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Terms and Conditions

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Terms of use

Date Created: September 2019


Thank you for using Eval.com. We appreciate your use of our directory and innovative services.

Eval.com information, products, and services are provided by Eval.com, Inc. These terms and conditions of use ("Terms") govern your use of Eval.com’s website, directory, mobile applications, products, information and services (collectively, the "Services"), so please read them carefully.
THE FOLLOWING TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN EVAL.COM AND ANY PERSON OR ENTITY USING ITS SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE.

1. Using our services

You may use our Services only if you have the legal capacity to form a binding contract with Eval.com. Individuals under the age of majority in their state of residence are not permitted to use Eval.com. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Use of branding and logos available through our services is expressly prohibited. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.

2. Eval.com Directory

Eval.com is the first comprehensive source for providing services concerning profiles (governed by Uniform Standards of Professional Appraisal Practice “USPAP”), non USPAP evaluators, and BPO’s (broker price opinions), collectively referred to herein as “Valuation Professionals”. Our services are innovative within these professions. Our services are dynamic and continuously expanding. We strive to provide current, accurate and thorough information about valuation professionals and believe that our services are useful for valuation professionals and a wide range of consumers.
By listing valuation professionals in our directory, Eval.com is not providing an endorsement of any particular valuation professional, and is not a guarantee of a Valuation Professional’s quality, competency, or character. Eval.com services do not provide a guarantee or assurance that a particular Valuation Professional is suitable for your valuation needs. Eval.com is intended to be a reference point to gather information about valuation providers who may be suitable for your valuation needs. As with any product or service, you should conduct additional independent research to determine whether to contact or employ the services of any valuation professional.

3. Information on the services

Eval.com products and services consist of: (1) Eval.com created content and (2) content that is not created or developed by Eval.com (“Valuation Information”). We may review third party-content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. We do not routinely screen third-party content that is published via our Services. This includes the Information that valuation professionals post on Eval.com, and we cannot guarantee the accuracy, adequacy or quality of any such Valuation Information, or the qualifications of those posting it.

4. Eval.com does not directly provide valuation services or legal advice

The information found on Eval.com is intended for general informational purposes only and should be used only as a starting point for addressing your valuation needs. Eval.com does not provide valuation services. Eval.com also does not provide legal advice. By using Eval.com, you agree that you are not forming a client-Valuation Professional relationship or an attorney-client relationship with Eval.com. Our products and services are not a substitute for an in-person or telephone consultation with a valuations professional practicing in accordance with state and federal law in your jurisdiction about your specific valuation issue.

5. General information about valuation products and services

Eval.com offers information about valuation professionals and services unique in the valuation industry. Laws governing real property valuation are constantly changing within the federal government as well as state governments. The following information provides an overview of services offered by valuation professionals and the basic legal provisions addressing those services. It is a starting point for users of Eval.com to familiarize yourself with various products and services available for real estate valuation. GIVEN THE RAPIDLY EVOLVING LAWS GOVERNING APPRAISALS, VALUATIONS AND BPO’S, IT IS IMPERATIVE THAT YOU CONDUCT INDEPENDENT RESEARCH TO DETERMINE THE APPROPRIATE VALUATION PRODUCT OR SERVICE FOR YOUR NEEDS IN COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAW AT THE TIME YOU EMPLOY A VALUATION PROFESSIONAL.
Federal law overview In 2010, The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the National Credit Union Administration (NCUA) (the Agencies) are jointly issued Interagency Appraisal and Evaluation Guidelines (Guidelines).
Federal law governs certain real estate transactions, importantly, transactions involving a real estate loan. Thus, certain transactions require a USPAP appraisal and others do not.
At the time this terms and conditions of use was created, the following link described FDIC regulations regarding appraisals and valuations:
https://www.fdic.gov/regulations/laws/rules/2000-4300.html
As of September 16, 2019, 12 USC 2000, § 323.3 described the instances in which a USPAP appraisal is required. This regulation is reproduced below.
(a) Appraisals required. An appraisal performed by a state certified or licensed profile is required for all real estate-related financial transactions except those in which:
(1) The transaction value is $250,000 or less;
(UPDATED: see FDIC ruling raising transaction value to $400,000)
https://www.fdic.gov/news/board/2019/2019-08-20-notice-sum-b-fr.pdf
(2) A lien on real estate has been taken as collateral in an abundance of caution;
(3) The transaction is not secured by real estate;
(4) A lien on real estate has been taken for purposes other than the real estate's value;
(5) The transaction is a business loan that:
(i) Has a transaction value of $1 million or less; and
(ii) Is not dependent on the sale of, or rental income derived from, real estate as the primary source of repayment;
(6) A lease of real estate is entered into, unless the lease is the economic equivalent of a purchase or sale of the leased real estate;
(7) The transaction involves an existing extension of credit at the lending institution, provided that:
(i) There has been no obvious and material change in market conditions or physical aspects of the property that threatens the adequacy of the institution's real estate collateral protection after the transaction, even with the advancement of new monies; or
(ii) There is no advancement of new monies, other than funds necessary to cover reasonable closing costs;
(8) The transaction involves the purchase, sale, investment in, exchange of, or extension of credit secured by, a loan or interest in a loan, pooled loans, or interests in real property, including mortgaged-backed securities, and each loan or interest in a loan, pooled loan, or real property interest met FDIC regulatory requirements for appraisals at the time of origination;
(9) The transaction is wholly or partially insured or guaranteed by a United States government agency or United States government sponsored agency;
(10) The transaction either:
(i) Qualifies for sale to a United States government agency or United States government sponsored agency; or
(ii) Involves a residential real estate transaction in which the appraisal conforms to the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation appraisal standards applicable to that category of real estate;
(11) The regulated institution is acting in a fiduciary capacity and is not required to obtain an appraisal under other law; or
(12) The FDIC determines that the services of an profile are not necessary in order to protect Federal financial and public policy interests in real estate-related financial transactions or to protect the safety and soundness of the institution; or
(13) The transaction is a commercial real estate transaction that has a transaction value of $500,000 or less.
(b) Evaluations required. For a transaction that does not require the services of a State certified or licensed profile under paragraph (a)(1), (a)(5), (a)(7), or (a)(13) of this section, the institution shall obtain an appropriate evaluation of real property collateral that is consistent with safe and sound banking practices.
(c) Appraisals to address safety and soundness concerns. The FDIC reserves the right to require an appraisal under this subpart whenever the agency believes it is necessary to address safety and soundness concerns.
(d) Transactions requiring a state certified profile--(1) All transactions of $1,000,000 or more. All federally related transactions having a transaction value of $1,000,000 or more shall require an appraisal prepared by a state certified profile.
(2) Commercial real estate transactions of more than $500,000. All federally related transactions that are commercial real estate transactions having a transaction value of more than $500,000 shall require an appraisal prepared by a State certified profile.
(3) Complex residential transactions of $250,000 or more. All complex 1--to--4 family residential property appraisals rendered in connection with federally related transactions shall require a state certified profile if the transaction value is $250,000 or more. A regulated institution may presume that appraisals of 1--to--4 family residential properties are not complex, unless the institution has readily available information that a given appraisal will be complex. The regulated institution shall be responsible for making the final determination of whether the appraisal is complex. If during the course of the appraisal a licensed profile identifies factors that would result in the property, form of ownership, or market conditions being considered atypical, then either:
(i) The regulated institution may ask the licensed profile to complete the appraisal and have a certified profile approve and co-sign the appraisal; or
(ii) The institution may engage a certified profile to complete the appraisal.
(e) Transactions requiring either a state certified or licensed profile. All appraisals for federally related transactions not requiring the services of a state certified profile shall be prepared by either a state certified profile or a state licensed profile.
(f) Effective date. Regulated institutions are required to use state certified or licensed profiles as set forth in this section no later than December 31, 1992, unless otherwise required by law.
State law overview
State law varies considerably in terms of which valuation professionals can write non- USPAP valuation services. Eval.com recommends that you review state laws and regulations to determine the valuation product that most appropriately meets your needs.
In recent times, state law has changed considerably.
For links to state regulatory agencies visit: https://www.asc.gov

6. Premium services for profiles

Eval.com offers optional subscription services for profiles, including, but not limited to: Advertising, Premium, and Websites, along with other subscription services currently being developed (collectively, the “Premium Services”). By selecting a Premium Service you agree to pay Eval.com the subscription or usage fees (the “Subscription Fees”) indicated for that service. You further agree to provide Eval.com with a valid payment method from which Eval.com will automatically charge Subscription Fees as they become due.
Subscription Fees will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your payment method on a recurring basis until you cancel your Premium Service. The amount of the monthly recurring charge will be the then-current Subscription Fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable Subscription Fee increases.
Premium Services, other than Advertising, Websites, or other subscriptions currently being developed, must be cancelled prior to the applicable renewal date in order to avoid billing of the next month's Subscription Fee. For Advertising, Websites, Eval.com must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the applicable renewal date on which you wish to make the cancellation or reduction effective. All cancellations or reductions of advertising services must be received in writing by email ([email protected]) or by U.S. mail (Eval.com, 232 E 2 nd St, Suite 201, Casper, WY 82601 ATTN: Subscriptions). Subscription Fees for Premium Services are not prorated or refundable. In no event will a cancellation or reduction in service relieve you of your obligation to pay the Subscription Fees that are due for the period prior to the effective date of cancellation or reduction in service.
If your payment method fails or your account is past due, Eval.com reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Eval.com within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Premium Services may include the publication of advertising or website content you provide to us (the “Premium Services Content”). You retain all rights in, and are solely responsible for, the Premium Services Content posted on Eval.com You give Eval.com, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Premium Services Content (in whole or in part) in providing the Services.

7. Advertising and communications

It is solely the responsibility of valuation professionals to ensure that any information or advertisements they post or place on the Eval.com website (including without limitation any Valuation Information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those governing professional appraisal practice and the form, manner or content of communications with clients, advertising, or other matters.

8. Copyright

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Eval.com’s legal department: Eval.com Attn: Legal Department Scott J. Olheiser, Executive Counsel 232 E 2 nd St, Suite 201 Casper, WY 82601 email: [email protected]

9. Eval.Com intellectual property

Eval.com and its logo are the exclusive property of Eval.com, Inc. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

10. Disclaimers and acknowledgements regarding use of Eval.com

The real estate valuation industry is constantly changing. As of September 2019 five (5) states have pending legislation that could impact valuation professionals. Similarly, federal regulations regarding valuations and appraisals have evolved substantially in the last ten (10) years. Eval.com strives to provide useful, pertinent and accurate information for consumers of valuation services, there are some things that we cannot guarantee. Eval.com also allows valuation professionals to provide information about their services. This information is not independently reviewed or audited by Eval.com. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. EVAL.COM DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EVAL.COM AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." EVAL.COM ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVAL.COM OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) ANY VALUTION OPINION PERFORMED BY VALUATIONS PROFESSIONALS LISTED ON EVAL.COM; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EVAL.COM, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

12. User posted content & other interactive services or areas

Eval.com includes interactive areas in which you may post content and information, questions and answers, comments, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to Eval.com. You are also solely responsible for your use of such interactive features, and use them at your own risk. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. When you post User Content to Eval.com, you give Eval.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Eval.com platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

13. Indemnification

You agree to defend, indemnify and hold harmless Eval.com, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

14. Modifications

Eval.com may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.

15. Applicable law

You expressly agree that exclusive jurisdiction for any dispute with Eval.com, or in any way relating to your use of the Eval.com Site is governed by the laws of the State of Wyoming.
These Terms are governed by the internal substantive laws of the State of Wyoming. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

16. Termination

Notwithstanding any of these Terms, Eval.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Eval.com reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

17. Entire agreement

These Terms constitute the entire agreement between you and Eval.com with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

18. Waiver, severability, and assignment

Eval.com’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Eval.com may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

19. Questions and contact information

If you have any question regarding the use of the Site or its contents should be directed to customer support or call us at (307) 200-8951.