These Terms of Use (“TOU”) apply to your access and use of websites, mobile applications, portals and web applications (“Website(s)”) operated by Amrock, LLC and its subsidiaries (“Company,”“we,” “our,” or “us”), other than My Appraisal Connection, for which the following terms of use apply: www.myappraisalconnection.com/Account/TermsOfUse.
For Amrock there are additional product-specific terms located at the bottom of this page which also apply to your use of the Clear Sign product. By accessing or using the Websites, you agree to these TOU whether or not you are a registered user of Company products and services (each a “Service” and collectively our “Services”).
OWNERSHIP OF CONTENT. You acknowledge and agree that the Websites and content are owned by us and protected by various intellectual property laws. You do not acquire any rights to the Websites or content by downloading, using, accessing or viewing it. You agree not to copy, reproduce, publish, commercially exploit, create derivative works from, perform, upload, post, transfer, transmit, display, distribute, duplicate, reverse engineer, frame, alter, license, modify or adapt any of the content, Websites or Services.
The Company name and other Company trademarks, including the Company logo and all related names, logos, product and Service names, designs and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites.
ELIGIBILITY. Our Services and Websites are for users who are 18 years of age or older. Do not use them if you are under 18. By using our Websites or Services, you represent you are 18 or older and that you agree to and will abide by all of the terms and conditions of these TOU.
You also acknowledge and agree that you have sole responsibility and liability for your use of the Websites and Services and for providing or obtaining and for maintaining all of the hardware, software, electrical power, telecommunications, Internet services and other products or services necessary or desirable for you to access and use our Websites and Services, including any anti-virus and data protection products or services.
COMMUNICATIONS AND AFFILIATE SHARING. You expressly consent to having us, our affiliates, agents or representatives and potentially non-affiliated third parties contact you about any inquiry or application initiated via our Websites, by text message, email or phone (including use of an automatic telephone dialing system or an artificial or pre-recorded voice) to the residential or cellular telephone number you have provided, even if the telephone number is on a corporate, state or national Do Not Call Registry. You do not have to agree to receive such calls or messages as a condition of getting any Services from us. You also consent to us contacting you through the email address you have provided us. If you want to opt out of receiving marketing information by email, telephone, text message and/or mail, please call (888) 848-5355 or contact us by email at ClientRelations@amrock.com.
By accepting these TOU, you acknowledge and agree that we may share the information that you provide us, including, but not limited to, your full name, birth date, address, telephone number, email address and social security number with our affiliates so that we may respond to your inquiry. You can limit certain sharing by contacting us as described above. RECORDING & MONITORING OF COMMUNICATIONS. Your communications with Company or any of its affiliates by chat, email, video, text message and telephone may be recorded or monitored. By using such communication methods, you are consenting to the recording or monitoring of the same. You also represent that you have obtained consent to recording and monitoring from any other individual involved in your communications with the Company.
LOCATION AND GOVERNING LAW. We provide Services from within the United States of America. The Websites and our Services provide information regarding services and products that are made for use for properties located in the United States of America. We offer no Services for properties outside of the United States of America. You agree that these TOU shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles of conflicts of law. You understand and agree to resolve through final and binding arbitration the following claims, disputes or controversies arising between you and Amrock, LLC and its parents, affiliates, subsidiaries, or related companies: all claims, disputes or controversies arising from the Telephone Consumer Protection Act of 1991 (“TCPA”) or state law claims similar to the TCPA. You will arbitrate TCPA claims between you and Amrock at a location the arbitrator will determine in compliance with Amrock’s Governing Law provision. The arbitrator, not the court, will resolve the issue of arbitrability. Any state or federal court having jurisdiction thereof may enter judgment of any award the arbitrator renders. This arbitration contract is made under a transaction in interstate commerce and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement and proceedings. As the Governing Law provision indicates, the laws of the State of Michigan govern the enforceability of this arbitration provision as a contract, but not the scope of this provision. Neither you nor Amrock are entitled to join or consolidate claims in arbitration by or against other consumers or to arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial for TCPA-related matters which, based on the above, will be arbitrated. You agree that any other action(s) at law or in equity arising out of or relating to these TOU or the use of the Websites shall be filed only in the state or federal courts located in Wayne County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating these TOU.
PERMITTED USES. You may only use our Websites and Services to conduct business with us. You may not:
- interfere with or induce a breach of the contractual relationships between any one of us and our employees;
- engage in illegal or prohibited actions, including actions prohibited by these TOU, or actions that may harm others or their property;
- transmit any advertisements, solicitations, schemes, spam, flooding or other unsolicited email or unsolicited commercial communications;
- introduce harmful or disabling computer codes or viruses;
- harvest email addresses from the Websites or any of our Services;
- use technology or software that interferes with our systems or Services;
- use technology or software to gain or attempt to gain unauthorized access to our computer systems and network;
- provide your username, password or other credentials to any unauthorized user to gain or attempt to gain unauthorized access to our Services, computer systems and network;
- visit or cause a visit to this Website or our Services for the purpose of manipulating the results of any Internet search engine;
- impersonate or otherwise misrepresent your affiliation with any person or entity;
- harm, threaten, harass, abuse or intimidate another person in any way;
- dilute or depreciate the name and reputation of Company;
- access, view, modify or use any portion of the Websites or Services not made expressly accessible to you or otherwise not intended for you;
- duplicate or distribute any information made available to you that does not relate solely to your use of the Services or Websites, and you shall treat any such information if made available to you as confidential;
- transmit or upload any content or images that infringes any third party’s intellectual property rights or invades any third party’s right of privacy;
- use the Websites for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise;
- use any robot, spider or other automatic device, process or means to access the Websites for any purpose, or use a manual process to monitor or copy any of the material on the Websites; and
- unlawfully transmit or upload any confidential, proprietary or trade secret information.
COPYRIGHT COMPLAINTS. If you believe that any material on the Websites or in our Services infringes upon any copyright that you own or control, you may send a written notification to our designated copyright agent via email at ClientRelations@amrock.com, or via regular mail at Amrock, LLC, Attn: Legal Team, 662 Woodward Avenue, Detroit, Michigan 48226. In your notification, please: - confirm you are the owner, or are authorized to act on behalf of the owner, of the copyrighted work that has been infringed and include your physical or electronic signature;
- identify the copyrighted work or works you claim have been infringed;
- identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
- provide your contact details, including an email address; and
- provide a statement that the information you have provided is accurate and 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.
INDEMNIFICATION. You agree to defend and hold harmless the Company and our affiliates, officers, directors, employees and third-party suppliers from and against any and all third party actions, suits, claims and demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees) arising out of or relating to your User Content (as defined below), use or misuse of any aspect of the Services, our Websites or your violation of these TOU. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering our Website and/or the Services reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and that of any such third party.
SEVERABILITY AND WAIVER. You agree that if any provision of these TOU is found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these TOU and shall not affect the validity and enforceability of such other provisions. Our failure to exercise or enforce any right or provision in these TOU shall not constitute a waiver of such right or provision.
NOTIFICATIONS. We may provide you with notices via email or regular mail at the most recent address you have provided, or through posting information on the Websites or our Services. You consent to electronic notices and agree to maintain a valid email address for notices or other communications from us.
NO WARRANTY; ERRORS; DISCLAIMERS. Although we will try to provide accurate information, the Websites and our Services are provided “as is.” We make no representations or warranties, whether express or implied. We and our affiliates, officers, directors and employees disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory, relating to the Websites and our Services, or any documentation provided or made available to you, including, but not limited to, any warranties: (i) about title, merchantability, fitness for ordinary purposes, fitness for a particular purpose, non-infringement, system integration and workmanlike effort; (ii) about the quality, accuracy, timeliness or completeness of the Services or any aspect thereof; (iii) about the Websites or Services conforming to any function, demonstration or oral promise; and (iv) that access to or use of the Websites and/or Services will be uninterrupted, error-free or completely secure.
LIMITATION OF LIABILITY. You agree that all access to and your use of the Websites and our Services and their respective content are at your own risk and Amrock assumes no liability for such accessor use. You agree that you will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using or visiting the Websites or our Services.
For the avoidance of doubt, we are not liable for any indirect, incidental, special, consequential, exemplary, punitive or other damages arising out of, based on, resulting from or in connection with the Websites or our Services, this agreement or your use or inability to use any of the foregoing, even if we have been advised of the possibility of such damages.
No action arising out of or pertaining to these TOU may be brought more than one (1) year after the cause of action has arisen.
ACCESS TO WEBSITE AND THE SERVICES. We reserve the right, in our sole discretion and without notice to you, to deny you access to use of the Websites and our Services.
ACCESS TO THIRD-PARTY SITES. You may direct us to retrieve information maintained online by third parties that are not affiliated with us, but with which you have a relationship, maintain accounts or engage in financial transactions ("Third-Party Account Information"). We work with one or more online service providers to access this Third-Party Account Information. We are not responsible for the Third-Party Account Information or products and services offered by or on third-party sites or the currency, availability or accuracy of their information.
LINKING. The Websites and our Services may provide links to other websites and services ("Third-Party Websites"). By providing a link, we do not endorse, approve, sponsor or control, and we are not in any way responsible for any of the content, services, calculations, information, products or materials that you may receive through any Third-Party Websites. Through use of our Websites or the Services, you acknowledge and agree that we are not liable to you or any other person for any damages or claims that might result from such content, services, calculations, information, products or materials accessed via Third-Party Websites.
Amrock does not permit third parties to link to its Websites for advertising or other purposes without Amrock’s written permission. Unless you have received such written permission from Amrock, you agree that you will not create links from any site or webpage to Amrock’s Websites.
EDUCATIONAL MATERIALS: We may provide educational materials through our Websites related to title, settlement, appraisal and other topics. This is for informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. It is not intended to provide, and should not be relied upon for, legal, tax or financial advice. Please consult your own legal, tax or financial advisor concerning such matters. Any information provided is subject to change at any time and we undertake no obligation to update any content. We disclaim all liability and responsibility arising from any reliance placed on such materials. We may also provide you with materials from third parties. All statements and/or opinions expressed in these third-party materials are solely the opinions and responsibility of the owner. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided belonging to third parties.
AUTHORIZED REPRESENTATIVES. If you are acting in your capacity as an authorized representative of another person ("Authorized Representative"), you represent and warrant to us that you have authority to act on behalf of the person with respect to these TOU and the Services offered through the Websites, and you agree to these TOU on behalf of both yourself and the person you represent. You and the person you represent agree that any one Authorized Representative may provide us with instructions, make any decision, obtain any information or make any request associated with the Services offered via the Websites.
USER CONTENT. Our Websites and Services may include interactive areas in which you may share content, including messages, data, information, testimonials, photos, videos, audio, applications and other materials (collectively, “User Content”). You grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid-up and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats, now and in the future, without notice, compensation or other obligation to you or any other person. You may not create, post, store or share any User Content that violates these TOU or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these TOU and will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor any of the User Content, we may delete, reject or remove any User Content at any time and for any reason with or without notice. We have the right to take any legal action and disclose any User Content and information to third parties as permitted or required by law, these TOU, our Privacy Policy or contractual agreements.
Separate and apart from User Content, you may voluntarily post, submit or otherwise communicate to us any questions, comments, improvements, suggestions, information, materials and ideas regarding our Websites and Services ("Feedback") and it will become and remain our exclusive property, including any future rights associated there with. You forever disclaim any proprietary rights in such Feedback and acknowledge that we have the unrestricted right to use, publish and commercially exploit identical, similar or derivative ideas originating from your Feedback, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
SYSTEM OUTAGES: We periodically schedule system downtime for maintenance and other purposes. In addition, unplanned system outages may occur. We do not have any liability for the resulting unavailability of the Websites or Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or non-delivery of information caused by such system outages. Also, we shall not have any responsibility for any third-party acts or any other outages of web host providers or the internet infrastructure and network external to the Websites or Services.
REVISIONS AND MODIFICATIONS. We reserve the right to temporarily or permanently modify or discontinue the Websites or the Services, or any portion of the Websites or the Services, or any individual account or credentials, for any reason without notice. We may also change these TOU from time to time. If we change these TOU, we will update the Last Modified date above and all changes are effective immediately. By continuing to access or use the Websites or the Services after any modifications have been made, you agree to the modified TOU. You further acknowledge and agree that individual modifications to these TOU are not permitted and will not be effective.
