posted 03-05-2000 12:35 PM            

Below is the actual disclaimer contract from one of the most visible "have it appraised online" sites. The name in the contract has been changed........

I guess most people don't read the fine print .... if they did, why would anyone waste their money & time having an "e" appraisal done???. From the contract below: "You should not make any decisions about the object based on the "e" appraisal or rely on it for insurance, tax, or any other purposes."

It would be nice if someone with a legal background would summarize the below into plain English.

Scott

quote:

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1) This User Agreement is a contract between you and COMPANY NAME.

2) The "e"appraisal is an estimate of the price at which an object may change hands between a willing buyer and seller. The "e"appraisal is one way for you to learn a little more about an object, but it is not a promise or a warranty on the authenticity, value, or eventual sale price of the object. You should not make any decisions about the object based on the "e" appraisal or rely on it for insurance, tax, or any other purposes.

3) The "e" appraisal will only be based on your photographs and other information you give us about the object. We will not examine the object itself. You will be the only one who is responsible for the accuracy and completeness of the photographs and information you give us.

4) We will only give you a refund if we are unable to complete an "e" appraisal and you have given us all of the information that we have asked for. Also, we will not give refunds if the "e" appraisal gives an estimated sale price of less than $20.00 or if we are unable to give you an "e" appraisal within 72 hours of your request.

5) We forever retain the right to use, for any purpose, without obtaining your consent, the "e" appraisal, the photographs of the object, the information you give us about the object, and any notes we create preparing the "e" appraisal. We will not be obligated to return any photographs or other information that you send to us.

6) YOU AGREE THAT ANY DAMAGES OR FINANCIAL LOSS THAT YOU SUFFER FROM ORDERING OR USING THE "e" appraisal FOR ANY PURPOSE WILL BE ENTIRELY YOUR RESPONSIBILITY. THE "e" APPRAISAL IS GIVEN "AS IS" WITHOUT ANY WARRANTY. YOU ALSO AGREE THAT THE ONLY REMEDIES YOU HAVE FOR OUR BREACH OF THIS AGREEMENT OR OUR NEGLIGENCE IN THE "e" APPRAISAL WILL BE YOUR CONTRACTUAL RIGHT TO A RETURN OF THE FEES YOU PAID TO US FOR THE "e" APPRAISAL, SINCE WE HAVE ALREADY ADVISED YOU THAT YOU SHOULD NOT RELY ON THE "e" APPRAISAL FOR ANY PURPOSE. WE AND OUR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND INDEPENDENT CONTRACTORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF THE SAME.

7) You will not (i) give us false, inaccurate, or misleading information; (ii) infringe anyone's proprietary rights; (iii) use defamatory or harassing words; (iv) do anything which damages, interferes with, or intercepts any part of our web site or any other system available to you from your participation in our web site; (v) make any promises to any other person based on the "e" appraisal; or (vi) create liability for us in any way.

8) You will indemnify, defend, hold harmless, and reimburse us, our employees, agents, officers, directors, independent contractors, and our respective successors and assigns from and against any and all actions, claims, liabilities, damages, or expenses, including attorney fees and expenses, arising now or in the future as a result of, or as a consequence of, your use of our services or breach by you of this Agreement. We reserve the right to elect to control the defense of any claim or suit arising from this Agreement, including any potential settlements, and you will fully cooperate with us in such defense while maintaining your obligations under this Agreement.

9) This Agreement will be governed under the laws of the State of STATE NAME, without regard to the conflicts of laws principles thereof and you consent to the exclusive jurisdiction and venue of courts in COUNTY NAME County, STATE NAME in all disputes arising out of or relating to your use of COMPANY NAME's services. If you choose to bring a claim under this Agreement, you must bring such claim within one year after such claim arises. If any part of this Agreement is determined to be contrary to law and unenforceable by any court of law, the remaining provisions shall be severable and enforceable in accordance with their terms. We are a Delaware corporation organized under the name "COMPANY NAME" We may amend this Agreement at any time by posting the amendments on our web site.

10) You acknowledge and agree that you have read the legal notices appearing on our web site and agree to be bound by them.

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