Terms of Use

These Terms and Conditions of Use (herein "Terms of Use") shall apply to all users of the AppraisalShareware.com website (herein “the Site”) and any affiliated sites, including download mirrors hosting content provided by the AppraisalShareware.com website.

Ownership: Appraisal Shareware, LLC, a Colorado Limited Liability Company, (herein “Website Owner”) is the registered owner of the internet domain “AppraisalShareware.com” and all content hosted therein.

Parties: The parties to this agreement include the Website Owner and an internet user who accesses the website (herein Website User”).

Implied consent by Website User: By using the Site, the Website User agrees to these Terms of Use. If the Website User does not agree to these Terms of Use, the Website User agrees not to use the Site.

Future modifications of agreement: The Website Owner reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  It is the Website User’s responsibility to check these Terms of Use periodically for changes. Continued use of the Site following the posting of changes shall constitute effective notice and Website User’s acceptance and agreement to any changes. As long as the Website User complies with these Terms of Use, the Website Owner grants the Website User a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Site. 

Related Notices:  The following documents are incorporated herein by reference and may be reviewed by following the links below: Privacy Policy; Copyright Notices; End User License Agreement.

Content:  All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the Website Owner and is protected by copyright, patent and trademark laws, and applicable intellectual property protection laws. 

Protection of Website Content: Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of the Website Owner. 

Use of Website Content: The Website User may use information on Appraisal Shareware, LLC products and services purposely made available by Appraisal Shareware, LLC for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents. 

Automated Access Prohibited: Website users shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Website Owner reserves the right to bar any such activity. 

Prohibited activities: Website users shall not: 1) Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any affiliated server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means; 2) Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; 3) Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Website Owner, including any Site account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information other than your own information, as provided for by the Site. 

Unreasonable usage: Website Users shall not impose an unreasonable or disproportionately large load on the infrastructure of the Site or related systems or networks.

Interference with Site functions, users or transactions: Website users shall not use any device, software, or agent to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with others use of the Site. 

Interference with network traffic:  Website users shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal sent to or through the Site, or any service offered on or through the Site. Website users shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

Unlawful activity:  Website users shall not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website Owner or others. 

Additional Terms and Conditions (Purchases/Licenses):  Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. Website Users agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. 

Product liability: The Website Owner’s obligations, if any, with regard to its products and services are governed solely by the license agreements pursuant to which they are provided, and nothing on the Site or in these Terms of Use shall be construed to alter such agreements. 

Changes in product specifications: The Website Owner may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice. Occasionally, materials on the Site regarding the affected products and services may become out of date.  The Website Owner shall not be liable for damages arising from obsolete product descriptions or specifications, and is not expected to insure continuous accuracy of site content regarding dynamic changes in such products and services. 

Privacy: The Site’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Website users are cautioned that Internet transmissions are never completely private or secure and any communication with the Site may be read or intercepted by others even if there is a special notice that a particular transmission is encrypted. 

Affiliated sites:  This Site may contain links to independent third-party Web sites (herein "Linked Sites") which are provided solely as a convenience to our visitors. Such Linked Sites are not under the Website Owner’s control, and the Website Owner is not responsible for the content of Linked Sites.

Disclaimer: The Website Owner cannot guarantee that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that defects discovered can be immediately corrected, or that use of the site will provide specific results. The Website Owner disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the Site is subject to change without notice. While the Website Owner takes reasonable anti-virus precautions by scanning all content made available for downloading from the Site, the Website Owner cannot guarantee Website Users complete protection from unknown or undetected viruses, contamination or destructive features. Reasonable anti-virus, firewall, and malware protection are recommended for all Website Users.  The Website Owner disclaims any and all liability for the acts, omissions and conduct of third parties in connection with use of the Site and its services. Website Users assume complete responsibility for use of the Site and any linked sites. Website Users remedy for dissatisfaction with the Site or its content is to cease use of the Site or such content. This limitation of relief is a central tenet of the agreement between the parties and shall be applicable to any claim for damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. 

Website changes:  At any time, with or without prior notice, the Website Owner reserves the right to: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site; (2) modify or change applicable policies or terms relating to operation or access to the Site, or any portion of the Site, and (3) to interrupt operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

Limitation of Liability:  Except where prohibited by law, in no event will the Website Owner be liable to Website Users for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Website Owner has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, the Website Owner is found to be liable to Website Users for damage or loss arising from use of the Site or its Content, the Website Owner’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against the Website Owner (including the purchase price for any software products sold or licensed to the Website User by the Website Owner), or (2) US$10.00.

Indemnification: The Website User agrees to indemnify and hold the Website Owner, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against the Website Owner by any third party due to or arising out of or in connection with use of the Site. 

Violation of Terms of Use: Irrespective of the Site privacy policy, the Website Owner may disclose any available information about a Website User under the following conditions: 1) It is determined that such disclosure is necessary in conjunction with an investigation or complaint regarding inappropriate use of the Site, or to identify, contact or initiate legal action against a Website User whose activity is injuring or interfering with the Website Owner’s rights or property, or the rights or property of other Website Users; 2) It is determined that such disclosure is necessary to comply with any applicable law, regulation, legal process or governmental request; or 3) It is determined that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. 

Preservation/release of records: Irrespective of the Site’s privacy policy, the Website Owner may preserve any transmittal or communication from Website Users through the Site and may disclose the contents thereof if required to do so by law or if disclosure is necessary: (1) to comply with legal process; (2) to enforce these Terms of Use; (3) as evidence in response to claims that the Website User’s activity on the Site violated the rights of others; or (4) to protect the rights, property or personal safety of the Website Owner, its employees, users of or visitors to the Site, and the public. 

Termination of Site Access:  The Website Owner may, in its sole discretion and without prior notice, terminate access to the Site for cause, including but not limited to: (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems. The Website Owner may also, in its sole discretion and without prior notice, terminate the Website User’s access to the Site and/or block future access to the Site if it is determined that the Website User has violated these Terms of Use or other agreements,  guidelines, or policies established for use of the Site. 

Remedies: If the Website Owner brings legal action against the Website User for violation of these Terms of Use, the Website Owner will be entitled to recover reasonable attorneys' fees and costs of such action in addition to any other relief granted to the Website Owner by the court. The Website Owner will not be liable to the Website User or any third party for damages claimed from termination of access to the Site resulting from a violation of these Terms of Use.