Terms and conditions
Appreeze terms of use
EFFECTIVE December 28, 2023
These Terms of Use (the “Terms”) apply to websites, online platforms, and online applications (collectively, the “Sites”) in the control of Appreeze, Inc.,and its successors and assigns (“we,”“us,” “our,” and “APPREEZE”).
APPREEZE acts as an intermediary, connecting third-party Appraisers with Requesters in need of appraisal services (“Services”). The Services that we provide are governed by the Terms outlined below. Because we are an online service, the terms of our contract with you are set forth below in plain language. If you don’t agree with the Terms, then you may not use our Services or Sites. If you do use our Services or Sites, then that action will serve as your agreement to be bound by our Terms.
READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES. USE OF THE SITES AND/OR CREATING AN ACCOUNT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT,CLASS ACTION WAIVER, LIMITATIONS OF LIABILITY AND INDEMNIFICATION CLAUSES, EACH ASMORE FULLY SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SITES OR CREATE AN ACCOUNT.
Use of the Sites
We grant you a non-transferable, non-exclusive, limited license toaccess and use the Sites solely in connection with viewing the Sites for your personal or internal business purposes. Unless you have explicit written permission, you must not reproduce, modify,rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion, use of, or access to, the Sites (including User-Created Content, advertisements, APIs,and software). You may access and use the Sites only for lawful purposes and in accordance with these Terms.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and APPREEZE as a result of these Terms or use of the Sites. You agree not to hold yourself out as a representative, agent, or employee of APPREEZE, and that APPREEZE shall not be liable for any representation, act, or omission by you.
The Sites are intended only for use by Florida residents. We make no claim that the Sites or their contents are accessible or appropriate outside of Florida or the United States.The Sites may not be used by any person or entity in any jurisdiction or country where any such distribution or use would be contrary to local law or regulation. Not all products and services are available in all areas, and your eligibility for any particular product or service is subject to the final approval and acceptance of APPREEZE. APPREEZE may discontinue or make changesto the information,
products, or services described in the Sites at any time without prior notice. At this time, APPREEZE’s services are limited to Florida residents and businesses.
You are solely responsible for providing the equipment needed to access the Sites. You are responsible for ensuring that all persons who access the Sites through your internet or cellular connection are aware of these Terms and comply with them.
By accessing or using the Sites, you agree that you will comply withall applicable laws and will not:
• Copy any portion of the Sites or use any tool, device, or process (manual or automatic) to gather, extract, monitor, or copy any information contained within the Sites;
• Access or obtain, or attempt to access or obtain, any personal, nonpublic, or confidential information contained within the Sites which you are not authorized to access or obtain;
• Access or attempt to access any portions of the Sites which are password-protected, secure, or nonpublic areas of the Sitet hat you are not authorized to access;
• Send, expose, disclose, reveal, or share nonpublic private information through the Sites without the express written consent of the owner of the information;
• Remove or conceal any proprietary notices from the Sites;
• Modify, create derivative works, translate, reverse engineer, decompile, hack, disassemble, or in any way exploit the Sites, or any contents or any other elements contained or offered by the Sites;
• Use the Sites for the benefit of any third party or in any manner not permitted by the licenses granted herein;
• Interfere with the operation of the Sites, the server(s) on which the Sites are stored, or any associated server, computer, or database, or others' enjoyment or use of the same;
• Place any software, code, or communication, such as cookies, spyware, robots or viruses, or other malicious or technologically harmful material, on the Sites;
• Access, create, or modify source, object, or other code of the Sites in any way;
• Create, post, display, publish, or distribute any link to any page of the Sites;
• Use the Sites to, or in any way that would, violate any applicable local, state, national, or international law, regulation, ordinance or practice having the force of law;
• Use the Sites to exploit or harm, or attempt to exploit or harm, APPREEZE or others;
• Send, knowingly receive, upload, download, use, or re-use material that does not comply with the User-CreatedContent Standards set out in the following section;
• Transmit or procure the sending of any advertising or promotional material, including any “junkmail,” “chain letter,” “spam,” or similar solicitation;
• Advertise or offer to sell any goods or services for any commercial purpose;
• Conduct or forward surveys, contests, pyramid schemes, or chain letters;
• Impersonate or attempt to impersonate APPREEZE, its employees, or anyone else;
• Engage in any other conduct that we, in our sole discretion, determine may harm APPREEZE or users of the Sites, or expose APPREEZE or them to liability; and
• Use any robot, spider, or other automatic devise, process, or means to access the Sites for any purpose, including monitoring or copying any material from the Sites.
If you violate any of the terms of this Section, your permission to use the Sites automatically terminates.
User-Created Content Standards
Portions of our Sites might allow you to post, link, store, share, and otherwise make available certain information, feedback, text, graphics, videos, or other material(“User-Created Content”). You are authorized to postUser-Created Content to the Sites only for the purpose of conducting business with APPREEZE, its agents, independent contractors, and any other third-parties providing services on the Sites.You are responsible for the User-Created Content that is posted to theSites from your Account (whether by you and/or your authorized representative), including its accuracy, legality, reliability, and appropriateness. Such User-Created Content that you post may not:
• Contain defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material;
• Promote sexually explicit or pornographic materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person, including rights of publicity and privacy;
• Contain any material that could give rise to any civil or criminal liability under applicable laws, regulations, ordinances, or practices having the force of law, or otherwise conflict with these Terms or our PrivacyNotice;
• Be likely to deceive APPREEZE or anyone else;
• Promote illegal activity or an unlawful act(s);
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy APPREEZE or anyone else; or
• Impersonate any person, or misrepresent your identity, affiliation with, or endorsement by, any person or organization.
By posting User-Created Content to the Sites, you grant APPREEZE the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User-Created Content, in whole or in part, in any manner and for any purpose, and in any format or medium now known or later developed, at APPREEZE’s sole discretion. Such right and license are irrevocable, nonnegotiable, perpetual, transferable, non-exclusive, fully-paid, worldwide, and royalty-free.
By submitting User-Created Content, you represent and warrant that:(i) you are at least 18 years old; (ii) the User-Created Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; (iii) the posting of yourUser-Created Content on or through the Sites does not violate any law, or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; (iv) theUser-Created Content does not contain personal, confidential, or proprietary information; (v) the User-Created Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and (vi) theUser-Created Content is not known by you to be false, inaccurate, or misleading.
If you violate any of the terms of this Section, your permission to use the Sites automatically terminates.
APPREEZE has the right, but accepts no obligation, to monitor and delete User-CreatedContent posted on the Sites for any or no reason.We do not undertake to review material before it is posted on the Sites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, APPREEZE shall not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and that APPREEZE shall not be liable or responsible to anyone for performance or nonperformance of the activities described in this section.
Monitoring and Enforcement
We have the right,but not the obligation, to:
• Remove or refuse to post any User-Created Content for any or no reason in our sole discretion;
• Take any action with respect to any User-Created Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Created Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for APPREEZE;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of theSites;
• Terminate or suspend your access to all or part of the Sites for any or no reason; and
• Cooperate fully with any law enforcement authorities (with or without court order, subpoena, or legal process)or with a court order, subpoena, or legal process from any third party, requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Sites. YOU WAIVE AND HOLD HARMLESS APPREEZE AND ITS AFFILIATES,LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY APPREEZE AND/ORANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Privacy
We respect and are committed to protecting your privacy. Certain Sites may collect personal information from you to provide the services and products you have requested from us. You should only provide personal information where specifically requested within theSites. You are responsible for the personal information that you enter or transmit on the Sites. Personal information entered in portions of the Sites intended to collect that information is not considered User-Created Content, and, as between you and APPREEZE, you remain the owner of your personal information. Our use of personal information is governed by the provisions of our Privacy Notice.
We recommend that you read the Privacy Notice prior to submitting your personal information on the Sites. You consent to APPREEZE’s collection, use, and disclosure of personal information as described in the Privacy Notice. You are fully responsible for ensuring that you restrict entry of personal information only to the portions of the Sites intended to collect that information. You are fully responsible for ensuring that personal information you submit is accurate, current, and complete; that you submit only your own personal information or have obtained permission from the owner of personal information you submit on that owner’s behalf; and that you and anyone whose personal information you submit are over the age of eighteen (18). If you are under the age of 18, please do not create a user Account or send any personal information about yourself. If we learn we have collected personal information from a child under 16, we will delete that information.
Accounts
In order to use most aspects of the Sites, you must register for and maintain an active personal user account (“Account”). By registering for an Account, you acknowledge that you have read and understand these Terms and that the Terms are a legal contract between you and APPREEZE governing your use of the Sites. You also agree to be bound by any rules and policies published on the Sites. You also certify that you are at least 18 years of age, reside in Florida, and that, if you are acting on behalf of another person, you are authorized to do so. When you create an Account with us, you must provide information that is accurate, complete, and current.Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Sites.
You are responsible for safeguarding your username, password, and other log-in information (e.g., answers to security questions) (“Credentials”) that you use to access the Sites and for any activities or actions under your Credentials. You must immediately log off from your account at the end of each session.
You agree not to disclose your Credentials to any third party. You are solely responsible for all uses of your Credentials, including, but not limited to, any Account activity or transactions conducted through the use of your Credentials, whether or not authorized by you.
If you become aware of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Credentials, you must immediately notify us by emailing us at [email protected]. You must ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
Additional Terms for Requesters
“Requesters” are users of the Sites that submit an order for an Appraisal Report. A Requester may be a lender, lawyer, homeowner, real estate agent, or other individual seeking an appraisal of a property (“Appraisal Report”). Once a Requester submits an order for an Appraisal Report on the Sites, APPREEZE notifies an Appraiser that an opportunity is available so that the Appraiser may complete the Requester’s AppraisalReport. It is up to the Appraiser to decide whether or not to offer services to a Requester or at all, and it is up to the Requester to decide whether or not to accept such services from an Appraiser. Please note that once your request for the Services has begun, you may no longer have the option to reschedule or cancel. In the event the Appraiser has begun work and cannot reschedule or cancel the Requester’s AppraisalReport, the Requester may be charged a fee up to the value of the Appraisal Report requested.
In addition to the remaining Terms stated herein, each Requester represents, warrants, and agrees to the following:
• By submitting an Appraisal Report on the Sites, the Requester represents that it is either acting on its own behalf or has express authorization from the homeowner to submit the request, including permission to provide any personal information submitted in furtherance thereof.
• Maintaining a profile on our Sites is completely free; however, requesting an Appraisal Report will include charges for the goods or services you receive from APPREEZE and/or the Appraiser (“Charges”).Prices displayed to you when purchasing AppraisalReport[s] through the Sites will be inclusive of retail prices charged by the Appraiser and fees paid to APPREEZE. APPREEZE will enable your payment of the applicable Charges for Appraisal Report[s] obtained through your use of the Sites.Charges will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cancellation fees, wire fees, and/or payment processing fees (including taxes, collectively “Additional Fees”).
• Charges you incur will be owed directly to Appraisers, and APPREEZE will collect payment of those Charges from you, on the Appraiser’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly byyou to the Appraiser. Payment to an Appraiser for an Appraisal Report shall be considered to occur at the moment you submit payment through the Sites. All Charges and payments will take place on the Sites, via APPREEZE’s third-party payment processor, StipeInc. As between you and APPREEZE, APPREEZE reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of theSites at any time. APPREEZE will use reasonable efforts to inform you ofCharges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
• Charges paid by you are final and non-refundable, unless otherwise determined by APPREEZE and the Appraiser assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction shouldbe made to any Charge you incurred, please email us at [email protected] to initiate such requests within fourteen (14) calendar days after the Charge took place or APPREEZE will have no further responsibility and you waive your right to later dispute the amounts charged.
• A Requester’s ability to request, and if applicable, obtain an Appraiser’s service in connection with the use of the Sites does not establish APPREEZE as a provider of anything other than the Services. Independent third-party Appraisers are not actual agents, apparent agents, ostensible agents, or employees of APPREEZE in any way. Any effort, feature, process, policy, standard or other effort undertaken by APPREEZE to facilitate your receipt of the Appraiser’s third-party services is not an indicia of an employment, actual agency, apparent agency, or ostensible agency relationship with an Appraiser.Namely, APPREEZE conducts a limited review of an Appraiser’s qualifications first, at the time the Appraiser applies for an Account on the Sites, and second, during the first month of each calendar year, which includes (i) verifying that theAppraiser has an active appraiser’s license authorizing him or her to offer appraisal services in Florida; and (ii) confirming that the Appraiser has a real estate professional error & omissions insurance policy. For the purposes of subpart (i) Requester agrees that APPREEZE’s verification of theAppraiser’s license number in the Florida government’s website shall be sufficient; moreover, for the purposes of subpart (ii) an error and omission insurance policy with coverage extending through the calendar year under review shall also be sufficient. By submitting an order for an Appraisal Report on theSites, Requester understands that APPREEZE makes no representations or warranties regarding the Appraiser’s professional qualifications beyond those two expressly stated herein, and Requester unequivocally accepts the same as sufficient for use of the Sites and the Appraiser’s services. Accordingly, to the extent claims arises with respect to the Appraiser’s rendering of appraisal services contemplated herein, the Requester agrees to exclusively bring such claim[s] against the Appraiser individually and expressly indemnifies APPREEZE for any and all liability arising or relating to such claim[s], except for claims of gross negligence relating to APPREEZE’s review of subparts (i) and (ii) above.
• Requester understands that APPREEZE may send text messages and email relating to Account verification, scheduling, and other information about their Appraisal Report request. By creating anAccount, Requester expressly agrees to accept and receive communications from APPREEZE and/or Appraisers including via email, text message, calls, in-app communications, and push notifications to the telephone number(s) or email address you provided to APPREEZE. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of APPREEZE, and/or Appraisers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. Requester further understands that these are necessary requirements for use of the Sites’Services. In other words, the only way to opt-out of such messages is to not use the Sites. For purposes of clarity, text messages between you andAppraisers are transactional text messages, not promotional text messages.
• The video walkthrough in support of the Appraisal Report may be conducted by theRequester or any other individual the Requester selects (the “Presenter”). By submitting User-CreatedContent to the Sites, the Presenter represents and warrants that he or she is authorized to submit such information in support of the Requester’s Appraisal Report and that such information is accurate, unaltered, and truthful.The Presenter agrees to be bound by these Terms, including without limitation, those related to User-Created Content.
• As either a Presenter or Requester, you understand that while APPREEZE may connect you with Appraisers, we are not a party to that transaction and do not make any representations or warranties with respect to their AppraisalReports, competence, licensure, or insurance—except as expressly stated herein.Instead, you understand that Appraisers on the Sites are independent contractors and you elect to engage their services at your sole discretion and risk. Accordingly, by using the Sites, Presenter and Requesters agree to release and indemnify APPREEZE from any and all claims relating to the development, completion, and delivery of AppraisalReports—all of which shall be borne by the Appraiser, alone.
Additional Terms for Appraisers
“Appraisers” are third-party service providers that conduct appraisals and deliver Appraisal Report[s] in connection with a Requester’s order on the Sites. By creating an Account and providing services on our Sites, Appraisers represent, warrant, and agree with the following terms:
• You grant APPREEZE permission to display on our Sites information that we have gathered or you have supplied related to your real estate and appraisal experience, geographic location, market specialties, licensure, insurance, and other information related to the services you may provide to Requesters.
• Maintaining a profile on our Sites is completely free. However, if you choose to accept a Requester’s Appraisal Report order, then you agree APPREEZE will be entitled to a fee for its services. APPREEZE’s fee will be disclosed to the Appraiser prior to accepting an Appraisal Report order from a Requester, and by accepting such an order,Appraiser agrees to have APPREEZE act as its limited payment collection agent—authorizing APPREEZE to collect full payment from theRequester for the completed Appraisal Report on the Appraiser’s behalf.Appraiser further authorizes APPREEZE to subtract its fee and Additional Fees before remitting the balance of the Charges to Appraiser. Appraiser consents and agrees that APPREEZE shall have up to fourteen(14) business days from the date it receives Requester’s payment of the Charges to initiate Appraiser’s disbursement. If the Requester submits a dispute to an Appraisal Report (i) prior to APPREEZE initiating payment to Appraiser, Appraiser agrees that APPREEZE may withhold payment until the dispute is resolved, in Requester’s exclusive discretion, and if ultimately such attempts to resolve the dispute are unsatisfactory toRequester, APPREEZE may refund Requester without any further authorization from Appraiser; or (ii) if Requester submits the dispute after APPREEZE initiated payment to Appraiser, Appraiser agrees to refund Requester in full if Appraiser and/or APPREEZE cannot resolve the dispute, inRequester’s exclusive discretion.
• Your participation on our Sites is voluntary and can be terminated by either of us for any reason at any time with written notice.
• You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone acting at your direction, whether express or implied. For example, this means: (i) you are responsible for obtaining and maintaining at least a real estate professional error & omissions insurance policy with coverage that is commercially reasonable for the Appraisal Report that you are performing, (ii) you are responsible for obtaining and maintaining an appraisal license from the state within which you are performing an appraisal; (iii) by accepting a Requester’s Appraisal Report, you represent and warrant that you have complied with parts (i) and (ii)herein, and such insurance and licensure is current, valid, and effective; (iv)you agree to assume sole liability with respect to any Appraisal Report that you produce for the Sites and indemnify APPREEZE for any claims by aRequester or Presenter relating thereto; (v) you are responsible for paying any costs or expenses associated with completing a Requester’s AppraisalReport, and (iii)you must act with integrity, treat others with respect, and comply with applicable laws at all times.
• Each time you complete aRequester’s Appraisal Report, you certify that the Appraisal Report was completed in compliance with the Appraiser Independence Requirements (AIR) and the USPAP standards. The appraiser(s) responsible for preparing the Appraisal Report thereby certify that the Appraisal Report was completed and the opinion of value developed in accordance with USPAP standards; and at no time did any employee, director, officer, or agent of the Requester, or any third party acting as joint venture partner, independent contractor, appraisal company, appraisal management company or partnering on behalf of theRequester, influence or attempt to influence the development, reporting, result or review of the AppraisalReport. Similarly, the appraiser certifies that APPREEEZE had no role in preparing the AppraisalReport. The appraiser further certifies he or she is currently licensed and/or certified by the state in which the property to be appraised is located, and that there have been no sanctions against him or her for any reason that would impair their ability to perform appraisals and/or complete the Appraisal Report[s]. The undersigned certifies the Appraisal Report complies with the Appraisal Independence provisions.
• You acknowledge that preparing and delivering an Appraisal Report may carry certain risks and agreethat you assume the entire risk arising out of your access to and use of the Sites, deliverables generated in response to a Requester’s Appraisal Report, or any interaction you have with Requesters and Presenters whether in person or online. You agree that you have had the opportunity to investigate the Sites and any laws, rules, regulations, or obligations that may be applicable to your Appraisal Report and that you are not relying upon any statement of law made by APPREEZE.
Intellectual Property
The Sites and their content, features, and functionality are and will remain the exclusive property of APPREEZE and its licensors. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of APPREEZE and its affiliates or licensors. Our trademarks and trade dress may not be used for any purpose without the prior written consent of APPREEZE. You have no right, title, or interest in or to the Sites or any of their contents. All rights not expressly granted are expressly reserved by APPREEZE.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials(or access to them) from the Sites by submitting written notification to our copyright agent designated below.In accordance with the OnlineCopyright Infringement
Liability Limitation Act of the DigitalMillennium Copyright Act (17 U.S.C. §512) (“DMCA”), your notice (“DMCA Notice”) must include the following:
• Adequate information by which we can contact you (including your name, address, telephone number, and email address, if available);
• Identification of the allegedly infringing material that is to be removed or disabled, and information reasonably precise to permit us to locate the material (including, if possible, a link to the material);
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single claim, a representative list of such works;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please include “DMCA Notice”in the RE line.
Please direct all communications relating to DMCA Notices to [email protected].
If you fail to comply with all of the requirements of Section 512(c)(3)of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If we take measures to remove or disable content in response to a DMCA Takedown Notice, we may attempt to contact the user who uploaded the content to notify them of a claim. Your claim, along with your personally identifying information, may be shared with the user who uploaded the content at issue.It is our policy to document all notifications of alleged infringement on which we act.As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public.
Counter-Notification. If you are a user of the Sites and content that you have uploaded has been removed or disabled, you may file a counter-notification with us (a “Counter Notice”). To be effective, the Counter Notice must be a written communication sent to the email listed above that includes the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located or, if your address is outside the United States, for any judicial district in which APPREEZE may be found, and that you will accept service of process from the person (or agent of that person) who provided the DMCA Notice to the Sites.
The DMCA allows us to restore the removed User-Created Content if the party filing the originalDMCA Notice does not file a court action against you within ten business days of receiving the copy of yourCounter Notice.
Please be aware that knowingly and materially mispresenting that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages(including costs and attorneys’ fees)under Section 512(f) of the DMCA.
Repeat Infringers. APPREEZE disables and/or terminates the Accounts of users who repeatedly infringe others’ copyrights.
Links to Other Websites
OurSites may contain links to third-party websites, which are websites that are not owned or controlled by APPREEZE. These links are provided solely for your convenience. This includes links contained in advertisements, including banner advertisements and sponsored links.A link to a website not maintained or controlled by APPREEZE does not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such website, or any representation regarding the content at such linked websites. APPREEZE has no control over, and assumes no responsibility for, the content, services, products, functionality, representations, privacy policies, or practices of any third-party websites, or any damage or loss caused or alleged to be caused by or in connection with use of or reliance on third-party websites linked to our Sites.If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party website that you visit.
Express WrittenConsent to Receive Communications From APPREEZE
By accessing the Sites, you expressly consent to and authorize APPREEZE and its affiliates, agents, and its third-party representatives to use written, electronic, or verbal means to contact you for any reason, including regarding information about services and products, reminders, confirmations, and marketing of any kind, including offers, solicitations, and promotions. This express written consent includes but is not limited to contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails, and/or automatic telephone dialing systems. You agree that APPREEZE and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or telephone number you provide to APPREEZE to contact you for any reason, regardless of whether you incur charges as a result. You expressly agree that such consent may not be revoked at any time for any reason.
Site Issues
APPREEZE intends that the information contained on our Sites be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on the Sites, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified. If you detect or discover any issues or failures regarding the operation, function, availability or security of the Sites, please notify us by emailing a description of the issue to [email protected].
Termination
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason at our sole discretion. Upon termination, your right to use the Sites will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and arbitration provisions.
Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless APPREEZE and its licensee and licensors, and their employees, contractors, agents, officers and directors, affiliates, service providers, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Sites, use and access of theSites by any person using your Credentials, your alleged violation or breach of these Terms, or User-Created Content posted on the Sites.
Limitation of Liability
In no event shall APPREEZE, its directors, employees, partners, agents, suppliers, or affiliates, be liable to you or to any other person for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation, loss of profits, data, use, goodwill, business interruption, or other intangible losses, arising out of or in connection with the Sites, including, without limitation, use, inability to use, or unauthorized use of the Sites, whether based on warranty, contract, tort(including negligence) or any other legal theory, whether or not we have been informed or should have known of the possibility of such damage. In no event shall APPREEZE be liable for any losses or damages incurred as a result of a third party’s use of your Credentials, whether or not such use is with your knowledge or consent.
Disclaimer
Your use of the Sites is at your sole risk. The Sites are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory. APPREEZE EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,QUALITY, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
APPREEZE does not warrant that the Sites’ function will be uninterrupted, secure, or available or that the Sites are free of errors, defects, viruses, or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. APPREEZE does not warrant that the Sites will be compatible with all browsers, operating systems, hardware and software, or that the Sites will meet your requirements. We do not warrant the accuracy, completeness, or usefulness of information on the Sites. All statements and/or opinions, other than content provided by APPREEZE, are solely the opinions and responsibility of the person or entity providing those materials, includingAppraisers. These materials do not necessarily reflect the opinion of APPREEZE and we accept no responsibility for ensuring their accuracy.
APPREEZE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR ABILITY OF APPRAISERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES,AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM APPRAISERS IN CONNECTION THERE WITH, REMAINS SOLELY WITH YOU,TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
APPREEZE DOES NOT CONTROL, MANAGE OR DIRECT ANY APPRAISERS. APPRAISERS ARE NOT ACTUAL AGENTS,APPARENT AGENTS, OSTENSIBLE AGENTS,OR EMPLOYEES OF APPREEZE. IF A DISPUTE ARISES BETWEEN YOU AND ORANY OTHER THIRD PARTY, YOU RELEASE APPREEZE FROM LOSSES OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
APPREEZE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER-CREATED CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. APPREEZE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPREEZE’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
Exclusions and Limitations of Damages
APPREEZE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES,REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF APPREEZE, EVEN IF APPREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPREEZE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES AND/OR SITES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY APPRAISER, EVEN IF APPREEZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPREEZE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND APPREEZE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT APPRAISERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF APPREEZE.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE APPRAISAL SERVICES WITH THIRD-PARTY APPRAISERS, BUT YOU AGREE THAT APPREEZE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPRAISAL SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY APPRAISERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,IN SUCH STATES OR JURISDICTIONS, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ONUBER’S CHOICE OF LAW PROVISION SET FORTH BELOW.
To the extent that APPREEZE may not, as a matter of applicable law, disclaim any implied warranty or limits its liabilities, the scope and duration of such warranty and the extent of APPREEZE’s liability shall be the minimum permitted under such applicable law, and its aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed the value of the fees that APPREEZE received from the Services.
Dispute Resolution – Arbitration Agreement
Mandatory Binding Arbitration and Class Action Waiver
Many customer concerns can be resolved quickly and to the customer’s satisfaction by contacting APPREEZE at directly regarding the concern. Before taking any formal action, you agree to first contact us and provide us your name, address, telephone number, a description of your dispute, all relevant documents, and your proposed resolution. You may only submit such a notice on your own behalf and not on behalf of any other party. If we are unable to resolve your dispute within30 days of your notice to us, you agree to submit your dispute to binding arbitration. Please forward your dispute to: [email protected].
Arbitration Agreement: This section of the Terms shall be referred to as the “ArbitrationAgreement.” The Effective Date of the Arbitration Agreement is December 28,2023. This Arbitration Agreement may change from time to time, and each change will reflect a new effective date. The operative version of the Arbitration Agreement is the version you last agreed to, or were on notice of. Your Arbitration Agreement starts when you accept these Terms by receiving theseTerms as part of a transaction with APPREEZE, use the Sites, activate or use your APPREEZE Account, change or pay for a APPREEZE product or service, or otherwise express your agreement.
Definitions: As solely used in this Arbitration Agreement, the terms “we,” “us” and “our”mean “us” as defined above in the Terms, wholly or majority owned subsidiaries, affiliates, commonly- owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms, if such third party is named as a party by you in any lawsuit between you and us.
Effect of Acceptance: Once accepted this Arbitration Agreement applies to all disputes involving you and APPREEZE, regardless of when the circumstances giving rise to the dispute occurred, including after termination of your use of any APPREEZE service or product. READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND APPREEZE HAVE AGAINST EACH OTHER ARE
RESOLVED. It requires the use of individual arbitration rather than jury trials or class actions to resolve disputes and claims (including ones that already are the subject of litigation).Arbitration is more informal than litigation because it uses a neutral arbitrator instead of a judge or jury and allows for less discovery and less appellate review than in court. This Arbitration Agreement shall survive termination of the APPREEZE Terms or termination of your use of any APPREEZE service, product, and/or Sites. There is no judge nor jury in arbitration but you and APPREEZE agree that an arbitrator may award you the same damages and relief that you otherwise could recover in a court of law, subject to the limitation of liability herein.You and APPREEZE further agree that the arbitrator must honor the terms of this Agreement and the Terms contained herein.
What Claims Are Covered: This Arbitration Agreement governs, to the fullest extent permitted by law, all claims or disputes between You and APPREEZE, subject to the limited exceptions described in this section below.References to you or APPREEZE include our respective suppliers, vendors, service providers, or their respective subsidiaries, officers, agents, partners, employees or consultants, predecessors in interest, successors, and assigns. To the fullest extent permitted by law, this Arbitration Agreement includes but is not limited to any and all claims for relief and theories of liability, between you and APPREEZE, whether based on contract, tort, fraud, negligence, regulation or ordinance; claims for relief under any state or federal statutes, including but not limited to: the federal and any state analogs of the Telephone Consumer Protection Act, the Fair CreditReporting Act, Fair and AccurateCredit Transactions Act, Truth in Lending Act, RealEstate Settlement Procedures Act, and other statutes; claims based on alleged violations of federal regulation or state equivalents, including regulations from the Department of Housing and Urban Development, ConsumerFinancial Protection Bureau, and Federal DepositInsurance Corporation; and claims for common law, fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with APPREEZE, any interactions between you and APPREEZE, and/or claims arising from or related to your contract with APPREEZE. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim(and only that claim) must be severed from the arbitration and may be brought in court.
Severance: If any term of this Arbitration Agreement is to any extent unconscionable, invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such unconscionability, invalidity, illegality, or unenforceability; all other terms shall remain in full force and effect.
Types of Relief: All claims between You and APPREEZE, including claims for money damages or for any kind of injunctive, declaratory or non-monetary relief, will be resolved by binding arbitration where permitted by law. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular claim for relief, then that claim(and only that claim) must be severed from the arbitration and may be brought in court.
Delegation Provision: You and APPREEZE agree that the arbitrator shall have the power to rule on his or her own jurisdiction, the existence, scope, validity, and arbitrability of this Agreement.
Single Arbitrator: Claims shall be heard by a single arbitrator.
Class Action Waiver: You and APPREEZE agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class ActionWaiver does not prevent you or APPREEZE from participating in a classwide, collective, and/or representative settlement of claims.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against APPREEZE in a single proceeding, except that this Class Action Waiver shall not prevent you or APPREEZE from participating in a class wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or APPREEZE.
AAA RULES: The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA ExpeditedProcedures will govern any dispute. It shall be the expectation of APPREEZE and you that any Final Award in the arbitration shall be entered no more than 120 days after the latter of the filing of the demand for arbitration and the service demand for arbitration on the respondent. While the arbitrator may extend such deadline in exceptional circumstances, the AAA shall not appoint an arbitrator who, at the time of appointment, does not expect tobe able to enter a Final Award within this timeframe.
Location of Arbitration: The location of arbitration shall be Miami, Florida, unless you and APPREEZE agree otherwise in a writing signed by both parties.
Cost of Arbitration: AAA charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the AAA and arbitrator to you for claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such claim(s)in state or federal court (whichever is less) in Florida. In addition, the AAA may have a procedure whereby you can seek a waiver of fees charged to you by theAAA and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the AAA’s rules or that we are required to pay for this Arbitration Agreement to be enforced.
Governing Law: You and APPREEZE agree that use of the Sites evidences a transaction in interstate commerce. The arbitrator shall apply the law of the State ofFlorida to the substantive issues that are at issue in the dispute. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the Federal Arbitration Act to interpret and enforce this Arbitration Agreement and each of its provisions, including with regard to any issues over acceptance of the terms of the ArbitrationAgreement. Judgment on the award rendered may be entered by any court of competent jurisdiction.
Disclosure with Consent of Both Parties: Except as may be required by law, such as through a petition to confirm or a petition to vacate an arbitration award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Time to File Claims: To the greatest extent permitted by law, any cause of action or claim you may have must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claims are permanently barred.
Provision for Settlement Offer in Arbitration: At any time that is 30 days after the filing of the demand for arbitration, the respondent may make a monetary settlement proposal to the party who filed the arbitration (the “SettlementProposal”). The party who filed the arbitration shall have 30 days to accept the Settlement Proposal, however, the Settlement Proposal can be withdrawn prior to acceptance. In the event that the monetary amount of the Final Award of the arbitrator is less than 50% of the monetary amount in a SettlementProposal that was available to be accepted by the party who filed the arbitration, then the arbitrator shall award the respondent its attorneys’ fees incurred after the SettlementProposal was made as a Supplemental Final Award.However, the amount of attorneys’ fees to be awarded as part of such Supplemental Final Award shall be limited to the greater of: (i) the amount equal to 40 hours of attorney time at a rate of $125/per hour; and
(ii) reasonable attorneys’ fees determined in the best judgment of the arbitrator given the amount of attorney time required and complexity of the dispute.The award may cover time incurred either by outside counsel and/or in-house counsel. Application for such award shall be made to the arbitrator no more than 7 days after entry of the Final Award and shall be supported by a verified application made by an attorney for the party seeking such award. The arbitrator shall only be made aware of aSettlement Proposal made under this section in the event that application for aSupplemental Final Award under this section is made. This Provision ForSettlement Offer in Arbitration shall not be deemed to be a material part ofthe Arbitration Agreement and shall be severed from theArbitration Agreement to the extent it is determined to be unconscionable, invalid, illegal, or otherwise unenforceable, in which case all other terms shall remain in full force and effect.
Opt Out: You have the right to opt out of this Arbitration Agreement within14 days of first accepting it. This means that unless we make any changes to the Arbitration Agreement, you will have ONLY ONE OPPORTUNITY TO OPT OUT OF ARBITRATION of any claim between you and APPREEZE. You may exercise this right to opt out of this ArbitrationAgreement by writing to us via email at [email protected], Attn. Terms of Use Arbitration Rejection. Your opt out notice must include your name, address and telephone number; the date you agreed to the terms that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Arbitration Agreement; your rejection notice will not affect any term of any other contract between you and us (including without limitation any prior or subsequent agreement, these Terms, and the Privacy Notice), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent arbitration agreement, including each Arbitration Agreement that arises pursuant to the Terms on APPREEZE’s Sites which are not the subject of a valid rejection notice. Any opt out received after the opt out deadline (or, in the case of those mailed, postmarked after the opt out deadline) will be invalid.
Exceptions to Arbitration: Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Unless otherwise agreed to by APPREEZE in writing, such claims must be brought and litigated in the state and/or federal courts of Florida, on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass and/or representative action against APPREEZE. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against APPREEZE and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, APPREEZE agrees to honor your election.
The parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the Class ActionWaiver provided for above, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.
Application to ThirdParties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Florida your residence, without regard to its conflict of law provision, except for theArbitration Agreement, which will be governed by the Federal Arbitration Act and Florida State law, as provided above. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. TheseTerms of Use and our Privacy Notice constitute the entire agreement between us regarding our Sites, and supersede and replace any prior agreements, both written and oral, we might have between us regarding the Sites.
Changes to Sites
APPREEZE reserves the right to modify, suspend, or discontinue the Sites at any time and without prior notice to you. Be aware that APPREEZE may make changes to the Sites and the Sites’ functionality and content at any time without notice. APPREEZE makes no commitment whatsoever to keep the Sites functioning or updated.
Changes to Terms of Use
We may update the Terms at any time and without prior notice to you. All changes are effective immediately upon posting, but apply only prospectively. The effective date of the Terms is available at the top of this page. By continuing to access or use our Sites after any revisions to the Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Sites. You should check this page frequently so you are aware of any changes.