Terms of Use

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Terms of Use

1. INTRODUCTION AND ACCEPTANCE

Welcome to FindMyAppraiser.com (“Website”), an interactive online service operated by Voice of Appraisal Productions LLC. (“VOA Productions, Voice of Appraisal Productions”, “Find My Appraiser”, “us,” “we,” or “our”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

2. INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, music, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. WEBSITE ACCESS AND USE

(A) Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

(B) Furthermore, except as expressly permitted in these Terms of Use, you may not:

  1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
  2. circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
  3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
  4. collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
  5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  6. attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
  7. decompile, reverse engineer, or disassemble any portion of any the Website;
  8. use network-monitoring software to determine architecture of or extract usage data from the Website;
  9. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section 4(B)) without permission, etc.);
  10. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  11. engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

(C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

4. USER REGISTRATION

(A) In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian.

(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership.

5. USER CONTENT

(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

(C) You represent, warrant, and covenant that you will not submit any User Content that:

  1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
  3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  4. is an advertisement for goods or services or a solicitation of funds;
  5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  6. contains a formula, instruction, or advice that could cause harm or injury; or
  7. is a chain letter of any kind.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

(E) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

(F) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

6. WEBSITE CONTENT & THIRD PARTY LINKS

(A) We provide the Website including, without limitation, Website Content for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

(B) In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

(C) Any health related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health related statements found on this Website or in any in third party sites referenced in the Website. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

(D) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release FindMyAppraiser.com and Voice of Appraisal Productions LLC its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

(E) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

7. INDEMNIFICATION

You agree to indemnify and hold harmless FindMyAppraiser.com and Voice of Appraisal Productions and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FINDMYAPPRAISER.COM AND VOICE OF APPRAISAL PRODUCTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

9. LIMITATION ON LIABILITY

(A) UNDER NO CIRCUMSTANCES SHALL FINDMYAPPRAISER.COM AND VOICE OF APPRAISAL PRODUCTIONS LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FINDMYAPPRAISER.COM/VOICE OF APPRAISAL PRODUCTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF FINDMYAPPRAISER.COM/VOICE OF APPRAISAL PRODUCTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY FINDMYAPPRAISER.COM/VOICE OF APPRAISAL PRODUCTIONS LLC DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

10. TERMINATION

(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership/Subscription and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that FindMyAppraiser.com and Voice of Appraisal Productions LLC shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 17.

11. COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

DMCA Agent

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. 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; and
  6. 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.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

12. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules. Any legal proceedings against FindMyAppraiser.com and Voice of Appraisal Productions LLC. that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Cincinnati, Ohio and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at info@voiceofappraisal.com. We will contact you based on the contact information you have provided us or that we obtain by other means.

(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 14 below, we each agree that any arbitration will be solely between you and FindMyAppraiser.com and Voice of Appraisal Productions LLC, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction in Section 13 is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

14. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. AMENDMENT; ADDITIONAL TERMS

(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.

17. MISCELLANEOUS

(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

(B) Except where specifically stated otherwise (e.g., Section 13(E)), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

(C) These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

Further questions about these terms can be sent to info@voiceofappraisal.com

Antitrust Policy and Statement

It is the express policy of FindMyAppraiser.com / Voice of Appraisal Productions LLC. to require that all of its activities be conducted strictly in accordance with U.S. federal and state antitrust laws and foreign antitrust laws. It is extremely important that all members of FindMyAppraiser.com and VOA Productions LLC. be aware of the types of activities prohibited by antitrust laws.

This Antitrust Compliance Memorandum was prepared to familiarize you with areas of U.S. law that you should know about in order to maintain compliance with U.S. antitrust laws. However, you should note that this Memorandum is a general guide only; it is not intended to be a complete and definitive statement of all aspects of the antitrust law, nor does it advise you with respect to the antitrust laws of other countries. Non-US antitrust laws will, in many cases, be similar to US laws. However, antitrust laws will differ from jurisdiction to jurisdiction, and you should be aware that some foreign jurisdictions have laws that differ greatly from US laws.

Any specific questions relating to antitrust compliance not addressed in this statement should be referred to your own legal counsel who has responsibility for considering the antitrust implications of the business activities in question. The purpose of such consultation is to give counsel the opportunity to assess the permissibly of a practice in advance and to allow members to gain the advantage of counsel’s advice.

I. The Antitrust Laws

Broadly stated, the basic objective of the US antitrust laws is to preserve and promote competition and the free enterprise system. These laws are premised on the assumption that private enterprise and free competition are the most efficient ways to allocate resources, to produce goods at the lowest possible price and to assure the production of high quality products. These laws require that business people make independent business decisions without consultation or agreement with competitors. The success of FindMyAppraiser.com / Voice of Appraisal Productions LLC. requires that free and open competition be adhered to as the policy of FindMyAppraiser.com and that all FindMyAppraiser.com members follow this policy.

FindMyAppraiser.com / Voice of Appraisal Productions LLC. insistence upon full compliance with the antitrust laws is based not solely on the desire to stay within the bounds of the law, but also on FindMyAppraiser.com / Voice of Appraisal Productions LLC. conviction that the preservation of a free, competitive economy is essential to the welfare of the industry and FindMyAppraiser.com / Voice of Appraisal Productions LLC.

(a) Antitrust Laws Applicable to Activities of Associations

The US antitrust statutes of principal concern to companies and individuals that take part in trade association activities are Section 1 of the Sherman Act and Section 5 of the Federal Trade Commission (“FTC”) Act. These laws make illegal all contracts, combinations, and conspiracies which are deemed to be in restraint of trade.

Broadly speaking, the courts have interpreted these laws as prohibiting those contracts and combinations that have the effect of unreasonably restraining trade. A court will, therefore, examine all the facts and circumstances surrounding the conduct in question in order to ascertain whether the contract or combination is in violation of the law by restraining trade unreasonably.

Many activities are, however, regarded as unreasonable by their very nature and are, therefore, considered illegal “per se.” Companies and individuals are conclusively presumed to engage in these activities for no other purpose than to restrain trade. Practices within the per se category include agreements to fix prices, agreements to boycott competitors, suppliers or customers, agreements to allocate markets or limit production, and certain tie-in sales. A tie-in sale is one in which the customer is required to purchase an unwanted item in order to purchase the product or service desired.

The legality of activities of OGC and its members under the antitrust laws is determined by the application of standards no different from those used to determine the legality of the activities of other groups of persons or firms. Special problems do arise, however, from the fact that an association such as OGC is, almost by definition, a combination of competitors, and the act of bringing these competitors together creates the means by which collusive action can be taken in violation of the antitrust laws.

(b) Penalties for Violations

The US antitrust laws are enforced at the Federal level by the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission.

A criminal conviction for an antitrust law violation may result in stiff fines, jail sentences for individuals (including an individual acting in his or her capacity as a corporate employee or officer) who participated in the violation. In the past, several foreign nationals have been sentenced to serve jail time in the U.S., and corporations convicted of such a criminal offense have been fined hundreds of millions of dollars.

In addition, private persons or firms may sue for damages under the Federal laws and a company found liable may be required to pay up to three times the actual damages suffered by the plaintiff, as well as all of the plaintiff’s costs of litigation and attorneys’ fees.

Finally, State court actions may be brought by U.S. State attorneys-general or injured parties.

II. Detailed Discussion

From a practical standpoint, FindMyAppraiser.com / Voice of Appraisal Productions LLC. members/subscribers should focus their greatest concern on the following principal antitrust problem areas:

(a) Price-Fixing

Experience shows that trade association members are most likely to violate, and the government is most likely to strictly enforce, the price-fixing prohibitions of the Sherman Act. Price fixing, as noted above, is illegal per se.

Trade association meetings (including committee meetings) are convenient places for price-fixing discussions. Whenever competitors get together, it is natural for them to discuss common problems, and the discussion often turns to price. This is even truer at informal meetings before or after a trade association meeting, when members get together socially.

To avoid the risk of liability, FindMyAppraiser.com / Voice of Appraisal Productions LLC. subscribers should never discuss prices, pricing systems, or discounts, nor should FindMyAppraiser.com / Voice of Appraisal Productions LLC. ever be involved in subscribers pricing practices.

Although a prohibition on even the discussion of pricing may appear severe (the antitrust laws prohibit only agreements on prices, not merely the discussion of them), it is a prudent policy, since it is in the best interest of the subscribers to avoid even the appearance of impropriety. A formal agreement is not necessary for a finding of antitrust liability. Antitrust cases often are proven by circumstantial rather than direct evidence. Although there may be perfectly innocent explanations for business conduct, antitrust enforcement agencies, judges or juries may interpret contacts with competitors followed by similarity in conduct as circumstantial evidence of an “agreement.” It is, therefore, of the utmost importance to avoid any contacts with competitors that might support an inference of agreement. That means a subscribers relations with competitors should always be conducted as if they were at all times in the public view.

Members should also be aware that the antitrust prohibition on price-fixing is extremely broad. The Sherman Act itself defines price-fixing as any “combination formed for the purpose and with the effect of raising, depressing, fixing, pegging or stabilizing prices.”

Competitors violate this law if they:

agree on the range of fees within which purchases or sales may be made;
agree that prices charged or paid are to fall within any sort of formula;
agree to fix or stop giving discounts; or
agree to artificially increase or limit supply.

Because price-fixing is illegal per se, it is not a defense that the prices set are reasonable. Nor is it necessarily a defense that competitors fixed maximum prices, rather than minimum prices.

Although the discussion thus far has focused on so-called “horizontal” price fixing — that is, agreements among competitors selling the same or similar products — it is also illegal to engage in “vertical” price fixing: an agreement to fix the price at which a purchaser will resell a product. Where a product is sold for resale, the seller is permitted to suggest resale prices to customers, but any agreement, whether formal or informal, express or implied, must be avoided.

(b) Agreements To Allocate Markets

An agreement among members of a trade association to allocate markets or customers is, in and of itself, an antitrust violation. The antitrust laws expressly prohibit any understanding or agreement between competitors or members of an association involving division or allocation of geographic markets or customers, or an agreement to divide sales by product type. Even an informal agreement whereby one member agrees to stay out of another’s territory will constitute a violation of the antitrust laws.

(c) Exclusive Selling

An exclusive selling agreement involves the appointment of a sole distributor for the supplier’s product for a defined territory over a defined period of time, usually with the understanding that the supplier will not make separate deliveries or sales of his own into the distributor’s territory. The appointment of an exclusive distributor is generally considered to be legal.

(d) Exclusive Dealing

Exclusive dealing is an agreement where the purchaser agrees to buy exclusively from one supplier for a certain period of time.

A seller’s exclusive dealing contract is unlawful where it covers a substantial dollar volume or forecloses a substantial market share to competitors. However, where there is a significant amount of interbrand competition, it is less likely that an exclusive dealing agreement will be deemed illegal.

(e) Tying Arrangements

Tying is the practice whereby the seller refuses to sell the desired product or service (the tying item) to a customer unless the customer also agrees to buy a second product or service from the seller.

Tying arrangements are illegal if the supplier occupies a dominant position in the market for the tying item or if the uniqueness of the tying item bars other sellers from producing an equivalent product.

(f) Concerted Refusals to Deal

Subscribers should avoid participating in “concerted refusals to deal,” more commonly known as boycotts. Subscribers should be careful not to make agreements that in effect result in the exclusion of a competitor from a market or a competitive activity. For example, an agreement among two or more subscribers of FindMyAppraiser.com / Voice of Appraisal Productions LLC. to no longer buy from (or sell or to, or service) a particular supplier or distributor might constitute such a boycott. To avoid this risk, members should avoid any discussion or conduct that involves the refusal to deal with a particular supplier or customer.

This will be the policy of FindMyAppraiser.com / Voice of Appraisal Productions LLC.

Privacy Policy

Effective 10/23/18

Welcome to FindMyAppraiser.com / Voice of Appraisal Productions LLC. (the “Website”), an online service, operated by Voice of Appraisal Productions LLC (VOA Productions, Voice of Appraisal Productions”, “Get My True Value”, “us”, “we”, or “our”). FindMyAppraiser.com / Voice of Appraisal Productions LLC. is concerned about privacy issues and has adopted this Privacy Policy (“Privacy Policy”) so you can understand how we deal with information we collect from and about you. This Privacy Policy explains what information may be collected on and through our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies to information we collect through the Website or through other websites or offline sources for use in connection with the Website (e.g., by providing information to a customer sales representative).

BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE. We reserve the right to change this Privacy Policy without prior notice. You can determine when this Privacy Policy was last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Website. Use of the Website following such changes constitutes your acceptance of the revised Policy then in effect.

If at any point we decide to use your Personally Identifiable Information (defined and explained below) in a manner materially different from what was stated at the time it was collected, we will notify you of this change by either posting on the Website or through an e-mail to the last e-mail address provided to us. You will have a choice (by means of an “opt out” opportunity) as to whether or not we use the information in this different manner. We will use information in accordance with the Privacy Policy under which your information was collected if you opt out of the new policy.

See Section D(5) of this Privacy Policy for information on how we comply with California Privacy Rights.
A. INFORMATION WE COLLECT

Our Website typically collects two kinds of information about you: (a) information that you provide directly to us or our affiliates that personally identifies you; and (b) information that does not personally identify you, which we automatically collect when you visit our Website or that you provide us.

(1) Personally Identifiable Information: Our definition of “Personally Identifiable Information” includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, password, and entity affiliation. As a general policy, we do not automatically collect your Personally Identifiable Information when you visit our Website, but registration for the certain services will require that you provide us with Personally Identifiable Information. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your Personally Identifiable Information in connection with a feature, program, or some other aspect of our Website. For instance, you may provide your name, address, e-mail address, credit card number (with expiration date) and phone number when registering with our Website. Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or register for our services.

(2) Non-Personally Identifiable Information: Our definition of “Non-Personally Identifiable Information” is any information that does not personally identify you. Non-Personally Identifiable Information can include certain Personally Identifiable Information that has been de-identified; that is, information that has been rendered anonymous. We obtain Non-Personally Identifiable Information about you from information that you provide us, either separately or together with your Personally Identifiable Information. We also automatically collect certain Non-Personally Identifiable Information from you when you access our Website. Like most website servers, we collect information from your browser on our server logs, which can include, but is not limited to, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your internet service provider (e.g., America Online, NetZero, etc.), the search terms you use on our Website, the specific web pages you visit, your browser language preferences, the content you choose to download or print, and the duration of your visits.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED

(1) Personally Identifiable Information: The Personally Identifiable Information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with your registration for and use of the Website. We may use and share your Personally Identifiable Information for the purposes of maintaining the Website and the services provided on the Website. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you with promotional information for our products or those of our parent company, subsidiaries or other affiliated entities, or to communicate with you about content or other information you have shared with us via our Website. You may opt-out from receiving future promotional information from us as set forth below.

In certain instances we may also share your Personally Identifiable Information with our third-party vendors performing functions on our behalf—for example, vendors that process credit card orders, analyze and manage our data, assist us with customer service, etc. Our vendors agree to use this information only to carry out our requests. Except as provided in this Privacy Policy or as may be described when you submit the information, your Personally Identifiable Information will not be shared or sold to any third parties without your prior approval.

(2) Non-Personally Identifiable Information: We use Non-Personally Identifiable Information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your Non-Personally Identifiable Information by itself or aggregate it with information we have obtained from others. We may share your Non-Personally Identifiable Information with third parties to achieve these objectives and others. Note that aggregate information is anonymous information that does not personally identify you.
C. COOKIES AND WEB BEACONS

We automatically receive and store certain types of Non-Personally Identifiable Information whenever you interact with us. For example, like many other websites, we use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Website. “Cookies” are small files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as a frequent user of our Website. “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.

Examples of the information that we may collect and analyze in this manner include the internet protocol (IP) address used to connect your computer to the internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Website, including the URL you come from and go to next (whether this URL is on our Website or not); and cookie number. The cookies and web beacons that we use do not contain and are not tied to Personally Identifiable Information.

If you are concerned about the storage and use of cookies, you may be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your website browser or hard drive. You may also delete a cookie manually from your hard drive through your internet browser or other programs. Some parts of our Website, however, will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies. To learn more about cookies, please visit this informational website.
D. OTHER USES & INFORMATION

(1) IP Addresses: An IP address is a number that is automatically assigned to your computer whenever you are surfing the internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When visitors request pages from our Website, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report Non-personal aggregate information to others, and to track the use of our Website. IP addresses are considered Non-Personally Identifiable Information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable.

(2) E-mail Communications: If you send us an email with questions or comments, we may use the information we collect about you to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, it relates to product updates, or customer support, we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.

(3) Transfer of Assets: As we continue to operate and develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the Personally Identifiable Information and Non-Personally Identifiable Information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

(4) Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any Personally Identifiable or Non-Personally Identifiable Information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.

(5) Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain Personally Identifiable Information as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at info@voiceofappraisal.com.

(6) Retention Period. We will retain the information we collect about you for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required by law.
E. CHILDREN

The features, programs, and other aspects of our Website requiring the submission of Personally Identifiable Information are not intended for children. We do not knowingly collect Personally Identifiable Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personally Identifiable Information to us please contact us at info@voiceofappraisal.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s Personally Identifiable Information as well as prohibit the use thereof.
F. KEEPING YOUR INFORMATION SECURE

We have implemented reasonable organizational, technical, and physical security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect the information we collect about you, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of the information we have collected about you. In the unfortunate event that your Personally Identifiable Information (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we will make all notifications required by law. Unless applicable law requires otherwise, we will notify you by e-mail to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section H (“Contact and Opt Out Information”) below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
G. OTHER SITES/LINKS

Our Website may link to or contain links to other third party websites that we do not control or maintain, such as governmentally maintained legal resource websites. We are not responsible for the privacy practices employed by any third-party website. We encourage you to note when you leave our Website and to read the privacy statements of all third-party websites so you can understand how the websites collect, use, and share your information.
H. CONTACT & OPT-OUT INFORMATION

You may contact us as at Privacy@rubyhaus.com if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any Personally Identifiable Information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us; or (d) wish to withdraw your consent to sharing your Personally Identifiable Information with others.

We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.
I. JURISDICTIONAL ISSUES.

The Website is controlled and operated by FindMyAppraiser.com / Voice of Appraisal Productions LLC. from the United States, and is not intended to subject FindMyAppraiser.com / Voice of Appraisal Productions LLC. or any affiliated entity to the laws or jurisdiction of any state, country or territory other than that of the United States. FindMyAppraiser.com / Voice of Appraisal Productions LLC. does not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. FindMyAppraiser.com / Voice of Appraisal Productions LLC. may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction, and/or at any time and in FindMyAppraiser.com / Voice of Appraisal Productions LLC. sole discretion.

J. SOLE STATEMENT

This Privacy Policy as posted on this Website is the sole statement of our privacy policy with respect to this Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website.

Further questions about this policy can be sent to info@voiceofappraisal.com

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