's records, programs or Services.
In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website exceed any compensation paid by you for access to or use of the Website during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless our company and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Website, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party. - Communications
Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 18 of these Terms) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to Subscribers in the dashboard area of your account on the Website. Third, we may post the notice elsewhere on the Website. When we post notices on the Website, we post them in the area of the Website suitable to the notice. It is your responsibility to periodically review the Website for notices.
Subject to the Privacy Policy, if you send us or post on the Website in any public area any information, ideas, inventions, concepts, techniques or know-how ("User Submissions"), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that we can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Website or send them to us. - Applicable Law and Venue
The Website is controlled by us and operated from our offices in Portsmouth, New Hampshire. You and we both benefit from establishing a predictable legal environment in regard to the Website. Therefore, you and we explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the State of New Hampshire.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Terms; (b) the Website or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Website; or (d) the relationships that result from these Terms or the Website or Content (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the State of New Hampshire.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in New Hampshire. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
You will be responsible for compliance with all local laws of such other jurisdictions that apply to you, and you agree to indemnify us and the other Released Parties for your failure to comply with any such laws. - Termination/Modification of License and Website Offerings
Notwithstanding any provision of these Terms, we reserves the right, without notice and in our sole discretion, without any notice or liability to you, to (a) terminate your license to use the Website, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Website or Content; (c) change, suspend or discontinue any aspect of the Website or Content; and (d) impose limits on the Website or Content. - Inactive Accounts; Termination of Agreement
If your account remains expired for at least 30 days, we may deactivate your account. Deactivated accounts are not deleted - they are placed in storage and can be restored. Any uncompleted courses are removed once an account is deactivated. If you know in advance that you will be unable to renew your subscription within 30 days of expiration but want to keep your account active, let us know in advance at the support email address on the Website and we will discuss available options with you.
You and we may terminate these Terms and your use of the Website at any time. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes and to meet obligations to some State Boards of Registration of Real Estate Appraisers. - Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign any or all of our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and us regarding your use of the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and us regarding your use of the Website. - Changes to our Terms and Conditions
We reserve the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Website, at any time and in our sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can discontinue use of your account with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Website, and your continued use of the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Website. If you do not agree to any amended Terms, you must stop using the Website. If you have any questions about the Terms, please contact us at the address set out at the bottom of these Terms.
If we decide to change our terms and conditions, we will post those changes on this page, and/or update the Terms and Conditions modification date below.
This document was last modified on July 17, 2009. - Questions and Comments; Contacting Us
If you have any questions regarding these Terms or your use of the Website, please contact us using the information below:
Appraisal University
155 Fleet Street
Portsmouth, New Hampshire 03801
US
603-570-4812
http://www.AppraisalUniversity.com