Terms of Use Agreement

This web site and its contents are the property of the American Society of Appraisers (ASA). This web page states the Terms of Use for the use of the www.appraisers.org web site (the web site). Please also review our Privacy Statement. By using the web site, you agree to be bound by these Terms of Use. ASA may revise these Terms of Use at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing the web site. If you are using the web site on behalf of a company or other legal entity, such entity may have a separate agreement with ASA, but you are nevertheless individually bound by these Terms of Use.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Ownership of Copyrights, Trademarks and Other Intellectual Property

The entire contents of the web site, including the text, graphics, images, logos, button icons, HTML code and other “material” are copyrighted by ASA under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the web site. ASA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to ASA. Permission to the web site content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to asainfo@appraisers.org.

Below are selected permitted and prohibited uses of ASA material that is posted on the web site.

Permitted Uses of Materials

  1. Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the web site, provided that ASA’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.

  2. Others may view, print material and temporarily store materials from the web site for internal use only provided that copying fees are paid to the Copyright Clearance Center for printing of files beyond that permitted by Section 107 or 108 of the U.S. Copyright Act, and that ASA’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.

  3. A link or links may be made to any document or location at the web site, provided that the link does not bypass any license agreement or lead to any secure areas on this site for which a fee has been assessed.

Prohibited Uses of Materials

  1. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter or create derivative works of the materials contained in the web site without prior written permission from ASA.

  2. User agrees that materials may not be sold to third parties without prior written authorization from ASA.

  3. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

Name and Logo

User agrees not to use the name of ASA or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of ASA.

Prohibited Uses of Web Site

User agrees not to post any false or inaccurate biographical information, delete or change any information posted by another person, or share User’s password with any third-party.

User agrees not to do anything that interferes with the proper working ability of the web site. This includes activity that can overload the web site’s infrastructure, use of software or other device other than that which is available from ASA, tampering with the software that makes up the web site, and destroying or changing information posted by any other person.

User agrees to comply with all applicable laws, as well as with these Terms of Use. User agrees not to engage in any unlawful or commercial activity on the web site.

User agrees not to post material that is copyrighted without first obtaining proper written consent from the copyright owner.

User Submissions

By posting information on the web site, User must grant, and User actually grants by agreeing to these Terms of Use, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to ASA to use and commercialize, in any way now known or in the future discovered, anything that you submit to ASA, without further consent, notice and/or compensation to User or any third parties. In addition, by posting information on the web site, User grants any other user the right to access, display, view, store and reproduce this material solely for their personal use.

By submitting any information to ASA, you represent and warrant that the submission is accurate to your best knowledge, not confidential and not in violation of any contractual restrictions or other third-party rights. ASA does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorses any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at your own risk. ASA is under no obligation to exercise control over any content you or others submit when using the web site.

Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User’s registration and compliance with all Terms of Use. User agrees to immediately notify ASA of any unauthorized use of your password or account or any other breach of security.

Termination of Account

ASA reserves the right, at its sole discretion, to pursue all of its legal remedies including, but not limited to, deletion of User’s postings from the web site and immediate termination of User’s registration with the web site or ability to access the web site and/or any other service provided to User by ASA, upon any breach by User of these Terms of Use or if ASA is unable to verify or authenticate any information User submits to the web site for registration. ASA shall not be liable to User nor any third party for any termination of User’s account or access to the web site.

Waiver of Liability

ASA does not screen or censor User-generated content made available on the web site. ASA is NOT LIABLE for any content posted on the web site. User assumes all risks associated with dealing with other users with whom User comes in contact through the web site. Should a dispute arise between User and another user, User hereby agrees to release ASA from all claims, demands, and damages associated with such a dispute.

IN NO EVENT SHALL ASA OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

THE CONTENT THAT IS POSTED ON THE WEB SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ASA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ASA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.

ASA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ASA IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Other Sites

The web site may contain links to third-party web sites. These links are provided solely as a convenience to User and not as an endorsement by ASA of the third party or the contents of such third-party web sites. Because we do not have any control over such third-party web sites, ASA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. Linking to third-party web sites is performed at User’s own risk.

Indemnity

User agrees to defend, indemnify and hold harmless ASA, its officers, directors, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the web site or your breach of the Terms of Use, including without limitation, your submission of content that violates third-party rights or applicable law. ASA shall provide notice to User promptly of any such claim, suit or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding.

Foreign Access

If User accesses this web site from outside the United States, User does so at User’s own risk. User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Governing Law

These Terms of Use are governed by laws of the Commonwealth of Virginia. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within the Commonwealth of Virginia. If any provisions of these Terms of Use are 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 of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Security

Users are prohibited from violating or attempting to violate the security of the web site. This site has security measures in place to protect the loss, misuse and alteration of the information under our control.

Please see our Privacy Statement for further details concerning the Web site’s privacy practices.