Terms of Service & Disclaimer

By accessing, installing, or using the Software, or by generating, downloading, printing, or distributing any output, report, exhibit, or file produced by it (collectively, the “Output”), you (“you,” the “User”) agree to be bound by these Terms of Service & Disclaimer (the “Terms”). If you do not agree, do not use the Software or the Output.

The Software is provided solely as a computational and drafting convenience. The Output is not, and shall not be represented as: a certified, signed, or independent appraisal or valuation opinion; a fairness opinion; or legal, tax, accounting, investment, financial, audit, assurance, fiduciary, or other professional advice. The Output has not been prepared in accordance with, and does not by itself satisfy, USPAP, the AICPA Statement on Standards for Valuation Services (SSVS No. 1), IRS requirements, or any other professional, regulatory, or judicial standard unless and until an appropriately credentialed professional independently performs, reviews, signs, and takes responsibility for the work. Use of the Software creates no engagement, advisory, fiduciary, or attorney–client relationship of any kind.

You are solely responsible for: (a) the accuracy, completeness, and legality of all data, figures, dates, and assumptions you enter; (b) the selection of methods, rates, discounts, weightings, and premises; (c) verifying every calculation, citation, benchmark, and statement in the Output; and (d) the final conclusions reached and the manner in which the Output is used or communicated. The Software performs arithmetic and assembles text from the values you supply; it does not exercise professional judgment and cannot detect erroneous, incomplete, or inappropriate inputs. You should engage a qualified appraiser, attorney, and/or accountant before relying on any Output.

Any industry benchmarks, NAICS data, study references, rate sources, external links, and other third-party information provided in or by the Software are included for convenience only, may be incomplete, outdated, or inaccurate, are not endorsed or verified by us, and are subject to the terms and copyrights of their respective owners. You are responsible for independently obtaining, licensing, and verifying any such data before use.

The Software and the Output are provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty that the Software will be uninterrupted, error-free, secure, or that the Output will be correct, reliable, or suitable for any purpose.

To the maximum extent permitted by law, in no event will the Provider or its owners, officers, employees, contractors, licensors, or suppliers be liable for any decision, action, transaction, or outcome arising from or related to your use of the Software or the Output — including any business purchase or sale, financing, buy-sell or shareholder transaction, gift, estate, or other tax position or filing, litigation, regulatory matter, investment, or other reliance — all of which are undertaken at your own risk and on your own professional judgment.

We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, tax or penalty exposure, business interruption, or diminution in value, under any theory. Our total aggregate liability for all claims relating to the Software or the Output will not exceed the greater of the amount you paid us in the twelve (12) months preceding the event giving rise to the claim or one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain exclusions; in those jurisdictions our liability is limited to the smallest extent permitted by law.

You agree to defend, indemnify, and hold harmless the Provider and its owners, officers, employees, contractors, licensors, and suppliers from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Software or the Output; (b) any Output you prepare, sign, deliver, publish, or rely upon; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party.

You are solely responsible for complying with all laws, licensing requirements, and professional standards applicable to your use of the Software and the Output, including any credentialing, USPAP, SSVS, IRS, or court requirements. You will not represent the Output as a certified or independent appraisal unless such an appraisal is separately and independently prepared, reviewed, and signed by a qualified professional who assumes responsibility for it.

We handle your data as described in our Privacy & Security page. You remain responsible for the security, confidentiality, retention, and backup of your own data and files. Except as stated in that page, we do not warrant that data entered into, stored by, or exported from the Software will be preserved, private, or secure.

The Software and its design, code, and content are owned by the Provider or its licensors and are protected by applicable law. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Software for your internal business purposes. You may not copy, modify, distribute, sublicense, sell, reverse engineer, or create derivative works of the Software except as expressly permitted by law or in writing by us. Output you generate from your own data remains yours, subject to these Terms and to any third-party rights in underlying data.

We may modify, suspend, or discontinue the Software or any feature at any time without notice or liability. We may revise these Terms from time to time; your continued use after a revision constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of [GOVERNING STATE], without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms, the Software, or the Output will be brought exclusively in the state or federal courts located in [GOVERNING STATE/COUNTY], and you consent to the personal jurisdiction of those courts. Any claim must be brought within one (1) year after it arises, or it is permanently barred to the extent permitted by law.

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms constitute the entire agreement between you and the Provider regarding the Software and supersede all prior understandings.

By using the Software or any Output, you acknowledge that you have read and understood these Terms, that the Output is not a substitute for independent professional judgment, and that you assume full responsibility for any decision made in reliance on it.