Audit Solutions for Lender & AMC Appraiser Panels

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VALIDOX, LLC Terms and Conditions ("Terms")

 
 
Terms and Conditions ( Version 1 )

Last updated: August 19 2014

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.validox.com website (the "Service") operated by Validox, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases and Scope of Services

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You will not receive a refund of any monies paid.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Validox, LLC is not an appraisal management company. It does not guarantee any increase in appraisal assignment opportunities or related work. We will perform a review of your submitted appraisal to determine compliance with USPAP. An acceptable USPAP appraisal review is required for Validox certification and inclusion on the approved appraiser panel. If you do not submit acceptable a USPAP compliant appraisal for review, you will be required to pay for additional USPAP appraisal reviews until an acceptable review is obtained.

Availability, errors and inaccuracies

We are constantly updating our offerings of products and services on the Service. However, delays, whether anticipated or unanticipated, may occur as we update and revise information applicable to your account, and relating to our products and services. We will not be liable or responsible for the consequences that may occur as a result of any delays.

When you create an account with us or provide us with any information, it must be accurate, complete, and current at all times. It is your responsibility to update the information you provide to us within 24 hours after the existing information you have provided becomes inaccurate or incomplete. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Password Use

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Validox, LLC and its licensors. The Service (which includes revisions, upgrades, derivative works, and all appurtenant, ancillary and related rights) is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Validox, LLC.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Validox, LLC.

Validox, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Validox, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and/or access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You will not be entitled to a refund of any kind.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Validox, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, 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 a) your use and access of the Service, by you or any person using your account and password, b) a breach of these Terms, or c) the use by a third party of information you have authorized us to make available to the third party.

Limitation Of Liability

In no event shall Validox, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Validox, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Fair Dealing

You agree that you are providing information that is completely accurate and verifiable. If information provided does not meet the complete accuracy requirement, you may be removed from the Validox approved panel and forfeit all monies paid without notice.

Governing Law and Venue

Any controversy, claim or dispute arising out of or relating to this Agreement, or the breach thereof, shall be governed by and construed and enforced in accordance with the laws of Utah without regard to conflict of law provisions or principles. You consent and waive any objection to the exclusive jurisdiction of and venue in the federal and/or state courts located in Utah County, State of Utah, and further waive any objection based on inconvenient forum or lack of jurisdiction.

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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Entire Agreement and Changes

This agreement and any order/invoice constitute the entire agreement between us regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.