Terms and Conditions of Use
All ACI graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “ACI Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, texts provided by ACI and arrangement of such ACI Content, contained on the Site is owned, controlled or licensed by or to ACI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information made available by a third party for your internal business purposes only, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal or informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such materials.
You understand that all data, text, information, links and other content (collectively “Content”) whether posed in public or restricted group, is the sole responsibility of the person from which such Content originated. This means that you, the user, and not ACI, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively “Post”) via the Site. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ACI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted via the Site. You agree that you must evaluate, and bear all risks on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission through the Site, including ACI Content and Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any ACI Content and Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any such Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ACI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ACI server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ACI, including any ACI account not licensed by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ACI’s systems or networks, or any systems or networks connected to the Site or to ACI.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ACI on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You agree when Posting any Content that you are conferring to other users of this Site that they have your permission to use your Content for any legitimate internal and commercial purpose.
You agree that you are responsible for your own conduct and communications while using the Site and for any consequences thereof. You agree to use the Site only to send and receive material that is legal, proper and related to the particular business purpose raised in the Site.
Purchases; Other Terms and Conditions
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Because there’s no annual contract, your rate is subject to change, but we’ll always notify you beforehand. If you cancel within 30 days of your order, you’ll be fully refunded. Should you cancel after 30 days, your payment is non-refundable and your service will continue until the end of that month’s billing period. Cancellations may be made any time by contacting ACI OneCall at 800-234-8727.
Annual contract, paid monthly
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, plus applicable taxes, every month for the duration of your annual contract. Your contract will renew automatically on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 30 days of your order, you’ll be fully refunded. Should you cancel after 30 days, you’ll be charged 50% of your remaining annual contract obligation and your service will continue until the end of that month’s billing period. Cancellations may be made by contacting ACI OneCall at 800-234-8727.
Annual contract, prepaid
Service begins as soon as your payment is processed. You’ll be charged the annual rate stated at the time of purchase in a single amount, plus applicable taxes. Your contract will renew automatically on your annual renewal date, until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within 30 days of your order, you’ll be fully refunded. Should you cancel after 30 days, your payment is non-refundable and your service will continue until the end of your contract term. Cancellations may be made by contacting ACI OneCall at 800-234-8727.
ACI’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
ACI may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
The Site may access and use your location information as well as data received from you and your agents and customers through the use of ACI’s products and services. By using this Site, you agree that ACI and its affiliates may collect this information and use such information after removing or obscuring any personally identifiable information, for purposes such as reporting usage, maintenance and improvement of the Site, preparing and distributing analytics and comparative analyses, and performance and benchmarking both during and after the term of this agreement. This notice will serve as your sole notice that the Site may collect your information, and you may not receive any reminders or further notice.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
By visiting this Site, you understand and agree that all copyrights and trademarks will be respected.
Copyright © 1996, 2008, 2016 by ACI, a First American company ALL RIGHTS RESERVED.
All information and content included on this Site, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, is the property of ACI or its content or software suppliers and is protected by United States and international copyright laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any information from this Site without the express written consent of ACI and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through this Site for commercial or public purposes without the express written consent of ACI and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on this Site in any form or by any means whatsoever without the express written consent of ACI. Such consent may be requested by contacting ACI at 145 City Place, Palm Coast, FL 32164. Attn: Legal Department.
The trademarks, logos, service marks, graphics, and trade dress displayed on this Site are the intellectual property of ACI and other applicable parties that have licensed their property and/or material to ACI. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of ACI or a third party. You are prohibited from using any ACI or third-party trademarks or service marks noted on the Site for any purpose, including but not limited to use as metatags on other pages or sites on the World Wide Web, without the express written permission of ACI or such third parties. If ACI grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits ACI.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ACI ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ACI immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ACI or any other user of or visitor to the Site due to someone else using your ACI ID, password or account.
You may not use anyone else’s ACI ID, password or account at any time without the express permission and consent of the holder of that ACI ID, password or account. ACI cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the ACI Site
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ACI’s control, and ACI is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
ACI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ACI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM, OR THE CONTENT POSTED INCLUDING THE ACI CONTENT POSTED ON THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ACI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ACI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ACI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ACI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ACI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS CONTENT INCLUDING ACI CONTENT, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL ACI BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00).
YOU AGREE TO INDEMNIFY AND HOLD ACI, ITS PARENT, WHOLLY-OWNED SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST ACI BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.
ACI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ACI’s rights or property, or the rights or property of visitors to or users of the Site, including ACI’s customers. ACI reserves the right at all times to disclose any information that ACI deems necessary to comply with any applicable law, regulation, legal process or governmental request. ACI also may disclose your information when ACI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that ACI may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
General Purpose Appraisal Report (GPAR™)
ACI MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GPAR™. ACI SHALL HAVE NO LIABILITY FOR CONCLUSIONS THAT MAY BE REACHED BY YOU IN THE GPAR™. YOU AGREE TO INDEMNIFY AND HOLD ACI HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, CLAIM, SUIT OR EXPENSE, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATING TO THE IMPROPER USE OF THE GPAR™ BY YOU.
ALL FLOOD ZONE DATA IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: ALL FLOOD ZONE DATA (INCLUDING ANY MAPS) PROVIDED BY ACI FOR USE WITH THE ACI SOFTWARE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. ACI MAKES NO REPRESENTATIONS OR WARRANTIES TO ANY PARTY, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF ANY SKY FLOOD DATA, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACI SHALL HAVE NO LIABILITY TO ANY PARTY IN CONNECTION WITH ANY USE OF THE SKY FLOOD DATA.
ACI Licensors and Third-party Products
The Software may contain or reference links to websites and software provided and operated by third parties (“Third-Party Products”). These links are provided as a convenience only. Such Third-Party Products are not under the control of ACI. ACI is not responsible for the content of any Third-Party Product or any link contained in a Third-Party Product. ACI does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Products, and the inclusion of any link in the Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by ACI of any information contained in any Third-Party Product. In no event will ACI be responsible for the information contained in such Third-Party Product or for Your use of or inability to use such website or software. Access to any Third-Party Product is at Your own risk, and You acknowledge and understand that linked Third-Party Products may contain terms and privacy policies that are different from those of ACI. ACI is not responsible for such provisions, and expressly disclaims any liability for them. In addition, use of the following Third-Party Products is subject to the additional terms and conditions stated herein.
Employee Relocation Council
All ACI software for the Employee Relocation Council forms is subject to the following additional terms and conditions: “Certain material contained in this License Agreement is licensed from the Employee Relocation Council (ERC) and is subject to the terms of that license. The use of all ERC forms generated by this Software is limited to the preparation of completed forms by the end user for its business use. The production of blank forms is strictly prohibited. ERC reserves the right to change, modify, or discontinue the use or endorsement of any of its forms at any time, without notice to the end user. ERC makes no claims or representations concerning its forms whatsoever, including their fitness for any specific or particular purpose. ERC is not connected in any way with any software vendor and licenses its forms widely.”
Canadian Employee Relocation Council
All ACI software for the Canadian Employee Relocation Council forms is subject to the following additional terms and conditions: “Certain material contained in this License Agreement is licensed from the Canadian Employee Relocation Council (“C-E-R-C”) and is subject to the terms of that license. The use of all C-E-R-C forms generated by this Software is limited to the preparation of completed forms by the end user for business use. The production of blank forms is strictly prohibited. C-E-R-C reserves the right to change, modify, or discontinue the use or endorsement of any of its forms at any time without notice to the end user. C-E-R-C makes no claims or representations concerning its forms whatsoever, including their fitness for any specific purpose. C-E-R-C is not connected in any way with any software vendor and licenses its forms widely.”
CoreLogic Flood Services, LLC
All flood zone data is subject to the following additional terms and conditions: All flood zone data (including any maps) provided by Corelogic Flood Services, LLC, for use with the ACI Software is provided “AS IS” and “WITH ALL FAULTS”. NEITHER CORELOGIC NOR ACI MAKES ANY REPRESENTATIONS OR WARRANTIES TO ANY PARTY, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF ANY TFHC DATA, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither CoreLogic nor ACI shall have any liability to any party in connection with any use of the CoreLogic flood zone data.
Appraisal Institute, Inc.
I agree that the Appraisal Institute is not responsible for the data, analysis or work product I will be providing to my client in these AI Reports®. I agree to only use AI Reports® for my own internal business purposes, and I may not re-sell or sublicense AI Reports®. I further agree to indemnify, defend and hold harmless the Appraisal Institute from and against any and all third-party claims or liabilities for any third-party claim brought against the Appraisal Institute arising from or related to my use and/or any misuse of AI Reports®.
FNC, Inc. AIReady (ENV) File Process
The following terms apply to the creation, delivery, process and review of ENV AIReady™-type files (“ENV Files”) and any other use of the ENV Processor (“ENV Module”) provided by FNC, Inc. (“FNC”).
(a) Your use of the ENV Module and any creation, delivery, review, and processing of any ENV Files are at Your sole risk and discretion;
(b) When delivering any ENV Files using the ENV Module or the Software, You shall only deliver such file to any FNC Port or any person or entity designated by FNC from time-to-time and available on the AI Ready website (www.aiready.com), and subject to any further terms and conditions as may be set forth therein.
(c) You are solely responsible for maintaining compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) and any other standards and regulations to which You and/or any of Your clients or customers, including appraisers, may be subject.
(d) You represent and warrant that You are responsible for the review of any appraisal to be processed using the Software and/or the ENV Module. In connection with any use of the ENV Module, (i) You have reviewed and revised, and have caused any appraiser or other person responsible for (or identified in) any form, report or process to review and revise, any such report, form, or process prior to its delivery to any other person (including any client or intended user), (ii) You will, and will cause any appraiser or other person responsible for or identified in any form, report, or process to, use best practices in connection with any such review and revision, which includes, without limitation, a visual review of the resulting data stream, form, report, or process against the original appraisal, data stream, form, report, or process, and (iii) You have saved, and caused any appraiser or other person (whether an appraiser or not) to save, a copy of any such form, report, or results of the process for future reference.
(e) For each appraisal, form, report, or process processed into an ENV File, You have caused the applicable appraiser to acknowledge and agree that each ENV File derived from such appraisal, form, report, or process shall include a copy of such appraiser’s signature as provided on such appraisal, form, report, or process.
(f) FNC AND ACI SPECIFICALLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED. THE ENTIRE AND EXCLUSIVE LIABILITY AND REMEDY FOR ANY CLAIM AGAINST FNC AND/OR ACI BY REASON OF THE USE OF THE ENV MODULE SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE ENV MODULE AND SHALL NOT INCLUDE OR EXTEND TO ANY CLAIM FOR OR RIGHT TO RECOVER DAMAGES OF ANY KIND.
(g) You shall indemnify, defend and hold FNC and ACI, including each of the foregoing entities’ affiliates, partners, officers, employees, directors, agents, contractors, representatives, successors and assigns (collectively “Affiliates”), from and against any liabilities, claims, actions suits, proceedings, judgments, losses, damages, deficiencies, costs and expenses (including reasonable attorneys’ fees) (“Losses”) arising out of any use, misuse, reproduction, or redistribution of the ENV Module and any ENV Files and any breach or inaccuracy of any representation, warranty, covenant or obligation set forth in this Section entitled “FNC, Inc. AI Ready (ENV) File Process”.
(a) “Maps Terms” mean the terms for Google Maps set forth at the following URL, http://maps.google.com/help/terms_maps.html (or other URL as may be provided by Google).
(b) “Legal Notices” mean the legal notices set forth at the following URL (or other URL as may be updated by Google) http://www.maps.google.com/help/legalnotices_maps.html (or other URL as may be provided by Google)
(c) The “Acceptable Use Policy” or “AUP” means the means the acceptable use policy for the Services available at http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html (or other URL as may be provided by Google))
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.