1. Acceptance and Application of Terms and Conditions
2. No Third-Party Beneficiaries of the Valuation Services Agreement.
Unless identified expressly in agreement, there are no third-party beneficiaries of any Valuation Services Agreement pertaining to the valuation, and no other person or entity shall have any right, benefit, or interest under such agreement. The identification of a party as an intended user of the valuation report does not mean that the party is a third-party beneficiary of the Valuation Services Agreement.
3. Valuators Not Responsible for Certain Conditions
Notwithstanding that the persons performing Valuation Services may comment on, analyze, or assume certain conditions in the report, persons performing Valuation Services shall have no monetary liability or responsibility for alleged claims or damages pertaining to: (a) title defects, liens or encumbrances affecting the property, (b) the property’s compliance with local, state or federal zoning, planning, building, disability access and environmental laws, regulations and standards, (c) building permits and planning approvals for improvements on the property, (d) structural or mechanical soundness or safety, (e) contamination, mold, pollution, storage tanks, animal infestations, and other hazardous conditions affecting the property, and (f) other conditions and matters for which persons performing Valuation Services are not customarily deemed to have professional expertise.
4. No Assignment of Claims
Legal claims or causes of action relating to the Evaluation or Valuation Services Agreement are not assignable, except: (i) as the result of a merger, consolidation, sale, or purchase of a legal entity, (ii) with regard to the collection of a bona fide existing debt for services but then only to the extent of the total compensation for the valuation plus reasonable interest, or (iii) in the case of valuation services performed in connection with the origination of a mortgage loan, as part of the transfer or sale of the mortgage before an event of default on the mortgage note or its legal equivalent.
5. Proprietary Rights
You acknowledge that we own, solely and exclusively, all rights, title and interest in and to the Sites and the material available through the Sites and the Services including, for reports, text, audio, photographs, illustrations, graphics, other visuals, video, software, code, data and materials thereon, the look and feel, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites and the Services (collectively, “Content”). Your use of the Sites does not grant to you ownership of any Content and you may not copy or use our Content, including without limitation any pictures or descriptions.