BY CHECKING THE “I ACCEPT” BOX, I UNDERSTAND THAT I AM CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS AND FORMING A CONTRACTUAL AGREEMENT WITH FAIR TAX ASSESSMENT, INC.
DO NOT CHECK THE “I ACCEPT BOX” UNLESS YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
Purpose
As used in this Agreement, the use of the words “I’, “me”, “my” or “mine” refers to the person placing an order with Fair Tax Assessment, Inc. (“FTA”) for a taxpayer report.
Limitations On Scope Of Work
I have ordered a Tax Assessment Analysis from FTA. The purpose of the report is to have a licensed real estate agent familiar with the general area in which my home is located research sales, pending transactions, expired listings, and current listings for a minimum of 3 other real properties that have sold or been available for sale within the past 12 months which, in the sole and absolute opinion of that person, are comparable to my home. I understand because of the dynamic and ever changing nature of the residential real estate market that there may not always be 3 comparable sales that have taken place within the past 12 months. If FTA is unable to create a report including a minimum of 2 sold comparables in the last 12 months, FTA’s local representative will contact the party ordering the report and notify them of this situation. The party ordering the report will then have the option of requesting a full refund or instructing FTA to provide a report based on the best available information for the amount of the placed order.
I understand that the sales of homes selected as being comparable to mine is a subjective process as in many instances, homes are not identical to one another. Each home will have its own unique qualities.
I understand that the sales of homes selected as being comparable to mine is to provide me with property information to be used in connection with me making an initial determination whether I should, or should not, consider an appeal of the assessed value of my property for real property tax purposes.
I understand that the sales of homes selected as being comparable to mine is not being done by FTA or represented as being done by FTA to establish “fair market value” of my home for any purpose other than in connection with a potential appeal of the assessed value for my home for real property taxes.
I am not to use the report or represent the report to third parties as representing an appraisal by a licensed appraiser of the fair market value of my home for purposes of sale of my home or refinancing of my home, nor am I ordering a report for such purposes. I am having FTA rely upon this representation by me in preparing its report.
I understand that the homes selected as being comparable to mine are available by searching public records and/or other public sources of information and that FTA has no proprietary, trade secret, or other confidential sources of information in preparing the report. I understand that the person preparing the report is relying upon the accuracy of the information contained in the public record and that the person is not independently confirming the accuracy of such information nor am I expecting the person to do so.
I understand that in some circumstances, the report may be prepared by a person who may be qualified to provide an expert opinion of value in connection with a civil lawsuit proceeding, however, the report is not being prepared for this purpose and I acknowledge that the report may not be admissible in any civil lawsuit proceeding.
I understand that the assessed value of my home may have an ultimate affect on the amount of real property taxes I may owe, but it is not correlative with an increase in my real property taxes. Therefore, while the assessed value of my home may increase or decrease, such increase or decrease does not automatically result in a total increase or decrease in the amount of real property taxes I may owe.
Disclaimer
FTA disclaims that the report is an opinion of “fair market value” except for the limited purposes set forth in “Limitations On Scope Of Work”. FTA cannot guarantee the outcome of an appeal by you of the assessed value of your property for real property tax purposes.
Limitations On Liability
I agree that FTA shall not be liable or responsible for any consequential, general or punitive damages (except those punitive damages as may be provided for by specific statute) I may suffer as a result of using their report in connection with an appeal of the assessed value of my home for real property tax purposes. My damages, in the event I can establish that FTA has breached the terms of this Agreement, are exclusively limited and confined to a refund of the amount I paid for the report.
Refund Policy
I will be entitled to a full refund if I notify FTA within 24 hours of ordering the report in writing that I wish to cancel the report. Email cancellations shall constitute written notice. I do not have to provide a reason for the refund.
After 24 hours of ordering the report, I will be entitled to a refund of 80% of the total price paid for the report by notifying FTA in writing up until such time that I am contacted by telephone by the local representative of FTA preparing my report and the representative has sent me a confirming email that they have been assigned to prepare the report.
After the local representative has confirmed they will be preparing the report, I will be entitled to a refund of 50% of the cost of the report provided I notify FTA in writing that I wish to have the refund and provided that FTA has not already prepared the report.
After the report has been prepared by FTA, I will not be entitled to a refund.
Privacy Policy
Consistent with the provisions of the Internet Security and Privacy Act, the Freedom of Information Law, and the Personal Privacy Protection Law, this policy describes FTA's privacy practices regarding information collected from users of this Web site. This policy describes what information is collected and how that information is used. Because this privacy policy only applies to this Web site, you should examine the privacy policy of any Web site, that you access using this Web site.
For purposes of this policy, “personal information” means any information concerning a natural person which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person. FTA does not collect any personal information about you during your visit to this Web site unless you provide that information voluntarily; for example, by sending such information in an e-mail or by providing it in connection with an online transaction.
Information Collected Automatically When You Visit this Web site
When visiting this Web site FTA automatically collects and stores the following information about your visit:
(i) |
The Internet Protocol address and domain name used, but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer; |
(ii) |
The type of browser and operating system used; |
(iii) |
The date and time you visited this site; |
(iv) |
The Web pages or services you accessed at this site; |
(v) |
Any form, publication or document which you download; and |
(vi) |
Depending on how you access FTA’s site, FTA may also, on occasion, capture the Web site you visited prior to coming to FTA’s Web site. |
None of the foregoing information is deemed to constitute personal information.
The information that is collected automatically is used to improve this Web site's content and to help FTA understand how users are interacting with the Web site. This information is collected for statistical analysis, to determine what information is of most and least interest to our users, and to improve the utility of the material available on the Web site. The information is not collected for commercial marketing purposes and FTA is not authorized to sell or otherwise disclose the information collected from the Web site for commercial marketing purposes.
Cookies
The use of cookies is a standard practice among Internet Web sites. The FTA Web site uses cookies. Cookies are small files stored on your computer by your Web browser to provide a means of distinguishing among users of the Web site. The cookies FTA utilizes do not contain personal information and do not compromise your privacy or security.
The software and hardware you use to access the Web site allows you to refuse new cookies or delete existing cookies. Refusing or deleting cookies may limit your ability to take advantage of some features of this Web site.
Information Collected When You Send FTA an E-mail or Conduct an Online Transaction through this Web site
During your visit to this Web site you may send an e-mail to FTA. Your e-mail address and the contents of your message will be collected. Your e-mail address and the information included in your message will be used to respond to you, to address issues you identify, or to improve this Web site. Your e-mail address is not collected for commercial purposes and FTA is not authorized to sell or otherwise disclose your e-mail address for commercial purposes.
The information, including personal information, provided by you in conducting the transaction is used by FTA to operate FTA programs, which include the provision of services and information. The information collected by FTA may, to the extent permitted by law, be disclosed by FTA for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted.
FTA does not knowingly collect personal information from children or create profiles of children through this Web site. Users are cautioned, however, that the collection of personal information submitted in an e-mail will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or State law, be subject to public access. FTA strongly encourages parents and teachers to be involved in children’s Internet activities and to provide guidance whenever children are asked to provide personal information online.
Information and Choice
As noted above, FTA does not collect any personal information about you during your visit to this Web site unless you provide that information voluntarily by sending an e-mail or conducting an online transaction. While your choice not to participate in these activities may limit your ability to receive specific services through this Web site, it will not prevent you from requesting services from FTA by other means (e.g., by telephone or United States mail or similar delivery service) and will not normally have an impact on your ability to take advantage of other features of the Web site, including browsing or downloading publicly available information.
Disclosure of Information Collected Through this Web site
The collection of information through this Web site and the disclosure of that information are subject to the provisions of the Internet Security and Privacy Act. FTA will only collect personal information through this Web site or disclose personal information collected through this Web site if the user has consented to the collection or disclosure of such personal information. The voluntary disclosure of personal information to FTA by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by FTA for the purposes for which the user disclosed the information to FTA, as was reasonably ascertainable from the nature and terms of the disclosure.
However, FTA may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of FTA, or necessary for FTA to operate a program authorized by law, or authorized by state or federal statute or regulation; (2) made pursuant to a court order or by law; (3) for the purpose of validating the identity of the user; or (4) of information to be used solely for statistical purposes that is in a form that cannot be used to identify any particular person.
Further, the disclosure of information, including personal information, collected through this Web site is subject to the provisions of the Freedom of Information Law, the Personal Privacy Protection Law and the Tax Law.
FTA may disclose personal information to federal or state law enforcement authorities to enforce FTA’s rights against unauthorized access or attempted unauthorized access to FTA’s information technology assets.
Retention of Information Collected Through this Web site
In general, the Internet services logs of FTA, comprising electronic files or automated logs created to monitor access and use of FTA services provided through this Web site, are retained for at least three months. Information, including personal information, that you submit in an e-mail or when you conduct an online transaction is retained for at least 36 months.
Access to and Correction of Personal Information Collected Through this Web site
Any user may submit a request to FTA to determine whether personal information pertaining to that user has been collected through this Web site. Any such request shall be made in writing to the address below and must be accompanied by reasonable proof of identity of the user. Reasonable proof of identity may include verification of a signature, inclusion of an identifier generally known only to the user, or similar appropriate identification.
The privacy compliance officer of FTA shall, within five (5) business days after the day of the receipt of a proper request: (i) provide access to the personal information; (ii) deny access in writing, explaining the reasons therefore; or (iii) acknowledge the receipt of the request in writing, stating the approximate date when the request will be granted or denied, which date shall not be more than thirty (30) days from the date of the acknowledgment.
Confidentiality and Integrity of Personal Information Collected Through this Web site
FTA is committed to protecting personal information collected through this Web site against unauthorized access, use or disclosure. Consequently, FTA limits access to personal information collected through this Web site to only those employees or subcontractors who need access to the information in the performance of their official duties. Employees and subcontractors who have access to this information follow appropriate procedures in connection with any disclosures of personal information.
In addition, FTA has implemented procedures to safeguard the integrity of its information technology assets including, but not limited to, authentication, monitoring, auditing, and encryption. These security procedures have been integrated into the design, implementation, and day-to-day operations of this Web site as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.
For Web site security purposes and to maintain the availability of the Web site for all users, FTA employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this Web site.
Disclaimer
The information provided in this privacy policy should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via this Web site.
Miscellaneous
All of the terms herein and the rights, duties and remedies of the parties shall be governed by the laws of the State of Washington.
Neither party shall be deemed to have waived any rights under this or any other agreement unless the waiver is in writing and signed by the party who is waiving such rights. No delay by either party in exercising their rights shall be a waiver nor shall a waiver on one occasion operate as a waiver of such right on a future occasion.
In construing these terms and conditions, the singular shall include the plural, all grammatical changes shall be made and implied so that this agreement shall apply equally to individuals, corporations and partnerships, all as the circumstances may require. For any party hereto which is a corporation, this instrument has been executed by one of its officers or other person authorized to do so.
In the event either party should seek the assistance of a court of law to construe or interpret any portion of this Agreement, both parties agree that the Agreement shall not be interpreted or construed in the light most favorable or advantageous to that party simply because that party was not responsible for drafting the language in this Agreement and the portion in question. Should any portion or provision of this Agreement be held to be illegal, then that portion shall be deemed rendered null and void without necessarily rendering the remainder of the Agreement null and void if the Agreement can thereafter be read to still carry out the intention of the parties.
Venue for any action under this Agreement shall be in King County, Washington. Notwithstanding a court of competent jurisdiction ruling that venue may be had in another jurisdiction, Washington State law shall remain the choice of law to be followed in any such action.