Terms & Conditions
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the ForsytheAppraisals.com Web site (the "Web Site") provided by ForsytheSM (the "Company"). By visiting, using, and/or submitting information to the Web Site, you agree to be bound by the Terms and Conditions, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. These Terms and Conditions are subject to change by the Company at any time in its sole discretion, and without prior notice. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly.
The Company believes strongly in providing Users notice of how it collects and use data, including personally identifying information, collected from the Web Site. Therefore, the Company has adopted a Privacy Statement to which Users should refer to fully to understand how the Company collects and use data.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal, educational and informational purposes. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
Your access and use of the Web site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Web site or other actions that the Company, in its sole discretion, may elect to take. The Company reserves the right to suspend or discontinue the availability of the Web site and/or any portion or feature of the Web site at any time in its sole discretion and without prior notice.
Copyright and Notices
Many features of the Web site without limitation to ForsytheSM, ForsytheAppraisals.com, design, text, graphics, pictures, and other files, are the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Except as stated herein, none of the information may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form, or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company, which permission may be withheld in the company's sole discretion. The User may however print out one copy of the Content solely for the User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Content.
User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. The Company has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.
THE WEB SITE AND CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE COMPANY AND ITS CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE WEB SITE.
Limitation on Liability
USE OF THE WEB SITE IS AT YOUR OWN RISK. THE COMPANY AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We reserve the right to change any and all Content contained on this Site at any time without notice. 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.
As a condition of use of this Web site, User agrees to indemnify the Company and its content providers, licensors, service providers and contractors (the "indemnified Parties") from and against any and all liabilities, expenses (including attorneys' fees), damages, judgments, awards, and costs arising out of claims resulting from User's use of the Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of the Terms and Conditions. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Applicable Law and Arbitration
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Minnesota without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to the Terms and Conditions, except for an injunctive action regarding a breach or threatened breach of any provision of the Terms and Conditions by User as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in St. Paul, MN. The arbitrator shall be selected by User and the Company, and if User and the Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon User and the Company and User and the Company's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either User or the Company be entitled to punitive damages and both User and the Company hereby waive their respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
User will not submit any of the following material to the Company, or post it on the Web site:
- material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
- material for which User does not have the right to post, including the proprietary material of any third party;
- material which advocates illegal activity or discusses an intent to commit an illegal act;
- material for advertising or commercial solicitation;
- material which is vulgar, obscene, pornographic, or indecent; or
- material which does not pertain directly to the subject matter of the particular forum.
The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, User remains solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.
Users are granted a limited, non-exclusive right to create a hyperlink to the Web Site provided such link does not portray the Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. Users may not use any of the Companies logo or other proprietary graphic or trademark to link to the Web site without our express written permission. This limited right may be revoked at any time.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Web site, or sites linking to this Web site. The linked sites are not under the control of the Company and we cannot and are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to Users only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving the Web site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
No waiver by the Company, whether express or implied, of any provision of these Terms and Conditions shall constitute a continuing waiver of such provision or a waiver of any other provision of the Terms and Conditions. Nor shall the Company be estopped from enforcing any provision of the Terms and Conditions, except by written instrument executed by the Company. Notwithstanding any of these Terms and Conditions, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Web site, and to block or prevent future access to and use of the Web site. If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.