Terms & Conditions

• "User," "you," or "your" means any individual or entity that accesses or uses the Service.
• "Appraiser" means a User who registers to offer appraisal services through the Service.
• "Client" means a User who engages or seeks to engage Appraisers through the Service.
• "Referral Partner" means a User approved by the Company to participate in the Referral Partner Program.
• "Service" means the BANKS TECHNOLOGIES website, platform, and all related products, applications, features, content, and services made available by the Company (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement, regardless of whether you create an account or purchase a subscription.

Please read the Terms carefully before you start to use the Service. Acceptance of these Terms is indicated electronically by checking the acceptance box presented on the Platform. By checking the acceptance box, or by otherwise accessing or using the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy found at homevault.com/privacy, incorporated herein by reference. When you check the acceptance box, the Platform will record your name and the date and time of your acceptance, and that record shall constitute your electronic signature to these Terms. If you do not agree to these Terms or the Privacy Policy, you must not check the acceptance box and must not access or use the Service.

Banks facilitates introductions between Appraisers and Clients and processes payments through its dashboard. Banks is not a party to any engagement between an Appraiser and a Client, is not the employer or principal of any Appraiser, and assumes no responsibility for the appraisal services performed, the contents of any appraisal report, or any dispute arising between an Appraiser and a Client in connection with an engagement. The engagement letter provided through the Banks is a courtesy resource only. Banks expressly disclaims any liability arising out of disputes between Appraisers and Clients related to the engagement letter or the underlying contract between them.

• 1. You are an individual (not a business entity) at least 18 years old;
• 2. You are legally qualified to enter a binding contract;
• 3. You are not prohibited by law from using the Service;
• 4. You will maintain only one account with the Company; and
• 5. You have not previously been removed from the Service.

If at any time you cease to meet all of these requirements, all access to the Service is automatically revoked, and you must immediately delete your account. Banks retains the right to remove your access to the Service without warning in our sole discretion. By using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements.

• (a) any separately executed written agreement between Banks and the applicable User, solely with respect to matters expressly addressed in that agreement;
• (b) the Appraiser Addendum, solely with respect to appraiser-specific requirements, obligations, and rights arising from participation as an appraiser on the Platform;
• (c) the Referral Partner Addendum, solely with respect to referral partner-specific requirements, obligations, and rights arising from participation as a referral partner on the Platform; and
• (d) these General Terms & Conditions.

Notwithstanding the foregoing, any Independent Contractor Agreement between Banks and an Appraiser shall control with respect to the independent contractor relationship, classification, compensation terms expressly stated therein, and other contractor-specific obligations. The Platform Terms and applicable Addenda shall control with respect to use of the Platform and platform-related obligations.

You must treat your account credentials and login information as confidential and must not disclose them to any other person or entity. Your account is personal to you, and you agree not to permit any other person to access or use the Service through your account, username, password, or other security information. You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account, except to the extent caused by Banks' breach of its obligations under these Terms. You agree to notify us immediately of any unauthorized access to or use of your account, username, password, or other security information, or any other actual or suspected breach of security. You must log out of your account at the end of each session and should exercise caution when accessing your account from any public or shared computer or device to prevent unauthorized access to your account or disclosure of your personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.

Your electronic signature on any agreement, and your acceptance of any electronic record delivered through the Service, has the same legal effect, validity, and enforceability as if you had signed a paper copy of such document or record. You agree not to contest the validity or enforceability of any electronic record or signature under applicable law solely because it was conducted, delivered, or retained electronically.

To access and retain electronic records, you must have a device with internet access, a current web browser, and a valid email address. You are responsible for keeping your contact information current so that you may receive electronic communications from us.

You have the right to receive paper copies of any electronic record by contacting us at legal@gethomevault.com. We may charge a reasonable fee for providing paper copies.

You may withdraw your consent to receive electronic signatures, records, and communications at any time by contacting us at legal@gethomevault.com. If you withdraw your consent, we reserve the right to terminate your access to the Service.

These Terms permit you to use the Service only for its intended purpose in connection with appraisal engagements and related activities as contemplated by these Terms. You must not access or use the Service for any purpose outside the scope of its intended use, including by reproducing, distributing, modifying, creating derivative works from, publicly displaying, or otherwise exploiting any Service content, except as necessary to use the Service for its intended purpose or as expressly permitted in writing by Banks.

No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Banks. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

As between Banks and the User, the User retains ownership of User Content. Banks does not claim ownership of User Content. You grant Banks a limited, non-exclusive license to use, store, transmit, process, and otherwise use User Content solely as necessary to operate the Service, facilitate the applicable appraisal engagement, and as necessary to operate, maintain, secure, and improve the Service and facilitate requested appraisal engagements. Banks reserves the right to remove any content that violates these Terms, the Acceptable Use Policy, or applicable law.

You are solely responsible for the User Content you upload, including its legality, accuracy, and appropriateness. Banks is not responsible or liable to any third party for the content or accuracy of any User Content uploaded by you or any other user of the Service.

• Remove or refuse to post any User Content for any or no reason in its sole discretion.
• Take any action with respect to any User Content that Banks deems necessary or appropriate in its sole discretion, including if Banks believes such content violates these Terms, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Banks.
• Disclose your identity or other information about you to any third party who claims that material you have uploaded or posted violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
• Terminate or suspend your access to all or part of the Service for any or no reason, including, without limitation, any violation of these Terms.

Without limiting the foregoing, Banks will cooperate fully with any law enforcement authorities or court order requesting or directing Banks to disclose the identity or other information of anyone uploading or posting materials on or through the Service. YOU WAIVE AND HOLD HARMLESS BANKS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BANKS AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER BANKS OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Banks cannot review all material before it is uploaded or posted to the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Banks assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Banks assumes no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

• (a) identification of the copyrighted work claimed to have been infringed;
• (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Banks to locate the material;
• (c) your contact information, including your name, address, telephone number, and email address;
• (d) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or applicable law;
• (e) a statement, made under penalty of perjury, that the information contained in the notice is accurate and that you are authorized to act on behalf of the copyright owner; and
• (f) your physical or electronic signature.

Upon receipt of a valid DMCA notice, Banks may remove or restrict access to the allegedly infringing material and may notify the User who submitted the material. A User who believes content was removed as a result of mistake or misidentification may submit a counter-notification in accordance with the DMCA.

Banks may terminate accounts of Users who repeatedly infringe the intellectual property rights of others.

• In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
• To impersonate or attempt to impersonate Banks, a Banks employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Banks or users of the Service, or expose them to liability.
• In connection with any lending, financing, or credit transaction, including residential, commercial, consumer, or other lending activities. The Service is not designed or intended to support appraisal assignments ordered by, prepared for, or intended to be relied upon by any lender, mortgage broker, loan servicer, financial institution, or other party involved in originating, underwriting, refinancing, modifying, servicing, or evaluating a loan or other credit transaction. Any use of the Service for lending-related appraisal assignments is strictly prohibited.
• In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Service.
• Misrepresent your identity, age, employment (current or previous), qualifications, licensure or certification status, or any other details of your account.
• Disclose private or proprietary information that you do not have the right to disclose.
• Encourage, promote, or agree to engage in any activity that violates these Terms.
• Create a new account after we suspend or terminate your account, unless you receive our written express permission.

Users shall not use information obtained through the Platform to directly or indirectly solicit, facilitate, or complete transactions outside of the Platform in a manner intended to avoid fees owed to Banks.

If Banks determines that a User has violated this Section, Banks may pursue any available remedies, including:

• (a) liquidated damages equal to the fees Banks would have earned from the circumvented transaction, including applicable referral fees or other Platform fees. The parties acknowledge that such amount represents a reasonable estimate of Banks' anticipated damages and is not intended as a penalty;
• (b) suspension or termination of the User's account or access to the Platform; and
• (c) recovery of unpaid fees, collection costs, and reasonable attorneys' fees incurred in enforcing Banks' rights under this Section, to the extent permitted by applicable law.

Banks reserves the right to modify subscription fees upon reasonable notice to Users. Marketplace order fees and refer and earn rates remain the same under promotional pricing.

Except as expressly set forth in the applicable Membership Tier pricing, Banks does not charge Clients any additional convenience fee, processing fee, or other fee beyond the fees disclosed at the time of purchase.

All payments made through the Service are processed through Stripe, Inc. ("Stripe"), or another third-party payment processor designated by Banks. User authorizes Banks to charge User's designated payment method through such payment processor for all amounts due in connection with User's use of the Service.

Users are responsible for maintaining accurate and current payment information. If a payment is unsuccessful due to expiration, insufficient funds, declined transactions, inaccurate payment information, or any other reason, User remains responsible for all unpaid amounts and authorizes Banks to continue attempting collection through the applicable payment method.

Users may be required to create and maintain a Stripe Connected Account or provide additional information necessary to receive payments or participate in certain features of the Service. By creating, connecting, or maintaining a payment account through the Service, User acknowledges and agrees that such payments are subject to Stripe's applicable terms, policies, and requirements.

Banks may modify, replace, or change the payment processing services, payment methods, or third-party payment providers used in connection with the Service from time to time. Banks will provide notice of material changes to payment processing procedures or requirements as required by applicable law or as determined appropriate by Banks.

User authorizes Banks and Stripe to collect, verify, process, store, and use information reasonably necessary to provide payment processing services and comply with applicable legal, regulatory, and compliance obligations. Such information may include, without limitation, legal name, business information, taxpayer identification information, banking information, identity verification information, and other documentation required by Banks, Stripe, or applicable law.

Stripe may independently require additional information, documentation, verification procedures, or other actions and may impose payment holds, reserves, delays, limitations, or restrictions in accordance with its policies, applicable law, or risk management procedures. Banks does not control and is not responsible for Stripe's actions, decisions, payment processing services, delays, account restrictions, or availability of payment services.

User is responsible for providing accurate and complete tax information and promptly updating such information when necessary. User is solely responsible for determining and satisfying any tax obligations arising from amounts paid or received through the Service.

Banks does not provide tax advice and is not responsible for determining User's tax classification, tax obligations, reporting requirements, or eligibility for any particular tax treatment.

Where applicable, Stripe or Banks may calculate, collect, and remit sales tax, transaction taxes, or similar taxes imposed on purchases made through the Service. Tax treatment may vary depending on applicable law, User location, transaction type, and information provided by User.

User acknowledges that Stripe may independently collect, verify, report, or provide tax-related information in accordance with Stripe's policies and applicable law.

Banks reserves the right to review and determine whether a refund, credit, or adjustment is appropriate based on the circumstances of the request, the nature of the transaction, the status of the applicable service, and any other relevant factors. Submission of a refund request does not guarantee approval.

If a refund is approved, the refund will be processed through Stripe. Refund processing times are controlled by the payment processor and the applicable financial institution, and Banks is not responsible for delays caused by such third parties.

Users acknowledge that certain fees, charges, or purchases may be non-refundable after services have been initiated, completed, delivered, or made available. Additional refund terms may apply to specific services, transactions, or participation arrangements.

Users agree to first contact Banks regarding any billing concern, payment issue, or request for adjustment before initiating a chargeback, payment dispute, or reversal through a financial institution or payment processor. Nothing in these Terms limits any rights User may have under applicable law.

If a User initiates a chargeback, payment dispute, or reversal that Banks determines was improper, unauthorized, or inconsistent with these Terms, Banks reserves the right to provide relevant transaction records and information to the payment processor, financial institution, or other applicable party. Banks may also recover any amounts reversed, disputed, or charged back, including processing fees, administrative costs, or other related expenses, and may suspend or terminate access to the Service pending resolution.

Applicable referral commission rates, eligibility requirements, qualification criteria, and other program terms are set forth in these Terms, including the Membership Tier and Subscription Fees section, and the Referral Partner Addendum. Banks may revise, suspend, or terminate the Referral Partner program, including applicable commission rates, eligibility requirements, and program terms, from time to time in its sole discretion. Continued participation in the Referral Partner program following the posting of revised terms constitutes acceptance of such changes.

Banks does not perform appraisal services and does not independently certify, approve, or assume responsibility for any Appraiser's professional qualifications, appraisal conclusions, or work product. Appraisers agree to promptly notify Banks if their license or certification is suspended, revoked, or otherwise becomes invalid, and acknowledge that Banks reserves the right to suspend or terminate access to the Service upon learning of any such lapse. Additional requirements applicable to Appraisers, including credential verification, insurance requirements, assignment obligations, and professional responsibilities, are set forth in the Appraiser Addendum, which is incorporated into and made part of these Terms.

If an Appraiser's or Client's account is suspended or terminated while funds related to an engagement are held by Banks or its payment processor pending release, disposition of those funds will be determined as follows:

• (a) Completed engagements. If the appraisal report has been delivered and no dispute has been raised as of the date of suspension or termination, held funds will be released to the Appraiser in the ordinary course, less applicable fees, notwithstanding the suspension or termination.
• (b) Incomplete engagements. If the appraisal report has not been delivered as of the date of suspension or termination, Banks may, in its sole discretion, refund the Client, hold the funds pending appointment of a replacement Appraiser, or make such other disposition as Banks determines appropriate under the circumstances.
• (c) Disputed or flagged engagements. If a dispute, chargeback, allegation of fraud, or suspected violation of these Terms is pending at the time of suspension or termination, Banks may withhold disbursement of the related funds until the matter is resolved.

Banks' determination under this section is final and does not create any obligation to release funds on any particular timeline. Additional provisions applicable to Appraisers, including Banks' right to offset held funds against amounts owed by an Appraiser, are set forth in the Appraiser Addendum.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

BANKS TECHNOLOGIES ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES BANKS TECHNOLOGIES ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, CONDUCT, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH BANKS TECHNOLOGIES ON OR OFF THE SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. BANKS TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANKS' AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO BANKS FOR THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION, OR ANY OTHER LEGAL PROCEEDING AGAINST BANKS, OR (II) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED, WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE, IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THIS LIMITATION DOES NOT APPLY TO AMOUNTS OWED BY A USER TO BANKS UNDER THE ANTI-CIRCUMVENTION OR CHARGEBACK/PAYMENT DISPUTE PROVISIONS OF THESE TERMS, WHICH REMAIN RECOVERABLE IN FULL.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Except as expressly provided below, any dispute, claim, or controversy between you and Banks arising out of or relating to these Terms, the Service, or your use of the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. The arbitration shall take place in Cook County, Illinois, unless the Parties agree otherwise.

Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened irreparable harm, including unauthorized use, disclosure, infringement, or misuse of confidential information or intellectual property.

Any claims or disputes relating solely to Stripe or Stripe-provided payment processing services shall be governed by Stripe's applicable terms, policies, and dispute resolution procedures.

Any action permitted to be brought in court under these Terms shall be brought exclusively in the state or federal courts located in Cook County, Illinois. You consent to the jurisdiction of such courts and waive any objection to venue in such courts.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

All official notices from Banks to Users will be delivered by email to the email address associated with the User's account or through a notice posted within the Service. Notices delivered by email are deemed received upon sending. Notices posted within the Service are deemed received when posted. Users are responsible for maintaining accurate and current contact information associated with their account.

Any notices, legal communications, DMCA notices, privacy requests, feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: legal@gethomevault.com.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@gethomevault.com.