Terms and Conditions of Use Lincolnappraisal.com

IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the Lincolnappraisal.com Web site (the "Web Site") provided by Lincoln Appraisal & Settlement Services, LLC ("Lincoln Appraisal"). By visiting, using, and/or submitting information to the Web Site, you agree, and any person or entity on whose behalf you are acting agrees, to be bound by the Terms and Conditions. These Terms and Conditions are subject to change by Lincoln Appraisal at any time in its sole discretion, and without prior notice. Your use of the Web Site after such changes are included in the Terms & Conditions constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly.

If you do not agree to these Terms and Conditions (including any referenced policies or guidelines) as modified from time to time, you are not authorized to access or otherwise use the Web Site or services available from the Web Site. If you have any questions regarding the use of the Web Site, please email us at info@lincolnappraisal.com. You may also call toll free at 1-877-696-5462.


Privacy Statement

Lincoln Appraisal believes strongly in providing Users notice of how it collects and uses data, including personal information, collected from the Web Site. Therefore, Lincoln Appraisal has adopted a Privacy Statement to which Users should refer to understand how Lincoln Appraisal collects and uses data.

Permitted Use

User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational and informational purposes and to order services from Lincoln Appraisal. User will not use the Web Site for any other purpose, including any other commercial purpose, without Lincoln Appraisal'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 Lincoln Appraisal 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, difficulties with service suppliers, periodic updating, maintenance or repair of the Web Site or actions that Lincoln Appraisal, in its sole discretion, may take. Lincoln Appraisal 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.

Copyrights, Trademarks and Notices

Many features of the Web Site, including without limitation, the “Lincoln Appraisal” service mark, Lincoln Appraisal Group.com, design, text, graphics, pictures, and other files, are intellectual property and the proprietary information of Lincoln Appraisal and its content providers, and Lincoln Appraisal and its content providers retain all right, title, and interest in any intellectual property and other Content of the Web Site. Except as expressly stated in the Terms and Conditions, 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 Lincoln Appraisal, which permission may be withheld in Lincoln Appraisal’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 Web Site or any of its Contents.


Disclaimer

User will have access to a variety of sources of content through the Internet. Lincoln Appraisal has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, Lincoln Appraisal 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. Lincoln Appraisal 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 Lincoln Appraisal, Lincoln Appraisal does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that Lincoln Appraisal 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. Lincoln Appraisal 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. LINCOLN APPRAISAL 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. LINCOLN APPRAISAL 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 DELAY IN PERFORMANCE, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LINCOLN APPRAISAL 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 Web Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise of others does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


Indemnity

As a condition of use of this Web Site, User agrees to indemnify Lincoln Appraisal 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 Rhode Island without regard for principles of conflicts of laws. Any civil action for injunctive relief regarding a breach or threatened breach of any provision of these Terms and Conditions shall be brought exclusively in a state or federal court in the State of Rhode Island, and User consents to the exclusive jurisdiction and venue of such courts. 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 Condition 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 Providence, RI. The arbitrator shall be selected by User and Lincoln Appraisal, and if User and Lincoln Appraisal 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 Lincoln Appraisal and User and Lincoln Appraisal'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 Lincoln Appraisal be entitled to punitive damages and both User and Lincoln Appraisal 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.


Submissions

User agrees that any materials other than User’s personal information, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by User in the form of e-mail or submissions to Lincoln Appraisal, or postings on the Web Site, are non-confidential (subject to our Privacy Policy). We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to User. The submission of any materials to Lincoln Appraisal, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials.

User agrees not to submit any of the following material to Lincoln Appraisal, 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 this Web Site.