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INSPECTION DEPOT, INC.TERMS AND CONDITIONS OF USE
This Agreement describes the terms and conditions applicable to your use of ourservices available under the domain of www.inspectiondepot.com. If you donot agree to be bound by the terms and conditions of these Terms of Use, do notuse or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Use and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Inspection Depot Application, www.paperlessinspectors.com. We strongly recommend that, as you read this Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Inspection Depot Application user.
We may amend this Terms of Use at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. In addition, we will notify you via email. This Agreement may not be otherwise amended except in a writing signed by you and Inspection Depot Inc. This Agreement is effective on March 31st 2008.
Membership eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended Inspection Depot users. If you do not qualify, please do not use our services. Further, your Inspection Depot User account and username may not be transferred or sold to another party. If you become a Inspection Depot Application user representing an inspection company/entity, you represent that you have the authority to bind the entity to this Agreement. Inspection Depot considers the appearance, content, and operation of this service as trade secrets. Membership is not available to persons or companies seeking that information to create or modify products or services in competition with Inspection Depot.
Fees and services
Signing up on the Inspection Depot Application requires an initial application fee and annual fee. We do charge licensing fees and quality assurance fees as required. When you purchase reports you have an opportunity to review and accept the fees that you will be charged based on our agreed prices. Reports purchased through subscription plans expire at the end of the month that they were purchased. We reserve the right to change our fees at any time. Changes to fees are effective after we provide you with at least fourteen (14) days' notice of the changes by email, by posting a notice for the change on the Inspection Depot Application, and posting the changes on this Terms of Use page.
However, we may choose to temporarily change fees for our services for promotional events (for example, providing you with additional free reports) and such changes are effective when we email you or when we post the temporary promotional event on the Inspection Depot home page. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes. As of May 1st , if a check is returned for any reason (insufficient funds, etc.), a $35 charge will apply.
Accounts and credits
Inspection Companies with multiple inspectors should only register one, single company account, but may then create multiple user accounts for that company. Individuals, and different inspectors within a company, are strongly discouraged from attempting to register multiple company accounts. Any such additional accounts may not be activated.
Account termination
Inspection Depot will determine when accounts are deemed abandoned and may terminate those accounts. Abandonment is considered when:
1. A new account has not been logged into within thirty (30) days of registration/creation, or
2. No activity has occurred with an account with no published reports for more than two (2) months, or
3. No activity has occurred with an account with published reports for more than four (4) months.
No notice will be given when terminating abandoned accounts.
You may end your relationship with Inspection Depot at any time. You may request a refund of any unused credit balance in your account. This only applies to excess money paid to Inspection Depot. Credits for free reports granted for whatever reason, and payment for other services are non-refundable. All refunds will be made by company check and mailed to the address listed with us for your company.
Billing schedule
Inspection Depot bills companies for fees owed on a monthly basis. Bills are sent via the Internet in e-mail on the 1st of each month. Fees for each invoice are due by midnight on the 21st of the month that the invoice was sent. Inspection Depot charges a late fee of 10% of overdue balances or a minimum late fee of $5, whichever is greater, for amounts received after the due date. Due dates for fees are as follows:
Payments to Inspection Depot may be made electronically through such services as PayPal (www.paypal.com) using Inspection Depot's payments@Inspection Depot.com email address. Such payments will only be applied to your account if they're "completed". "Pending" payments will not be applied. If an electronic payment is made prior to the due date, and the payment is reversed after the due date, a late fee will be applied. Reversing an electronic payment may cause your account to be suspended.
Appropriate Use
The Inspection Depot application, www.paperlessinspectors.com is intended as a report publishing service. As such, disemination of information produced on Inspection Depot by you is limited to those pages produced as a result of publication. Using the service to produce information (e.g. reports) that are copied to other media to avoid publication charges is prohibited and will result in the termination of service and removal of past reports from our system.
Inspection Depot is not intended as a method for obtaining a free web page without utilizing the report publishing service. Accounts with user activity, but no discernable intent to use the publication services may be terminated.
Duration of report availability
Published reports are available for viewing, revising and republishing for 120 days, after which they expire automatically or be archived. Expired reports are moved from our web servers to our archives to conserve disc space. We strongly encourage inspectors to download their reports to their own computers for backup purposes. This is easily done in most web browsers by choosing the "Save As" feature in the browser.
Inspection Depot may in some circumstances provide access to your reports to the client(s) listed in the report with reasonable proof of identification from the client. For example, if you can't be contacted and the client requests the report, or if your account has been suspended and your reports are inaccessible.
Inspection Depot is a venue
The Inspection Depot site acts as a venue to home inspectors to write reports and make these reports accessible to their clients at anytime, from anywhere. We are not involved in the actual transaction between Inspection Depot users and their clients. As a result, we have no control over and assume no liability for the quality, safety or legality of the reports published, or the truth or accuracy of information contained in the reports. Users hold the final responsibility for their published reports being accurate, truthful and compliant with state, regional or national organizations standards of practice.
In the event that you have a dispute with one or more of your clients, you release Inspection Depot (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Ownership and availability of content
Inspection Depot users are provided with some report writing content when assigned a new account. Users typically generate additional report writing content as reports are written. This content is stored on Inspection Depot servers. Inspection Depot makes every attempt to ensure that this content is backed up frequently. However, due to various circumstances, users' content data may be lost. Inspection Depot officers, directors, agents and employees assume no liability for lost data. Inspection Depot strongly encourages users to be proactive in backing up their report writing data through whatever means they find easiest (download Inspection Depot web pages, etc.) on a regular basis.
Appropriateness of report content
The Inspection Depot service is intended to allow home inspectors to publish home inspection reports for their clients. Reports published by any and all Inspection Depot users may be reviewed at any time by Inspection Depot employees. Inspection Depot reserves the right to make any published report inaccessible to the public, and to deactivate or disable any user's account if content (text or graphic images) in a report is found to be offensive or inappropriate as deemed by Inspection Depot officers, directors or employees.
Changes to the way Inspection Depot works
The Inspection Depot service may change in appearance and functionality from time to time as a result of software "bugs" being fixed, or as upgrades to the service are implemented. We reserve the right to make these changes at any time and are under no obligation to revert the service to earlier versions.
Outages
Our highest priority is your ability to provide quality reports to your clients on a timely basis. However, Inspection Depot may experience an occasion during which reports cannot be written or accessed. When these outages occur, we will make every effort to restore normal functionality to our site as quickly as possible. Inspection Depot assumes no liability for your or your clients' inability to access our site during these times.
Scheduled downtime
Inspection Depot periodically schedules system downtime for maintenance and other purposes. This scheduled downtime is not covered by this policy. Scheduled downtime notices will be published on the Inspection Depot Home page prior to its occurrence.
License
Solely to enable Inspection Depot to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Access and interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Inspection Depot site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Inspection Depot.
Breach
Without limiting other remedies, Inspection Depot may immediately remove your reports, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, viewers of your reports, or us.
No warranty
WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability limit
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). WE, OUR EMPLOYEES AND SUPPLIERS ASSUME NO LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No agency
You and Inspection Depot are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Inspection Depot. Attn: Legal Department, Inspection Depot Inc.,
7700-2 Square Lake Blvd.,
Jacksonville,
Florida,
32256
. (in the case of Inspection Depot) or to the email address you provide to Inspection Depot during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Inspection Depot during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Inspection Depot to collect our fees and/or recover damages for, or obtain an injunction relating to, the Inspection Depot site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in
Jacksonville, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Inspection Depot may seek any interim or preliminary relief from a court of competent jurisdiction in
Jacksonville,
Florida
necessary to protect the rights or property of you or Inspection Depot pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
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