Terms of Service | Appraisal Hawk

1. Acceptance of Terms

By accessing or using Appraisal Hawk (a consumer service of ValueSwell), including our website and appraisal ordering services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Description of Services

Appraisal Hawk lets homeowners order real estate appraisals and related valuation products, including:

Property tax appeal savings checks and appraisals
Estate, divorce, pre-listing, PMI-removal, and related appraisals
A guided phone walkthrough used as the appraiser's inspection record

Important: Appraisals ordered through the Services are performed and signed by independent, state-licensed appraisers. The appraiser's opinion of value is independent — we do not direct, and you may not condition, the value conclusion. Appraisal Hawk does not provide legal, tax, or financial advice.

3. Account Registration

To order through our Services, you must:

Be at least 18 years old
Provide accurate and complete registration and property information
Have the right to order an appraisal for the property in question
Maintain the security of your account credentials

You are responsible for all activities that occur under your account.

4. Orders, Payment, and Refunds

Pricing

Prices are shown before you commit. Savings checks and tax-appeal appraisals are paid at order time; other purposes may be invoiced once your appraiser is confirmed. Payments are processed by Stripe.

Refunds

If we cannot complete your order (for example, no licensed appraiser is available for your property), you receive a full refund. Once an appraiser has begun work, fees are non-refundable. The savings-check fee is credited toward a resulting appraisal purchase as described at checkout.

No outcome guarantee

An appraisal is professional evidence, not a guaranteed result. We do not guarantee that a tax appeal will succeed, that a servicer will remove PMI, or any other third-party decision.

5. Your Walkthrough Capture

You are responsible for capturing your walkthrough honestly and accurately. Staging, concealing defects, or misrepresenting the property may invalidate the appraisal and is a violation of these Terms. You represent that you have the right to record the spaces you capture.

6. Acceptable Use

You agree not to:

Use the Services for any unlawful purpose
Misrepresent your property, identity, or authority to order
Attempt to influence or pressure the appraiser's value conclusion
Use a report for an intended use or user other than the one it states
Interfere with or disrupt the Services or servers

7. Intellectual Property

Appraisal Hawk, ValueSwell, and their licensors own all rights to the Services. You retain ownership of the media you capture; you grant us and your assigned appraiser a license to use it to produce your appraisal and maintain the required workfile. The delivered report is licensed to you for its stated intended use.

8. Professional Standards

Signed appraisals are prepared under the Uniform Standards of Professional Appraisal Practice (USPAP) by state-licensed appraisers. Appraisers are required to retain workfiles for the period USPAP and state law demand; that retention survives account deletion. Products explicitly labeled as non-USPAP estimates (e.g., the "home value" product) are for personal use only and are not appraisals.

9. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPRAISAL HAWK AND VALUESWELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Appraisal Hawk, ValueSwell, and their officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including attorney fees) arising from your use of the Services or violation of these Terms.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination you may export your delivered reports for 30 days; appraiser workfile retention obligations survive.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Services. Continued use after changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.

16. General

These Terms constitute the entire agreement between you and Appraisal Hawk regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right.

17. Contact

Questions about these Terms? Contact us at:
Email: legal@valueswell.com
Appraisal Hawk, a ValueSwell service