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Terms of Use
AppraisalDay.com


Appraisal Day & AppraisalDay.com offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with AppraisalDay.com, Inc. and/or use of Appraisal Day Network services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

TERMS OF USE

An online appraisal is an expert's opinion of the item(s) depicted above based solely on images and information supplied by our customer.  An online appraisal is only as good as the information provided regarding description, condition and provenance which greatly effect value.  An online appraisal is limited in that it cannot provide the same detail as an in-person appraisal.  Online appraisals should be used to see if a more expensive appraisal is required.   In all cases we advise clients to always consider a second opinion before selling an object.  All information including descriptions, appraisals and images of objects become the property of AppraisalDay.com upon submission.  In no way will AppraisalDay.com, Paul Royka or any affiliates be held liable for information provided in an online appraisal.  I will provide my opinion of a piece based upon over 25 years of selling antiques at auctions, shows and though online auctions.

Fair Market Value is the amount someone might receive when selling their item to a dealer or at auction. It is also the amount most government tax agencies recognize as the tax deductible amount were the item donated to a charitable organization.

Replacement Cost is the retail amount one might reasonably pay to purchase the item from a dealer, gallery, store, etc. It is also the amount for which one may want to insure an item.

REPRODUCTION RIGHTS

The results and proceeds of any online submissions, filming, photography and/or recording shall be deemed a “work made for hire”, as such term in defined under the copyrights laws of the United States, with Appraisal Day as the author and exclusive owner thereof.  I hereby grant Appraisal Day and its licensees the irrevocable right and license to use any materials I have provided (e.g. books, photos, video or audio tapes) on a non-exclusive basis, in any manner or medium, throughout the world, in perpetuity.  The foregoing permission and release is given for Appraisal Day’s benefit and for the benefit of each of its successors, licensees and assigns, and any persons, firms or corporations which, through Appraisal Day, shall have the right to promote, distribute and/or exhibit such taping, filming, photography and/or recording, as set forth herein.

DISCLAIMERS AND LIMITATIONS

AppraisalDay.com Inc. intends that the information contained in it's Web site be accurate and reliable; however, errors sometimes occurs. In addition, AppraisalDay.com Inc. may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." APPRAISALDAY.COM INC.
AND/OR ITS APPRAISERS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF APPRAISALDAY.COM INC.'S SERVICES IS AT YOUR OWN RISK. APPRAISALDAY.COM INC. AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF APPRAISALDAY.COM INC.'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APPRAISALDAY.COM INC. AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
As a condition of use of this Web site, you agree to indemnify AppraisalDay.com Inc. and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of AppraisalDay.com Inc.'s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

ERRORS
AND DELAYS
Appraisal Day.com Inc. is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of AppraisalDay.com Inc.'s services, to the goods or services provided by AppraisalDay.com Inc., or to any acts or omissions for which you may contend AppraisalDay.com Inc. is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Worcester County, Massachusetts. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("
AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to AppraisalDay.com Inc. In any arbitration, AppraisalDay.com Inc. will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Massachusetts. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND APPRAISALDAY.COM INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of
Massachusetts, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

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