DESIGNATED APPRAISER COALITION (DAC) – VALUELYNK.COM
END USER LICENSE AGREEMENT (EULA)
This website is owned and operated as an on-going development project by OMNI Realty Group, LLC dba Valuelynk.com in association with the Designated Appraiser Coalition, Inc (DAC).; hereafter referred to both severally and jointly as (PROVIDER) for the exclusive benefit and use of designated DAC members and their clients as may be adopted and/or modified from time to time in accordance with the DAC Governance Charter [View Governance Charter].
BY ACCESSING ANY AREA OF THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS SET FORTH HEREIN AND ANY FUTURE CHANGES, INCLUDING LICENSING REQUIREMENTS TO USE THE SITE. YOU AGREE THAT THE INFORMATION YOU PROVIDE WILL BE BONAFIDE AND ANY FALSE INFORMATION ENTERED BY YOU WILL BE SUFFICIENT EVIDENCE TO EITHER LIMIT OR ELIMINATE YOUR ACCESS TO THE SITE. IF YOUR ACCESS IS EITHER LIMITED OR ELIMINATED, YOUR PROPRIETARY INFORMATION, INCLUDING DOCUMENTS, DATA AND OTHER INFORMATION YOU HAVE ENTERED INTO THE SYSTEM WILL BE MADE AVAILABLE AND/OR RETURNED TO YOU ELECTRONICALLY; HOWEVER, (PROVIDER) MAY CONTINUE TO UTILIZE THE INFORMATION FOR ANALYTIC PURPOSES, BUT WILL NOT DISCLOSE OR DISTRIBUTE YOUR PROPRIETARY INFORMATION WITHOUT YOUR WRITTEN PERMISSION. If you do not agree to these terms, you may not use or further access this website.
Site Governance – DAC Governance Charter:
This site is governed by adherence to the Designated Appraiser Coalition (DAC) Governance Charter [View Governance Charter] as well as the Standards of Professional Practice and Code of Professional Ethics of the Appraisal Institute® and the Uniform Standards of Professional Appraisal Practice (USPAP) as may be promulgated from time to time by The Appraisal Foundation. All users of this site agree to be bound by these standards and ethics and further agree to submit to any inquiry by duly authorized bodies of government or professional organizations assigned to conduct inquiries regarding adherence to professional standards, ethics and regulations as may be necessary to ensure the security and integrity of the profession and the system, with specific regard to providing the highest level of competent and credible valuation services.
Appraisal Institute® Disclaimer:
This site is not sanctioned, authorized or intended to be represented as being sponsored by the Appraisal Institute® (AI®). This site and its offerings form a collaborative service enterprise developed and supported by individual designated members of the AI® and other recognized organizations that confer professional designations on their members who meet the requisite education, training and experience requirements of those orgainization. This DAC enterprise is not affiliated with or endorsed by the AI®. All content and functions of the offerings presented are the responsibility of the Provider and should not be construed to represent the position or purposes of the AI®. Any reference to the AI® or any other professional organization presented herein is for informational purposes only.
NOT AN APPRAISAL MANAGEMENT COMPANY (AMC):
The Designated Appraiser Coalition (DAC) service system does not act as an AMC, but rather, provides top level designated and licensed appraisal service professionals a vehicle through which their clients can work directly with them without third party influence. For purposes of disclosure, the PROVIDER does not permit service functions within the DAC service system that may be described, considered or viewed as an AMC function. In certain instances, the Provider may admit AMC to use the DAC service system as a registered client; however, this requires a separate registration process. If you wish to operate as an AMC Client within the DAC service system, you are directed hereby to not proceed further, but to email the DAC Services Administrator at: email@example.com The DAC does not direct the engagement, processing, delivery, or billing for services in any way. These processes are strictly managed directly between the Client and the Valuation Service Provider member they select. AMC's can be authorized to use the DAC service system as a platform for processing their services through independent DAC Valuation Service Provider members; however, by disclosure here, the DAC certifies that it does not operate as an AMC and any service deployed, now or in the future, that could be construed as an AMC function conducted by the DAC will be eliminated from DAC service profiles. By using this site, unless you are a licensed, operating AMC that has completed the formal DAC application, verification and training program applicable to AMC Clients you agree not to employ the DAC service system in any way that could be construed as an AMC function. Users are notified that if any AMC function, not directly licensed or otherwise authorized by the DAC Governance Committee, is detected within the system, those participating, subject to DAC Governance Committee review, may be subject to revocation of system use. You agree to submit any questions regarding permitted use of the DAC service system to the DAC Governance Committee for review as provided in the site.
Except as otherwise noted in this website, all information and other content posted in this website (collectively, the "Information") is either owned by or licensed to PROVIDER, and is protected by copyrights or other proprietary rights. All Information is copyrighted by PROVIDER as a collective work under U.S. and international copyright laws, conventions and treaties. PROVIDER retains all proprietary rights to the Information. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of any software related to this website. You may make one hard print copy of limited portions of the Information on an ad hoc basis for your personal noncommercial use only, provided that all copyright and other notices contained therein are maintained, but otherwise the Information may not be used, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way without PROVIDER’s written permission.
The website(s) trademarks and service marks are owned by PROVIDER, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PROVIDER. No license or other right is granted to use any of the marks. Other product, service and company names mentioned herein are for identification purposes only and may be trademarks/service marks of their respective owners.
NO WARRANTY - LIMITATION OF LIABILITY:
Although PROVIDER will attempt to provide, manage and maintain a useful website, PROVIDER does not guarantee that the information is accurate, current or suitable for any particular purpose. PROVIDER assumes no obligation to update or continue to post the Information. PROVIDER does not guarantee that access to this website will be uninterrupted, that this website will be free of viruses or other harmful components, or that this website cannot be tampered with by third parties. PROVIDER does not guarantee that information sent to this website will not be obtained, reviewed, disclosed or tampered with by third parties, whether or not measures are taken to secure such information. THIS WEBSITE, THE INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS OR USE OF THIS WEBSITE, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER’S SOLE RISK. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANY SOFTWARE RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY, OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF PROVIDER IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions may not allow the disclaimer of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
All users agree to indemnify, defend and hold harmless PROVIDER, its owners, officers, directors, employees, agents, information providers, licensors and licensees from any damages, losses, costs or expenses (including, but not limited to, attorneys’ fees) which any of such persons may incur as a result of their use of this website or as a result of information entered into this website by them. All users agree to cooperate fully with PROVIDER in the defense of any claim. PROVIDER reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, and users shall not in any event settle any matter without the written consent of PROVIDER.
Websites hyperlinked or otherwise accessible from or mentioned in this website are not under the control of PROVIDER and are not parts of this website. PROVIDER is not responsible for the content located on or through, or the availability of, a linked site. Any links to other websites are provided only for purpose of convenience and do not constitute an endorsement of any linked site, its owner or operator.
PROVIDER will not disseminate any information regarding its members, owners, users, licensees, licensors or others without the express permission of said parties relating to the collection and use of information shared with us as part of this agreement. Any dissemination of information regarding any party legally using the PROVIDER software is strictly prohibited.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to:
PROVIDER c/o Omni Realty Group, LLC
235 Orange Street
Palm Harbor, Florida 34683
This website is controlled by PROVIDER in the State of Florida, U.S.A. The laws of the State of Florida will govern these terms, without giving effect to any principles of conflicts of laws. PROVIDER makes no representation that this website or the Information is appropriate, legal or available for use in other locations. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with local laws, if applicable. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Pinellas or Hillsborough County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The provisions of these terms are severable. If any provision is determined to be unenforceable, such unenforceability will not affect the validity and enforceability of any other provision. These terms, together with any License Agreement permitting use of the DAC-ValueLynk.com service system, are the entire agreement between PROVIDER and you relating to your use of this website. PROVIDER may revise these terms at any time by posting such changes on this website; any such changes shall be binding upon you when posted.