Client Sign-up: Read the User Agreement
GoAppraiser User Agreement
Terms of Use
This User Agreement shall govern User's use of GoAppraiser’s products and services, including but not limited to the access to the GoAppraiser.com website. User must agree to abide by all of the terms and conditions in order to become or to remain an authorized User.
User refers to the person or entity that is identified to GoAppraiser as the User of GoAppraiser's products and services. User also refers to someone using any of GoAppraiser's products and services through your association with or by working under the account of another User.
GoAppraiser refers to the company that owns and operates the www.GoAppraiser.com website as well as its owners, employees associates and the website itself. GoAppraiser.com among other things, is a website that serves as a portal for submitting and delivery of valuation services. It may also provide other products and services.
Client refers to the individual or entity ordering an appraisal or other valuation service.
Appraiser refers to the individual or entity, providing any appraisal or other valuation services.
User Agreement may include letters of engagement, privacy policy, addenda, sign-up forms, credit applications, price lists, terms or instructions appearing on a screen on the GoAppraiser website, and any procedures or policies applicable to the use of GoAppraiser all as may be amended from time to time.
Order refers to the appraisal or other valuation services requested by Client for Appraiser. This also includes any form of automated valuation services or appraiser assisted automated valuation services.
User's electronic acceptance of this User Agreement or acceptance of a Username and password, or any use of any product or service constitutes User's agreement to the terms and conditions of this User Agreement in its entirety and has the same force and effect as if User signed and dated this User Agreement in ink.
General User Agreement Provisions
GoAppraiser is neither an agent of the Client, nor an agent of the Appraiser. The relationship, including any agreements between the Client and the Appraiser providing the services is independent of GoAppraiser. GoAppraiser shall not be liable for or obligated by or under any such relationships or agreements or any actions or obligations of any parties related thereto, including but not limited to the User.
Except as otherwise required by law, GoAppraiser may in its sole discretion change or modify the terms of this User Agreement at any time. This may include adding new or different terms or removing terms from this User Agreement. When changes are made GoAppraiser will update this User Agreement on its website. All changes will be effective immediately. The communication of changes made to this User Agreement, at our option, may be sent to you either by notifying you when you next log-in, by posting the information on the GoAppraiser Website and sending you a notice to your designated Email address, or by posting the information to the GoAppraiser Website. User is responsible for reviewing the User Agreement to ensure compliance.
GoAppraiser may change, suspend, limit or discontinue any aspect of any or all of its products and services at any time, including but not limited to, any pricing, parts of the GoAppraiser.com website, the availability of one or more features or services. GoAppraiser may do so without prior notice or liability therefore.
User certifies entering valid and truthful information at all times, verifying that information for its accuracy and updating that information immediately when it changes. User also certifies that the Email address entered is valid and checked regularly. Any information that is deemed by GoAppraiser to be misleading, incorrect or unprofessional may be edited or the account may be deleted.
User is obligated to maintain an active, valid e-mail address on file with GoAppraiser at all times. GoAppraiser is not obligated to communicate with its Users by phone, fax, or through the US Postal Service or other paper based means, however User gives GoAppraiser the right to contact User by any of these above mentioned means.
Any information displayed on the GoAppraiser.com website does not constitute legal advice and is provided for informational purposes only. This site is provided "as is" and GoAppraiser makes no warranty of any kind and no representation with respect to this site and its contents.
Nothing contained herein shall be deemed or construed as creating a joint venture or partnership between User and GoAppraiser. User is not by virtue of this Agreement authorized as an agent or legal representative of GoAppraiser. User is not granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of GoAppraiser or to bind GoAppraiser in any manner.
Appraiser Specific User Agreement Provisions
In the performance of the services offered in connection with the GoAppraiser website, Appraiser agrees that at all times he or she is acting and performing as an independent contractor. Appraiser agrees that neither Client nor GoAppraiser shall withhold from payments provided herein any funds for income tax, social security, disability insurance, unemployment insurance or any other withholding pursuant to any law or requirement of any government body.
Appraiser agrees to maintain during the entire term of this agreement a current Appraisal License and current General Liability and Errors and Omissions insurance at levels deemed appropriate, and will not accept Orders unless License and Insurances are current.
Appraiser agrees to only accept appraisal Order if he or she is competent to perform the work assigned and will reject any work as soon as Appraiser realizes that he or she is not competent even if after having initially accepted the assignment.
Appraiser understands and agrees that Appraiser must read appraisal Order carefully and that by accepting Order Appraiser also accepts the terms listed on the Order form, including but no limited to appraisal fee, method of payment, due dates and assignment requirements and that Appraiser is bound by these terms and payment is contingent upon compliance of these terms in addition to the possession of a valid Appraisal License and Errors and Omissions insurance.
Appraiser understand and agrees that when Order requires that Appraiser be approved with a specific lender it is the responsibility of Appraiser to verify that he or she is approved to do appraisals for that specific lender and meets all lender requirements including but not limited to license level, errors and omission coverage amount and years of experience.
GoAppraiser keeps track of Appraiser’s performance on Orders done associated with GoAppraiser, awarding “bonus points” for appraisals or valuation services well done in a timely matter and “negative points” for unsatisfactory work or excessive turn around time. These points are incorporated in the formula when an Appraiser is selected for an Order.
Appraiser understands and agrees that GoAppraiser is nothing more than a facilitator helping Clients find qualified Appraisers and help Appraisers get work. Under no circumstance is GoAppraiser responsible for payment of work done by Appraiser. This is true even though as a service to Appraiser, GoAppraiser will invoice Client both GoAppraiser’s fees and Appraiser’s fees, will send monthly billing reminders and will attempt to secure payment by any means possible including by making phone calls to Client, charging late fees, charging interest or by instituting an auto-pay by credit card. In the end if Client refuses to pay or disputes payment it is Appraiser’s responsibility to pursue legal remedies to collect payment from Client. Further more when Appraiser receives payment from borrower or Client and payment is un-collectable due to but not limited to insufficient funds, stop payment or charge back, it is Appraiser’s responsibility to pursue legal remedies from the originator of the payment.
Appraiser understand and agrees that when Order is to be paid C.O.D., there may be times when Appraiser will be responsible to pick up the total fee for the appraisal, including the portion of the fee for GoAppraiser. In such case Appraiser is to submit to GoAppraiser its fee by check in the mail or credit card by phone or online payment immediately upon receipt.
Appraiser understand and agrees that when GoAppraiser has collected payment on behalf of Appraiser, GoAppraiser will forward payment by mail to Appraiser in form of a company check within 5 business days after GoAppraiser is satisfied that payment has cleared.
Client Specific User Agreement Provisions
Client understands and agrees that in case of cancellation of an existing Order submitted by Client, Client is responsible for payment of that Order for work done. Once Appraiser has started his or her physical inspection of the property by driving towards property or in case of desk valuation services once work has started, the appraisal fee is due in full. If Appraiser was notified of the cancellation before Appraiser left to do the physical inspection, Client will only be responsible for $150.00 for residential valuation services or 50% of fee for commercial property valuation services. If cancellation was received by GoAppraiser before Order was assigned to an Appraiser or before Appraiser started working on Order then there will be no charge for the canceled Order, however if Client requested an automated or desk valuation service prior to the Order, Client will be responsible for payment of work completed.
The preferred method of payment for valuation services is by advance payment by bank certified check, money order, credit card or electronic payment. GoAppraiser will also accept C.O.D. payment at the door from borrower by personal check or other forms of payment that Appraiser is able to take. Third, GoAppraiser will accept billing of qualified Clients under the company name (not the individual loan agent) who have completed a request for credit. Forth, GoAppraiser will accept credit card backed billing for lending industry professionals whereby the credit card will automatically be debited if payment was not received after 60 days. Under no circumstance will GoAppraiser accept billing from non-lending industry individuals.
GoAppraiser and Appraiser are separate entities and as such need to be paid separately, however GoAppraiser will accept payment on behalf of Appraiser and will forward said payment to Appraiser under the condition that if payment is made by credit card a 4% processing fee will be charged above the established fee since GoAppraiser is not the beneficiary of that appraisal fee therefore GoAppraiser will not pay for the credit card processing fee.
It is Client’s responsibility to let GoAppraiser know at the time the Order is submitted if the appraisal is going to a lender with an Appraiser approved list or disapproved list and to let GoAppraiser know specifically how to access that list or who specifically with exact phone number GoAppraiser can contact that has access to said list. It is also Client’s responsibility to let GoAppraiser know at the time the Order is submitted that an appraisal needs to be done by an F.H.A. or V.A. approved Appraiser. Client also understands and agrees that if an Order was originally for a conventional loan and is later changed to an F.H.A. or V.A. loan that a new inspection may be required even if the original Appraiser is approved for that type of Appraisal due to the requirements of F.H.A. and V.A. and the fact that these forms of appraisals require additional inspections that are not required in a conventional appraisal.
License for Use
GoAppraiser hereby grants to User a non-exclusive, non-transferable, limited term license to, among other things 1) Use the GoAppraiser website, especially regarding the ordering and delivery of appraisal and other valuation services. 2) Gain access to and possession of portions of various files and databases or sources of information, including for example message logs between appraiser and client on Orders that User has been involved, completed appraisals in which User has been involved, performance databases and other databases. 3) Gain access to other products and services as may be available through GoAppraiser from time to time.
The use of GoAppraiser, and any Information, is solely for the internal use of User and no other party. GoAppraiser and any Information including but not limited to access to any GoAppraiser account may not be transferred, assigned, stored, copied, reverse engineered, revealed, given, loaned, rented or sold.
Except as and only to the extent expressly permitted in this License or by applicable law, User may not copy, decompile, reverse engineer, decrypt, disassemble, attempt to derive the source code of, modify, or create derivative works of the GoAppraiser website, or any part thereof. Any attempt to do so is a violation of the rights of GoAppraiser. User shall not use the Information or software, device or interface or any part thereof in any manner other than as deemed normal for conducting business as a Client or Appraiser using the GoAppraiser.com website as outlined in this User agreement. Any breach of this restriction may be subject to prosecution and damages. Violators agree to pay all court costs and legal fees of GoAppraiser, including fees for time and transportation to and from all proceedings. In all cases, ownership of the Information, software, documentation and any and all other aspects of the GoAppraiser.com products and services shall remain with GoAppraiser.
Unauthorized Use of User Accounts
User is responsible for maintaining the confidentiality of all of the information regarding User's account, including, but not limited to, confidential information such as financial information, valuation information or data conceived, discovered, developed or used in the course of work assigned through the GoAppraiser website or services as well as User's Username and password, and those of any other person or User associated by or with User or under User's ostensible authority. User will make reasonable efforts to maintain the secrecy of the above-mentioned confidential information. User shall notify GoAppraiser immediately with regard to any known or suspected unauthorized uses or Users of User's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of User's or other's Username and password.
User understands that User is responsible for any charges, liabilities or claims arising from the use of User's account, Username or password, or those other Usernames or passwords authorized by or associated with User. GoAppraiser is entitled to treat all uses of such as authorized until such time as GoAppraiser receives notification from User by phone, fax or mail that unauthorized activity is occurring on User's account. Such notification shall be effective when received by GoAppraiser.
Upon notice that User (including but not limited to, any of User's employees, assistants, contractors or invitees) has gained unauthorized or unlawful access to, or made any unauthorized or unlawful use of GoAppraiser, or any other medium or process, GoAppraiser reserves the right to deny access to any such person or entity or seek other remedies.
Suspected breaches or unauthorized uses should be reported to: jm@GoAppraiser.com or by phone 714/695-9202.
Termination
This Agreement shall be effective until terminated by either party. GoAppraiser may terminate the User Agreement in the event of a breach by User of its obligations. User’s rights under this Agreement will terminate automatically without notice from GoAppraiser if User fails to comply with any terms of this Agreement. Upon the termination of this Agreement, User shall cease all use of the GoAppraiser website and services. Nothing contained in this Agreement shall be read to limit any of GoAppraiser's rights or remedies hereunder or at law or in equity. Termination does not relieve User of any outstanding obligations that may be due to GoAppraiser or otherwise under this Agreement.
Disclaimer of Warranties
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE GoAppraiser.COM WEBSITE AND THE INTERNET IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. THE GoAppraiser.COM WEBSITE, THE INTERNET AND THIRD-PARTY VIRUS CHECKING TECHNOLOGY ARE PROVIDED "AS IS" AND “AS AVAILABLE” FOR USE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND GoAppraiser HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GoAppraiser WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF TITLE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION, AND THEN ONLY TO THE EXTENT OF THAT EXCLUSION. GoAppraiser DOES NOT WARRANT THAT THE OPERATION OF THE GoAppraiser WEBSITE OR THE INTERNET WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GoAppraiser OR A GoAppraiser REPRESENTATIVE SHALL CREATE A WARRANTY.
GoAppraiser WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN CLIENTS AND APPRAISERS, OR USERS AND THIRD-PARTIES.
REGARDING THE INFORMATION: USER SPECIFICALLY ACKNOWLEDGES THAT ALTHOUGH GoAppraiser HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE GoAppraiser.COM WEBSITE, GoAppraiser MUST RELY ON THE COMPLETENESS, ACCURACY AND AUTHENTICITY OF INFORMATION PROVIDED BY ITS USERS, SUPPLIERS AND BY PUBLIC RECORDS AND OTHER SOURCES OF INFORMATION, THAT GoAppraiser DOES NOT ATTEMPT TO INDEPENDENTLY VERIFY THE COMPLETENESS, ACCURACY OR AUTHENTICITY OF SUCH INFORMATION, AND THAT THE INFORMATION REPORTED TO AND BY GoAppraiser MAY BE SUBJECT TO TRANSCRIPTION, TRANSMISSION AND SPELLING ERRORS. GoAppraiser DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, USER SPECIFICALLY ACKNOWLEDGES THAT THE INFORMATION, WHILE BELIEVED RELIABLE, CANNOT BE GUARANTEED AS ACCURATE, AND USER IS OBLIGED TO SECURE SUCH CONFIRMATION OF SUCH INFORMATION AS GOOD PROFESSIONAL PRACTICE DICTATES. USER SHALL BE RESPONSIBLE FOR ASSURING THAT THE INFORMATION IS APPROPRIATE TO ACHIEVE USER'S INTENDED RESULTS. GoAppraiser SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.
Proprietary Rights
GoAppraiser.com and the Information found on the GoAppraiser website such as but not limited to the software, information, the Client list, the Appraiser list, Appraisers documents, the appraisals and appraisal message logs are proprietary products of GoAppraiser and are protected by copyright, trade secret and other proprietary rights laws and may be used solely with the permission of GoAppraiser.
Limitation of Liability
USER AGREES TO INDEMNIFY AND HOLD GoAppraiser, ITS OWNERS, OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES AND PARTNERS HARMLESS FROM ANY LOSS, LIABILITY, DEMAND OR CLAIM INCLUDING REASONABLE ATTORNEY’S FEES MADE BY A THIRD-PARTY DUE TO USER’S USE OF THE GoAppraiser WEBSITE OR OTHER GoAppraiser SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GoAppraiser BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THE GoAppraiser WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GoAppraiser HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GoAppraiser'S TOTAL LIABILITY TO USER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT THAT A STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AS TO THAT STATE OR JURISDICTION GoAppraiser'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY USER HERETO MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Equitable Relief
Because of the unique and proprietary nature of GoAppraiser and the Information, it is understood and agreed that GoAppraiser's remedies at law for a breach by User of its obligations under Section 5 (License for Use), Section 6 (Unauthorized Use of User Accounts) or Section 9 (Proprietary Rights) will be inadequate and that GoAppraiser shall, in the event of any such breach, be entitled to equitable relief (including without limitation injunctive relief and specific performance) in addition to all other remedies provided under this Agreement or available to GoAppraiser at law or otherwise.
Payment
User shall pay the appropriate fees for all products and services as set forth in GoAppraiser's then current Price Lists or as specified on the appraisal Order form or Letter of Engagement. All invoices are due upon presentation.
GoAppraiser may present User with invoices, account statements, requests for payment and other documents through electronic means, which may include, but not be limited to by e-mail, or by reference to a specific location within GoAppraiser's website or other electronic system. Any such presentation shall have the same force and effect as if User had been presented with the same in paper form, and User shall be obligated to make payment thereon according to their terms.
Without limiting any of GoAppraiser's other rights or remedies and until the invoice is paid in full, late charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, shall, at GoAppraiser's sole discretion, accrue on the amount including accrued but unpaid late charges of any invoice for which payment is not received within thirty days from date of invoice. In addition, an administrative charge of no more than $20.00 shall be imposed for any invoice for which payment is received more than sixty days after its date.
Regardless of any other provision hereof, it is GoAppraiser's policy to suspend or terminate access to GoAppraiser, and the delivery of Information to any party who is past due in its obligations to GoAppraiser. GoAppraiser may enforce that policy against User without any liability therefore.
Should it become necessary to institute collection proceedings, User agrees to pay all costs, including reasonable attorneys’ fees. All matters governed by the laws of the state of California. User waives right of venue and submits itself to the jurisdiction and venue of the State Courts of Orange County, California.
Arbitration
The parties agree to submit any and all claims, demands, disputes, controversies or causes of action arising from or related to this Agreement, the use of GoAppraiser, or any communication between the parties to binding arbitration administered by the American Arbitration Association in accordance with its commercial rules then in effect, except as otherwise stated herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such claims, demands, disputes, controversies or causes of action shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claims, demands, disputes, controversies or causes of action of any other party. The arbitration shall be conducted in Orange County, State of California before a single arbitrator. The expense of the arbitration shall be borne by the parties in accordance with the award of the arbitrator. In reaching a decision, the arbitrator shall follow applicable law. The decision of the arbitrator shall be in writing setting forth the findings of fact and law, and reasons supporting the decision. This arbitration agreement shall be governed by the Federal Arbitration Act and, to the extent state law applies, by the laws of the State of California.
However, the parties, without inconsistency with this arbitration provision, may seek interim, provisional injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Any such action or proceeding shall be brought in a state or federal court of competent jurisdiction located in Orange County, State of California.
Controlling Law
This User Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. User waives right of venue and submits itself to the jurisdiction and venue of the State Courts of Orange County, California.
Complete Agreement Governing Language
This Agreement constitutes the entire agreement between the parties with respect to the use of the GoAppraiser website and services herein and supersedes any and all previous or contemporaneous oral or written communications regarding to the subject matter hereof. No amendment to or modification of this License will be binding unless in writing and signed by GoAppraiser.
WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION OF A PARTY OR EXCLUSION OF DAMAGES OR OTHER REMEDIES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. IT IS ALSO EXPRESSLY UNDERSTOOD AND AGREED THAT IF ANY PROVISION HEREOF IS FOUND TO BE INVALID, VOID OR UNENFORCEABLE FOR ANY REASON, THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
User Agreement last updated September 22, 2008.
For your convenience a copy of the User Agreement can be found in the information portion of the Client Section.