Terms of Use

AGREEMENT BETWEEN CLIENT/USER AND Atlantic-Pacific Appraisal

 

Your request for our appraisal service, and our subsequent acceptance, constitute an agreement by both parties to the following:

A written appraisal using the standard requested form format for the purpose of estimating Market Value or other Lending Purposes One original report with original photographs & signatures complete with data, assumptions, definitions, calculations and opinions in support of the final value conclusion. (delivered by email in PDF format or other format as required) Each accepted appraisal assignment assumes that the lender/client has read, understands, and agrees to the Statement of Limiting Conditions and Appraiser’s Certification (attached to each report on FNMA Form1004); and to the standard definition of market value (also on form 1004).

Atlantic-Pacific Appraisal shall make every effort to complete the assignment within a reasonable and competitive time frame. However, if a specific time frame is needed please advise us of that at the time the appraisal assignment is placed. If the time frame you request is not practical or feasible for us, we will advise you of that prior to accepting the assignment. We take pride in providing a high quality of service, however unforeseen delays may occur that are beyond the control of the appraiser. They may include: incomplete information provided at the time of assignment, slow responses by contacts for verification of market data, severe weather conditions, or missed appointments by the person with whom the inspection appointment was set.

Atlantic-Pacific Appraisal will communicate any such delays to the client promptly.

 

Privacy Policy

Atlantic-Pacific Appraisal does not store, keep, save, or otherwise collect credit card information from borrowers. Our information is submitted directly from a borrower through our payment link, or is processed by staff of a lending institution that has signed authorization from the cardholder to process the charge. All services rendered are final, and disputes about charges should be taken up with your lending institution. Payment is for services rendered by the appraiser and the AMC, and does not guarantee value, or may not be to the cardholders liking. Please note that an appraisal is an opinion of value, and as an opinion, may differ from others opinions. Cardholder is paying for the AMC’s services, and appraisers opinion.

 

Refund Policy

Atlantic-Pacific Appraisal Inc has a $25 cancellation fee once the appraiser is engaged. If a refund needs to be issued before an appraiser has been engaged, card holder is subject to a $10 Refund Fee. All other services including but not limited to AVM’s, Social Security Verifications, Tax Transcripts, & in house reviews are non refundable.

 

Payment Payment

is due when the report is ordered and is not conditional on whether the loan is approved and/or if the order is cancelled.

 

NO CONTINGENT PAYMENTS

Payment is not contingent upon closing of a mortgage loan or the closing of any real estate transaction. Payment is also not contingent upon obtaining a certain value.

 

PAYMENT METHOD

All Appraisals are C.O.D. or Credit Card Online unless prior billing arrangements have been made. (if BILL LENDER: lender agrees to pay for appraisal within thirty (30) of receipt of appraisal, and will pay for appraisal if loan does not close/fund. Lender further agrees that payments after 60 days will include a $25 late fee and understands that all nonpayment will be forwarded to collections and/or appropriate business agency).

 

WEBSITE

The Atlantic-Pacific Appraisal Web Site and Atlantic-Pacific Appraisal services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Atlantic-Pacific Appraisal Web Site and Services constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

Atlantic-Pacific Appraisal reserves the right to change the terms, conditions, and notices under which the Atlantic-Pacific Appraisal Web Site is offered, including but not limited to the charges associated with the use of the Atlantic-Pacific Appraisal Web Site.

 

LINKS TO THIRD PARTY SITES

The Atlantic-Pacific Appraisal Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Atlantic-Pacific Appraisal and Atlantic-Pacific Appraisal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Atlantic-Pacific Appraisal is not responsible for web casting or any other form of transmission received from any Linked Site.

Atlantic-Pacific Appraisal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Atlantic-Pacific Appraisal of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Atlantic-Pacific Appraisal Web Site, you warrant to Atlantic-Pacific Appraisal that you will not use the Atlantic-Pacific Appraisal Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Atlantic-Pacific Appraisal Web Site in any manner which could damage, disable, overburden, or impair the Atlantic-Pacific Appraisal Web Site or interfere with any other party’s use and enjoyment of the Atlantic-Pacific Appraisal Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Atlantic-Pacific Appraisal Web Sites.

 

USE OF COMMUNICATION SERVICES

The Atlantic-Pacific Appraisal Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including email addresses, without their consent.

* Violate any applicable laws or regulations.

Atlantic-Pacific Appraisal has no obligation to monitor the Communication Services. However, Atlantic-Pacific Appraisal reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Atlantic-Pacific Appraisal reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Atlantic-Pacific Appraisal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Atlantic-Pacific Appraisal sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Atlantic-Pacific Appraisal does not control or endorse the content, messages or information found in any Communication Service and, therefore, Atlantic-Pacific Appraisal specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Managers and hosts are not authorized Atlantic-Pacific Appraisal spokespersons, and their views do not necessarily reflect those of Atlantic-Pacific Appraisal.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO Atlantic-Pacific Appraisal OR POSTED AT ANY Atlantic-Pacific Appraisal WEB SITE

Atlantic-Pacific Appraisal does not claim ownership of the materials you provide to Atlantic-Pacific Appraisal (including feedback and suggestions) or post, upload, input or submit to any Atlantic-Pacific Appraisal Web Site or its associated services
(collectively “Submissions”). However ,by posting, uploading, inputting, providing or submitting your Submission you are granting Atlantic-Pacific Appraisal, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.

Atlantic-Pacific Appraisal is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Atlantic-Pacific Appraisal sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Atlantic-Pacific Appraisal WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Atlantic-Pacific Appraisal AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Atlantic-Pacific Appraisal WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Atlantic-Pacific Appraisal WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Atlantic-Pacific Appraisal AND/OR ITS Vendor/SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Atlantic-Pacific Appraisal WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Atlantic-Pacific Appraisal AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Atlantic-Pacific Appraisal AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Atlantic-Pacific Appraisal WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Atlantic-Pacific Appraisal WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Atlantic-Pacific Appraisal WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Atlantic-Pacific Appraisal WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Atlantic-Pacific Appraisal OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Atlantic-Pacific Appraisal WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Atlantic-Pacific Appraisal WEB SITE.

Client agrees that Atlantic-Pacific Appraisal is acting as a third party management platform and is only responsible for the following: obtaining vendors using a nationwide network of vendors managing the order placement and retrieval process In this capacity Atlantic-Pacific Appraisal acts as a third party , independent facilitator , and is in no way liable for the opinions of value or methodology’s used in obtaining those value opinions by vendors. In any event where a vendors value opinion is called into question, the Client agrees that the Vendor shall be responsible, and will hold Atlantic-Pacific Appraisal harmless in the transaction.

 

TERMINATION/ACCESS RESTRICTION

Atlantic-Pacific Appraisal reserves the right, in its sole discretion, to terminate your access to the Atlantic-Pacific Appraisal Web Site and the related services or any portion thereof at any time, without notice.

 

Governing Law/Arbitration

This Agreement shall be construed and governed by the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph If you feel we are not abiding by this privacy policy, you should contact us immediately via contact page at www.apalinks.com

 

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.