Conditions of Use
IMPORTANT NOTICE TO USER: PLEASE READ CAREFULLY
COPYRIGHT NOTICE: © COPYRIGHT 2004-08 BRADFORD TECHNOLOGIES, INC. ALL INFORMATION CONTAINED ON THIS "WEBSITE" AND IN MEMBER WEBSITES, WHETHER ENTERED BY THE "COMPANY" OR A "MEMBER" IS COPYRIGHTED. ALL RIGHTS ARE RESERVED. USE OF THE INFORMATION FOR PURPOSES OTHER THAN THOSE OCCURING DURING THE NORMAL COURSE OF THE APPRAISAL BUSINESS BY "MEMBERS" IS STRICTLY PROHIBITED.
SOLICATION NOTICE: UNAUTHORIZED SOLICITING OF ANY "MEMBER" LISTED ON THIS "WEBSITE" IS STRICTLY PROHIBITED.
1. Returns and Refunds
- All software sales are final once the software has been registered and unlocked or the 30-day evaluation period has expired.
- All service and support contract sales are final. There are no refunds on service and support fees.
- Software developed by Bradford Technologies that has not been unlocked maybe returned within the 30-day evaluation period for a full refund.
- Third party Software and Hardware that is unregistered maybe returned within the 30-day evaluation period. All sales are final thereafter.
- All returns on third party products are subject to a 20% re-stocking fee and must be received by Bradford Technologies with the original packing materials and carton in like-new re-sellable condition.
- RMA required: Notwithstanding any provisions to the contrary, all returns must be accompanied by a copy of the original purchase invoice and a Return Merchandise Authorization (RMA) from Bradford Technologies.
- Other returned items not mentioned above are subject to an in-house credit only. It is within Bradford Technologies' sole discretion to issue cash refunds. No returns fore credit after 30 days - only repairs or exchanges.
- Notwithstanding any provisions to the contrary, the standard product evaluation period is 30 days from the date of purchase.
All products shall be delivered F.O.B and RISK OF LOSS shall pass to Buyer upon delivery to common carrier.
Unless otherwise agreed in writing by Bradford Technologies, all credit purchases must be paid in accordance with Bradford Technologies normal terms of sale, which are Net 10 from date of invoice. All past due amounts are subject to a 1.5% monthly financing charge or the maximum permissible under applicable laws, commencing upon the date payment is due until the date of receipt by Bradford Technologies' bank of the amounts due to Bradford Technologies. A $25.00 service charge will apply to any dishonored draft. In the event Buyer stops payment on any draft issued to Bradford Technologies, for any reason, Buyer hereby recognizes that Bradford Technologies would suffer damage, the exact amount which cannot be determined with certainty and Buyer shall pay Bradford Technologies liquidated damages of $500 for each such draft.
All claims for shortages must be made by the Buyer in writing within a period of 2 business days from the receipt of products. Unless such notice is given within the stated period of time, Buyer agrees that it shall be conclusively presumed that Buyer has fully inspected the product and acknowledged that NO shortage exists.
5. Events of Default
Buyer shall be in default under this agreement upon the happening of any of the following events or conditions: (a) any payment is and remains overdue for a period of five (5) days or more; (b) Buyer's breach of any representation, warranty, covenant or obligation to Bradford Technologies; and (c) Dissolution, termination of existence, discontinuance of Buyer's business, insolvency, or appointment of a receiver of any part of the property of, or assignment fore the benefit of creditors by Buyer or the commencement of any proceedings under any bankruptcy re-organization or arrangement laws by or against Buyer or the attachment, levy, seizure or garnishment of any Buyer's property, rights, assets (contingent or otherwise) or the product.
6. Remedies of Bradford Technologies
Upon the occurrence of any event of default or at any time thereafter, Bradford Technologies may, at its option without further notice, exercise one or more of the following remedies: (1) Demand or, without demand, sue for amount then due or thereafter accruing under any invoice, bill or other documentation evidencing indebtedness; (2) Suspend deliveries as to any or all product; (30 Take possession of the product wherever found and for this purpose enter upon any premises of Buyer to remove the product, without court order or other process of law, without any liability fore damages, suit, action or other proceedings by the Buyer for such entry/or removal; (4) Cause Buyer, at its expense, top promptly return the product to Bradford Technologies in good, like-new condition; (5) Sell the goods, or any part thereof at public or private sales (for cash or credit) at such time or times as Bradford Technologies shall determine, free and clear or any rights of Buyer, and if notice thereof is required by laws, any notice is writing if any such sale by Bradford Technologies to Buyer not less than ten days prior to the date thereof shall constitute reasonable notice thereof by Buyer; 96) Exercise any and all rights accruing to Bradford Technologies under any applicable contract or law upon the default by Buyer.
7. Security Interest
Buyer grants Bradford Technologies a security interest in all products purchased by Buyer from Bradford Technologies and in any proceeds thereof, until the purchase price and any other charges due to Bradford Technologies have been paid. Buyer shall execute any financing statement or other documents that Bradford Technologies requests in order to protect Bradford Technologies' security interest.
8. Mitigation of Damages
Should Bradford Technologies repossess any of the product because of a default by Buyer, Bradford Technologies may make a commercially reasonable effort to sell product at a reasonable price to a third party, provided, however, that Bradford Technologies shall have no obligation to actively seek out and solicit potential sellers and Buyers for said goods.
9. Collection Costs
In the event of any default on the part of the Buyer hereunder, Buyer shall pay any and all collections costs, including reasonable attorney fees incurred by Bradford Technologies.
10. Rights and Remedies Not Exclusive
No right or remedy conferred upon or reserved to Bradford Technologies by this agreement shall be exclusive of any other right or remedy herein or by contract or law provided, all rights or remedies conferred upon Bradford Technologies by this agreement or by law shall be cumulative and in addition to every other right or remedy available to Bradford Technologies.
11. Description of Services
12. Use of Website, Services and Communication Services
The COMPANY hereby grants you, and you hereby accept, a limited, revocable, non-exclusive right to access the WEBSITE, SERVICES AND COMMUNICATION SERVICES solely for purposes directly related to your professional activities arising in the ordinary course of business, subject to and in accordance with the terms and conditions hereof. Any other use of the WEBSITES, SERVICES and COMMUNICATION SERVICES is strictly prohibited. In connection with your activities on the WEBSITES and its SERVICES, you shall (i) operate your business in accordance with all applicable laws and regulations, (ii) to the extent reasonably practical, use the WEBSITE to obtain products and services of the type offered by members thereof, (iii) consistently encourage the use of the WEBSITE by appraisers and other participants in the real estate mortgage industry, (iv) promptly respond to all requests for services or products received from, and promptly pay for all services or products ordered from, other members of the WEBSITE, (v) make no false or misleading representations to any party with regard to the WEBSITE or any product or service offered by you, and (vi) not participate or engage in any illegal, deceptive, misleading, unethical or improper practice or infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. You further agree not to (vii) disseminate any information about another member of the WEBSITE without the prior consent of such member, or (viii) send unsolicited e-mails or other types of communications to any member of the WEBSITE for any purpose other than requesting the delivery of products or services provided by such member or a proposal to provide any such product or service. You agree to use the COMMUNICATION SERVICES only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. The COMPANY has no obligation to monitor the COMMUNICATION SERVICES. However, Bradford Technologies reserves the right to review materials posted to the COMMUNICATION SERVICES and to remove any materials in its sole discretion. The COMPANY reserves the right to terminate your access to any or all of the COMMUNICATION SERVICES at any time, without notice, for any reason whatsoever. The COMPANY reserves the right at all times to disclose any information as the COMPANY deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bradford Technologies' sole discretion. Bradford Technologies does not control or endorse the content, messages or information found in any COMMUNICATION SERVICES and, therefore, Bradford Technologies specifically disclaims any liability with regard to the COMMUNICATION SERVICES and any actions resulting from your participation in any COMMUNICATION SERVICES. Materials uploaded to the COMMUNICATION SERVICES may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
13. No Unlawful or Prohibited Use
As a condition of your use of the SERVICES, you will not use the SERVICES for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SERVICES in any manner that could damage, disable, overburden, or impair any Bradford Technologies server, or the network(s) connected to any Bradford Technologies server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any SERVICES, other accounts, computer systems or networks connected to any Bradford Technologies server or to any of the SERVICES, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SERVICES.
14. Use of "Member" Names
You hereby grant Bradford Technologies the right to include your name and/or company logo in the WEBSITE and in advertisements and releases promoting the WEBSITE and its SERVICES.
15. Links to Third Party Sites
The links in this site will let you leave the WEBSITE. The linked sites are not under the control of COMPANY. The COMPANY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the COMPANY
16. Member Account, Password, and Security
If any of the SERVICES requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bradford Technologies immediately of any unauthorized use of your account or any other breach of security. Bradford Technologies will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bradford Technologies or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
17. Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.
18. Agreement Termination
The COMPANY reserves the right, in its sole discretion, at any time, with or without cause, upon written notice to you, to terminate this AGREEMENT. Upon termination of this AGREEMENT, all rights and obligations of the parties hereto (excepting those set forth in Sections 10, 11, 12 and 13) shall terminate. In addition, you agree to immediately cease and desist from accessing the SERVICES and from holding yourself out as a member of the WEBSITE.
19. Proprietary Rights
20. Limitation of Liability
You assume all responsibility for the use of the WEBSITE. the contents and services are provided "as is," and are without any express or implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose; freedom from viruses, bugs, errors, or other harmful code or computer programming routines; and non-infringement of intellectual property rights. The COMPANY is not liable for any damages, including, but not limited to, punitive, incidental, or consequential damages (including, but not limited to, damages for the inability to use the WEBSITE or access the contents, loss of business, loss of profits, business interruption or the like), arising out of the use of or inability to use the WEBSITE, the contents, or any hyperlinked site, even if the COMPANY has been advised of the possibility of such damages.
You agree to indemnify and hold the COMPANY and its affiliates, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever made by any third party due to or arising out of your content, your use of or connection to the WEBSITE and its SERVICES (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.
In the event that you have a dispute with one or more users of the WEBSITE, you shall and do hereby release the COMPANY and its employees and agents from claims, demands and damages (actual and consequential) 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. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
23. Governing Law/Venue
This agreement shall be construed and enforced in accordance with the laws of the State of California . All claims, actions, disputes, controversies or suits shall be litigated exclusively in the courts of California .
The COMPANY may amend this AGREEMENT at any time by posting the amended terms on the WEBSITE. Except as stated above, all amended terms shall automatically be effective when posted on the WEBSITE. This AGREEMENT may not be otherwise amended except in a writing signed by you and the COMPANY.
No supplement, modification, or amendment or waiver, of the terms and conditions shall be binding upon Bradford Technologies, unless executed in writing by a duly authorized representative of the COMPANY. The failure by the COMPANY to enforce any provision of this AGREEMENT will not constitute a waiver of future enforcement of that or any other provision.
If for any reason any portion of this AGREEMENT is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the terms and conditions will remain in full force and effect.
27. Information Control
The COMPANY does not control the information provided by other users that is made available through our WEBSITE. You may find other user's information to be inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using the WEBSITE.
Without limiting any other remedies, the COMPANY may suspend or terminate your membership in the WEBSITE if the COMPANY suspects that you (by conviction, settlement, investigation or otherwise) have engaged in any fraudulent activity in connection with the WEBSITE and its SERVICES.
The headings used herein are for convenience only and shall not affect the interpretation or construction of the AGREEMENT.
30. Entire Agreement
The terms and conditions set forth the entire agreement between you and the COMPANY regarding the subject matter of the AGREEMENT, and supersede any prior oral or written statements or agreements with respect to the same.