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Terms of Service

Last Revised: November 11, 2024 


NOTICE: BY CREATING AN ACCOUNT OR BY UTILIZING EXPRESS EVALUATIONS YOU AGREE TO BE BOUND  BY THESE TERMS AND CONDITIONS. 


This Terms of Use Agreement (“Terms”, or “Agreement”) governs your use of the Express Evaluations,  Inc. (“Express Evaluations,” “Company,” “we,” “our,” or “us”) product, websites, and other services  (collectively, the “Services”). By using the Services, you agree, without limitation or qualification, to be  bound by the Terms and our Privacy Policy. If you do not agree, do not use the Services. 
Express Evaluations may revise the Terms at any time. Your continued use of the Services means you  accept all such revisions, and you agree to comply with all applicable laws and regulations. The materials  provided on the Services are protected by law, including, but not limited to, United States copyright and  trademark laws and international treaties. 


The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals accessing the  Services for any reason. If the Services are being used on behalf of an entity by an individual authorized  to agree to such terms on behalf of such entity, then “you” includes you and such entity. If you are  accessing the Services on behalf of an entity, you represent and warrant that (a) you are an authorized  representative of the entity with the authority to bind the entity to the Terms, and (b) you agree to the  Terms on that entity’s behalf. 


PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH  AFFECT HOW DISPUTES WITH EXPRESS EVALUATIONS ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU  AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 13). PLEASE READ IT CAREFULLY. 


1. BUSINESS SERVICES AGREEMENT 
These Terms, along with our Privacy Policy, are incorporated into and are part of the Business Services  Agreement. If you or the entity you represent have subscribed to a Subscription Plan (as defined in the  Business Services Agreement), then you have duties and obligations under the Business Services  Agreement and are bound by the terms and conditions of that agreement. If there are any conflicts 
between the Terms and the Business Services Agreement, the Business Services Agreement shall  control. 


2. OUR SERVICES 
The information provided when using the Services is not intended tor distribution to or use by any  person or entity in any jurisdiction or country where such distribution or use would be contrary to law or  regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Services from other locations do so on their own  Initiative and are solely responsible for compliance with local laws, if and to the extent local laws are  applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance  Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc),  so if your interactions would be subjected to such laws, you may not use the Services. You may not use  the Services in a way that would violate the Gramm-Leach-aIiIey Act (GLBA). 


3. ACCESS 
When you receive an invite-link, record view link, or other means of authorizing you to create an  account or otherwise access the Services, you will be deemed a “User” of the Services. The access links  and credentials you receive are for your personal use only, and you are not authorized to, and you agree  not to, share any links and/or access credentials you receive with any other persons. Your access to the  Services may be via invitation from a third-party, such as a customer of Express Evaluations, in which  case your permissions and access may be governed by other terms and conditions, including terms and  conditions imposed by the person or entity that granted you access to the Services. In cases where your  access to the Services was granted by a person or entity other than Express Evaluations, you agree that  we may provide such person or entity with the ability to limit or restrict your access to the Services,  including the User Content (as defined below in Section 4) you submit. You are responsible for  maintaining the confidentiality of any access data and credentials, including your password, for your  account, and you understand and agree that you are fully responsible for all activities that occur under  your account. 
By using the Services, you represent and warrant that you are at least 18 years of age, and you agree to  immediately notify Express Evaluations of any known or suspected unauthorized use of your account or  any other breach of security. Express Evaluations is not liable for any loss or damage arising from acts or omissions by you in connection with your account and/or your failure to comply with this section. You  agree to: (a) provide true, accurate, current and complete information about yourself as prompted by  the Services’ registration form, when applicable, and (b) maintain and promptly update your  information to keep it true, accurate, current and complete.


4. LICENSE, RESTRICTIONS, AND RELATIONSHIP 
Subject to the limitations and conditions provided in the Terms, Express Evaluations hereby grants you a  revocable, non-transferable, non-exclusive, limited right to access the Services solely for your internal  business purposes. 
You may not, and agree that you will not: 

  • sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, or otherwise  permit any third party not authorized by the Terms or by Company, in writing, to access or use  the Services; 

  • translate, modify, or develop any derivative works based on the Services; 

  • decipher, disassemble, reverse assemble, reverse engineer, decompile, or otherwise attempt to  derive source code, specifications, architecture, structure, or any other components or elements  of the Services; 

  • use the Services to send or store material containing viruses or other harmful computer code,  scripts, agents, files, or programs; 

  • utilize or access the Services in any way, in whole or in part, to build a competitive product or  service; 

  • disrupt, delay, or otherwise interfere with the integrity or performance of the Services, the  Company’s ability to maintain and deploy the Services, or data stored within the Services; 

  • use the Services to provide processing services to third parties, without written authorization by  Company; 

  • collect or disclose performance, capacity, or benchmark statistics on the Services or other  Services; 

  • systematically retrieve data or other User Content (as defined below) from the Services to  create or compile, directly or indirectly, a collection, compilation, database, or directory without  written permission from us; 

  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account  information such as user passwords; 

  • circumvent, disable, or otherwise interfere with security-related features of the Services,  including features that prevent or restrict the use or copying of any User Content or enforce  limitations on the use of the Services and/or the User Content contained therein; 

  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; 

  • use any information obtained from the Services in order to harass, abuse, or harm another  person;

  • make improper use of our support services or submit false reports of abuse or misconduct; • use the Services in a manner inconsistent with any applicable laws or regulations; • engage in unauthorized framing of or linking to the Services; 

  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other  material, including excessive use of capital letters and spamming (continuous posting of  repetitive text), that interferes with any party's uninterrupted use and enjoyment oft the  Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,  operation, or maintenance of the Services; 

  • engage in any automated use of the system, such as using scripts to send comments or  messages, or using any data mining, robots, or similar data gathering and extraction tools; 

  • delete the copyright or other proprietary rights notice from any User Content; • attempt to Impersonate another user or person or use the username of another user; 

  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or  active information collection or transmission mechanism, including without limitation, clear  graphics interchange formats ("gifs"), 1 xl pixels, web bugs, cookies, or other similar devices  (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"); 

  • interfere with, disrupt, or create an undue burden on the Services or the networks or services  connected to the Services; 

  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any  portion of the Services to you; 

  • attempt to bypass any measures of the Services designed to prevent or restrict access to the  Services, or any portion of the Services; 

  • copy or adapt the Services' software, including but not limited to Flash, PHR HTML, JavaScript, or  other code; 

  • except as may be the result of standard search engine or internet browser usage, use, launch,  develop, or distribute any automated system, including without limitation, any spider, robot,  cheat utility, scraper, or offline reader that accesses the Services, or use or launch any  unauthorized script or other software; 

  • use a buying agent or purchasing agent to make purchases on the Services; 

  • make any unauthorized use of the Services, including collecting usernames and/or email  addresses of users by electronic or other means for the purpose of sending unsolicited email, or  creating user accounts by automated means or under false pretenses; 

  • use the Services as part of any effort to compete with us or otherwise use the Services for any  revenue-generating endeavor or commercial enterprise; 

  • attempt to gain unauthorized access to the Services or related systems;

  • violate Company’s intellectual property rights or in any way disrupt or impede Company’s ability  to protect, assert, or defend its intellectual property rights; or 

  • otherwise use the Services except as permitted by the Terms. â€‹

​

You understand and agree that no agency, partnership, employee-employer, franchiser-franchisee, or  joint venture relationship is intended or created between you and Express Evaluations by the Terms. 


5. USER CONTENT 
Express Evaluations does not claim ownership over any content, materials or information you and other  users submit on or through the Services (“User Content”). You are the owner of, and are responsible for,  your User Content. By uploading any User Content to the Services, however, you grant us a perpetual,  irrevocable, royalty-free, worldwide, transferable, sublicensable, and nonexclusive license to access,  distribute, store, store, reproduce, transmit, display, modify and adapt and create derivative works in  any fashion from, and otherwise use, your User Content. To the extent you choose to share any of your  User Content with other users of the Services, you agree to allow these users to view, use, publish,  display, modify or include a copy of your User Content as part of their own use of the Services and, to  the extent applicable, collaborate with you and your User Content. 


You understand that all User Content is the sole responsibility of the person from which such User  Content originated. You also understand and agree that Express Evaluations does not control and has no  duty to validate, and does not guarantee in any way, the User Content posted via the Services. By  posting or submitting your User Consent through the Services, you represent and warrant that you have,  or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant  the rights granted herein for your User Content. 


You agree that you will not: 

  • upload, create, or otherwise make available any User Content that is unlawful, harmful or  abusive, vulgar, invasive of another’s privacy or discloses their identity or contact information  (without the written consent of the owner of that information), hateful or racist, or otherwise  objectionable (as determined by us); 

  • upload, create, or otherwise make available any User Content that is (i) patient, medical or other  protected health information regulated by the Health Insurance Portability and Accountability  Act of 1996; (ii) used to identify a specific individual and is sensitive in nature, such as social  security numbers, driver’s license numbers or other government ID numbers; (iii) other personal  information subject to regulation or protection under specific laws such as the Gramm-Leach Bliley Act (or related rules or regulations); (iv) financial information, such as credit, debit or  other payment card data subject to PCI DSS; (v) personal data enumerated in Regulation  2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of  such data; or (vi) any data similar to the foregoing that is protected or otherwise regulated  under foreign or domestic laws or regulations; 

  • engage in any manipulation of data or fields, or any other behavior intended to disguise the  origin of any User Content; 

  • upload or create any content that you do not have the necessary rights and/or permissions to  use and to authorize us, the Services, and other users of the Services to use in any manner  contemplated by the Services and/or these Terms; 

  • upload or create any content that is false, inaccurate, or misleading; 

  • upload or create in the Services any User Content that you do not have a right to upload or  create, including any User Content that infringes in any way the intellectual property rights,  rights of privacy, or proprietary rights of any party; or 

  • upload or create any User Content that is considered “spam” by nature or type.

 

6. TERMINATION OF LICENSE AND YOUR ACCOUNT 
If you breach any provision of the Terms, all access, privileges, and rights granted by Express Evaluations  will terminate automatically. Additionally, if the Business Services Agreement that provides for your  access to and use of the Services terminates, then your access to the Services will similarly terminate.  Express Evaluations may suspend, disable, or delete your account and/or the Services (or any part of the  foregoing) with or without notice, for any or no reason. If you breach the Terms, or are suspected by  Express Evaluations to have breached the Terms, you will not be permitted to, and you agree not to,  access or re-register the Services, including under a different name or email address. If we delete your  account for any reason, Express Evaluations may, but is not obligated to, delete any or all of your User  Content. Express Evaluations shall not be responsible for the deletion of, or the failure to delete, your  User Content. All sections which by their nature should survive the termination of the Terms shall  continue in full force and effect subsequent to and notwithstanding any termination of the Terms by  Express Evaluations or you. Termination of your account will not limit any of Express Evaluations’s other  rights or remedies at law or in equity. 


7. PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS 
Express Evaluations and/or its licensors, as applicable, retain ownership of all rights in the Services. If  you choose to provide us with any feedback, comments and suggestions for improvements to the  Services (“Feedback”), you agree that any such Feedback becomes the sole and exclusive property of  Express Evaluations. If you choose to provide Feedback, you understand and agree that you do not and  will not receive or be entitled to any right, title or interest in the Services or in any Feedback that you 
provide. We may use the Feedback you provide in any manner and for any purpose, in our sole  discretion, and you will not be notified or receive any compensation. You hereby assign to Express  Evaluations any and all right, title and interest that you may have in and to any and all Feedback. 


8. THIRD PARTY MATERIALS 
The Services may display, include, or make available content, links, information, applications, products,  services, websites, or other materials of and/or from third parties (“Third Party Materials”). You  understand and agree that Express Evaluations is not responsible for examining or evaluating any aspect  of such Third Party Materials. You further understand and agree that we do not warrant or endorse, and  we will not have any liability or responsibility to you or any other person for, any Third Party Materials.  Any complaints you may have in connection with any Third Party Materials or third-party website should  be directed to such third party directly. 


9. DIGITAL MILLENNIUM COPYRIGHT ACT 
Express Evaluations adopted the following policy towards copyright infringement in accordance with the  Digital Millennium Copyright Act (the “DMCA”). 


If You believe that any materials or works uploaded, downloaded or appearing on the Services have  been copied in a way that infringes upon your intellectual property rights, please submit a notification  alleging such infringement (“DMCA Takedown Notice”) including the following: 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an  exclusive right that is allegedly infringed; 

  • identification of the copyrighted work claimed to have been infringed, or, if multiple  copyrighted works at a single online site are covered by a single notification, a representative list  of such works; 

  • identification of the material claimed to be infringing or to be the subject of infringing activity  and that is to be removed or access disabled and information reasonably sufficient to permit the  service provider to locate the material; 

  • information reasonably sufficient to permit the service provider to contact you, such as an  address, telephone number, and, if available, an electronic mail; 

  • a statement that you have a good faith belief that use of the material in the manner complained  of is not authorized by the copyright owner, its agent, or the law; and

  • a statement that, under penalty of perjury, the information in the notification is accurate and  you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


Any DMCA Takedown Notices should be sent to info@expressevaluations.com, by phone to 385-501- 6200 or via mail to the following address: Express Evaluations, Inc, PO Box 580, Mona, Utah 84645.  Express Evaluations will terminate access of repeat infringers. 


10. INDEMNITY BY YOU 
You agree to indemnify Express Evaluations if a claim is made against Express Evaluations due to your  actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold  harmless Express Evaluations, our affiliates, and their and our respective officers, directors, agents, and  employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities,  and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or  use of our Services, your User Content, your conduct toward other users, your negligence or willful  misconduct, or your breach of the Terms. 


11. LIMITATION OF LIABILITY 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXPRESS EVALUATIONS,  ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT,  CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT  LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, BUSINESS  INTERRUPTION, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING  FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) THE  PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN  TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF  EXPRESS EVALUATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (c) THE CONDUCT  OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE  SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF  EXPRESS EVALUATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXPRESS  EVALUATIONS’S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS  ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE LIMITED TO FIVE HUNDRED  DOLLARS ($500). THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL  APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL  PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN  DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY  TO YOU.


12. DISCLAIMER 
THE PLATFORM AND ALL OTHER SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT  WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY  WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, SECURITY OR CONTENT OF THE PLATFORM OR OTHER SERVICES, OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, EXPRESS EVALUATIONS DOES NOT  WARRANT THAT THE SERVICES WILL BE FREE OF ERROR, VIRUSES OR OTHER MALICIOUS CODE, WILL BE  UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL OPERATE IN  COMBINATION WITH CUSTOMER’S CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE,  SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY EXPRESS EVALUATIONS. ANY MATERIAL  DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR  OWN DISCRETION AND RISK. EXPRESS EVALUATIONS 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, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR  TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER  MALFUNCTION. 


YOU UNDERSTAND AND AGREE THAT EXPRESS EVALUATIONS MAY, AT ANY TIME AND IN ITS SOLE  DISCRETION, MODIFY OR DISCONTINUE, PERMANENTLY OR TEMPORARILY, ANY PART OF OR ALL OF THE  SERVICES WITH OR WITHOUT NOTICE, AND THAT EXPRESS EVALUATIONS SHALL NOT BE LIABLE TO YOU  OR TO ANY OTHER PARTY FOR TAKING SUCH ACTION. 


You acknowledge that use of or connection to the Internet provides the opportunity for unauthorized  third parties to circumvent security precautions and illegally gain access to the Services and User  Content. Accordingly, Express Evaluations cannot and does not guarantee the privacy, security or  authenticity of any information so transmitted over or stored in any system connected to the internet. 


13. DISPUTE RESOLUTION - BINDING ARBITRATION 
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim  related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us  (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any  Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating  arbitration. Such informal negotiations commence upon written notice from one Party to the other  Party.
Binding Arbitration. If you and Express Evaluations are unable to resolve a Dispute through informal  negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively  resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE  THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and  conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,  where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ("AAA  Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer  Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the  arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be  conducted in person, through the submission of documents, by phone, or online. The arbitrator will  make a decision in writing, but need not provide a statement of reasons unless requested by either  Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails  to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration  will take place in Utah. Except as otherwise provided herein, the Parties may litigate in court to compel  arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on  the award entered by the arbitrator. 


If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced  or prosecuted in the state and federal courts located in Utah, and the Parties hereby consent to, and  waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and  jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts  for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are  excluded from these Terms. 


In no event shall any Dispute brought by either Party related in any way to the Services be commenced  more than one year after the cause of action arose. It this provision is found to be illegal or  unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this  provision found to be illegal or unenforceable and such Dispute shall be decided by a court of  competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to  the personal Jurisdiction of that court. 
Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties  individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other  proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to  utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a  purported representative capacity on behalf of the general public or any other persons. 


Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are  not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property  rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of  privacy, or unauthorized use; and (c) any claim for injunctive relief. It this provision is found to be illegal  or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this  provision found to be illegal or unenforceable and such Dispute shall be decided by a court of  competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to  the personal jurisdiction of that court. 


14. CLASS-ACTION WAIVER AND JURY WAIVER 
By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU  GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and the Company.  YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your  rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall  determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before  the arbitrator. The arbitrator can grant any relief that a court can, but you understand that arbitration  proceedings are different from trials and other judicial proceedings, and that decisions by the arbitrator  are enforceable in court and may be overturned by a court only for very limited reasons. 


15. GOVERNING LAW, STATUTE OF LIMITATIONS, AND RELIEF 
Utah law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).  Except where this arbitration agreement is prohibited by law, the laws of the State of Utah, excluding  Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to the Terms or the  Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 12 above shall be  governed by the Federal Arbitration Act. 


You agree that, notwithstanding any statute, law, or regulation to the contrary, any claim or cause of  action arising out of or related to the Services or the Terms must be filed within one year after such  claim or cause of action arose or be forever barred. 
You acknowledge that your violation of the Terms will cause irreparable injury to Express Evaluations  and that Express Evaluations will therefore be entitled, but not required, to seek equitable relief without  posting bond or other security in addition to any remedies it may have hereunder or at law.


16. VENUE 
Any claims that are not submitted to arbitration for any reason must be litigated in Utah (except where  prohibited by law). All claims arising out of or relating to the Terms, to the Services, or to your  relationship with Company that for whatever reason are not submitted to arbitration will be litigated  exclusively in the federal or state courts of Utah, U.S.A. You and Company consent to the exercise of  personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an  inconvenient forum. 


17. SEVERABILITY 
In the event one or more of the provisions of this Agreement is held to be invalid or otherwise  unenforceable by a court of competent jurisdiction for the matter in question, the enforceability of the  remaining provisions shall be unimpaired. 


18. WAIVER 
The failure of either party at any time to enforce any right or remedy available to it under the Terms  with respect to any breach or failure by the other party shall not be construed to be a waiver of such  right or remedy with respect to any other breach or failure by the other party. 


19. COMPLAINTS 
If you have any complaint regarding the Services, you may contact us at the address or email provided  below. If you are a resident of the State of California, you may, in accordance with Cal. Civ. Code §  1789.3, report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the  California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd.,  Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. 


20. EXPORT RESTRICTIONS 
The Services, or portion thereof, may be subject to Export Administration Regulations or other export  control laws. You therefore agree that you will not export, transfer, or disclose in any way, any portion  of the Services, directly or indirectly, in violation of applicable export laws or regulations.


21. ACCEPTANCE OF TERMS; AMENDMENTS 
By using the Services, you accept the Terms and agree to be bound by: 
(a) the Terms, which we may amend from time to time; 
(b) our Privacy Policy; and 
(c) the Business Services Agreement, if applicable. 
If you do not accept and agree to be bound by all of the terms of this Agreement, do not use our  Services. The section headings and summaries contained herein are inserted for convenience only and  shall not be considered in interpreting any term or provision hereof. All pronouns and any variations  thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of  the entities or persons referred to any require. 
Note that Express Evaluations may update and modify the Terms at any time by posting modified terms  on its website and revising the date at the top of the Terms. It is your responsibility to review the Terms  from time to time to view any such changes. The updated Terms will be effective as of the time of  posting, and you agree that your continued access or use of the Services after the modifications have  become effective will be deemed your acceptance of the modified Terms. 


22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 
Visiting or using the Services, sending us emails, and completing online forms constitute electronic  communications. You consent to receive electronic communications, and you agree that all agreements,  notices, disclosures, and other communications we provide to you electronically, via email and on the  services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO  THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO  ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR  COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any  statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original  signature or delivery or retention of non-electronic records, or to payments or the granting of credits by  any means other than electronic means.


23. ENTIRE AGREEMENT 
This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy  Policy, and Business Services Agreement when applicable, contain the entire agreement between you  and Express Evaluations regarding the use of our Services. These Terms supersede all previous  agreements, representations, and arrangements between us, written or oral. If any provision of the  Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in  full force and effect. The failure of the Company to exercise or enforce any right or provision of the  Terms shall not constitute a waiver of such right or provision. You agree that your Express Evaluations  account and access to the Services are non-transferable and all of your rights to your account, its  content, and any other access link or permissions terminate upon your death, unless otherwise provided  by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may  be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special  relationship or employment is created as a result of the Terms, and you may not make any  representations on behalf of or bind Express Evaluations in any manner. 


24. HEADINGS 
The section headings contained in the Terms are inserted for convenience only and shall not affect in  any way the meaning or interpretation of the Terms. 


25. HOW TO CONTACT US 
You may contact us regarding the Services or the Terms at: info@expressevaluations.com, by phone to  385-501-6200 or via mail at Express Evaluations, Inc, PO Box 234, West Jordan, Utah 84084.

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