By creating an account and/or using PensionAppraisalDesk ("the software and service") you agree to, and acknowledge that you understand, the Terms and Conditions of Use set forth below.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE AND DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, DO NOT USE PENSIONAPPRAISALDESK. BY USING PENSIONAPPRAISALDESK YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE, ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND PENSION APPRAISERS ONLINE, INC.. PLEASE NOTE THAT THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND CLASS ACTION WAIVER AS SET FORTH BELOW.
Refunds
By using PensionAppraisalDesk™ you are purchasing a software and service, therefore refunds are addressed on a case-by-case basis by our Refund Department.
Disclaimer of Representations and Liability
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
You agree and understand that the software and sevice is in reliance upon the criteria (data) you provide; therefore, we cannot make any warranties in regard to the accuracy of said information. You are responsible for reviewing the accuracy of the inputted criteria (data), and understanding the legal intentions, ramifications, and repercussions of utilizing the pension valuation report.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PENSION APPRAISERS ONLINE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PENSION APPRAISERS ONLINE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE INFORMATIONAL CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INFORMATIONAL CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE INFORMATIONAL CONTENT.
Dispute Resolution By Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Department at 1-877-770-2270.
If you have a dispute with Pension Appraisers Online, Inc. regarding the PensionAppraisalDesk software and service, and you are unable to resolve the dispute informally, you and Pension Appraisers Online, Inc. agree that upon demand by either you or Pension Appraisers Online, Inc. the dispute will be resolved through binding arbitration. A "dispute" is any unresolved disagreement between you and Pension Appraisers Online, Inc. regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and Pension Appraisers Online, Inc..
YOU AND PENSION APPRAISERS ONLINE, INC. AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A COURT. You and Pension Appraisers Online, Inc.. agree that each may bring claims against the other only in an individual capacity, and that neither you nor Pension Appraisers Online, Inc. shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable; however, this issue shall be properly delegated to the arbitrator as set forth below, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and Pension Appraisers Online, Inc.. agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to Pension Appraisers Online, Inc. or the PensionAppraisalDesk software and service, this arbitration provision shall be controlling.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the "AAA") according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the "AAA Rules"). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Pension Appraisers Online, Inc., 1600 Lehigh Parkway East, Ste. 1K, Allentown, PA 18103. If Pension Appraisers Online, Inc. demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that Pension Appraisers Online, Inc. has for you in its records. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and Pension Appraisers Online, Inc. agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and Pension Appraisers Online, Inc..
Privacy
Pension Appraisers Online, Inc. will not sell, rent or lease your personally identifiable information. We respect your privacy. 3 Step Solutions, LLC does reserve the right to provide relevant account information to resolve fraudulent, unauthorized, or charge disputes associated credit card companies and/or our credit card processors as well as any legal related matters.
Pension Appraisers Online, Inc. reserves the right to contact you, without prior consent, using your phone number and/or e-mail address provided during the Preliminary Questionnaire process and/or the Account Creation process. With respect to your privacy, this phone and/or e-mail contact is limited to provide a normal customer and merchant relationship. For more information regarding your privacy, please read our Privacy Statement located at: https://www.pensionappraisaldesk.com/pension/Privacy-Statement-11.shtml which is incorporated into these Terms and Conditions of use.
Entire Agreement
These Terms constitute the entire agreement between you and Pension Appraisers Online, Inc. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Governing Laws
PensionAppraisalDesk exists solely within the Lehigh County in the State of Pennsylvania. You agree that regardless of where you reside or where your browser is physically located, your viewing of PensionAppraisalDesk occurs solely within Lehigh County in the State of Pennsylvania and that all content, software and services shall be deemed to be served from and performed wholly within, Lehigh County, Pennsylvania, as if you had physically traveled there to obtain such service.
These Terms and Conditions of Use will be governed and interpreted pursuant to the internal laws of the Commonwealth of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and Pension Appraisers Online, Inc. arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof to the extent an arbitrator does not have jurisdiction. You agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in Lehigh County, Pennsylvania and federal courts in the Eastern District of Pennsylvania to the extent an arbitrator does not have appropriate venue.
Waiver, Severability and Assignment
Pension Appraisers Online, Inc. failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unlawful, void or unenforceable, then that provision shall be deemed modified or limited only to the extent necessary to bring it within a legal requirement or will be severable from the Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. You may not assign any of your rights under these Terms, and any such attempt will be void. Pension Appraisers Online, Inc.. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version with in your account. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the software and service after the revisions come into effect, you agree to be bound by the revised Terms.
If you have any questions or concerns, please contact us at any time.
