Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY PRODUCTS. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Inspection Contracts, LLC. The collective work includes works that are licensed to Inspection Contracts, LLC. Copyright 2014, Inspection Contracts, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Inspection Contracts, LLC or purchasing Inspection Contracts, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Inspection Contracts, LLC or to purchase Inspection Contracts, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Inspection Contracts, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Inspection Contracts, LLC used in the site are trademarks or registered trademarks of Inspection Contracts, LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Inspection Contracts, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Inspection Contracts, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Inspection Contracts, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Inspection Contracts, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Inspection Contracts, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Inspection Contracts, LLC product is mistakenly listed at an incorrect price, Inspection Contracts, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Inspection Contracts, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Inspection Contracts, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Inspection Contracts, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Inspection Contracts, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Inspection Contracts, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Inspection Contracts, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Inspection Contracts, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Inspection Contracts, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Inspection Contracts, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Inspection Contracts, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Inspection Contracts, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Inspection Contracts, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Inspection Contracts, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Inspection Contracts, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Inspection Contracts, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Inspection Contracts, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Inspection Contracts, LLC, Inspection Contracts, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Inspection Contracts, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Inspection Contracts, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


User Agreement
In consideration of the foregoing promises and the mutual covenants set forth in this Agreement and other valuable considerations, InspectionContracts.com (“Owner”) and the person purchasing any and all contracts or other content (“Products”) from InspectionContracts.com (“User”) agree as follows: 1. Use of Product(s): Owner hereby grants User the right to use the Product(s) for the permitted uses as set forth in this Agreement only. All other rights in and to the Product(s), including but not limited to all copyright and other intellectual property rights relating to the Product(s) are retained by Owner. 2. Permitted Uses: User may only use the Product(s) in the course and scope of User’s business of providing inspection services. User is permitted to use the Product(s) as often as User desires for that purpose regardless of the number of employees User employs in his/her/its business. 3. Prohibited Uses: User is prohibited from the use of the Product(s) not expressly permitted in the preceding section. Prohibited uses include but are not limited to: A. Using any aspect of the Product(s) as part of a trade-mark, design-mark, trade name; B. Incorporating the Product(s) in any way that results in a re-distribution or reuse of the Product(s) or is otherwise made available in a manner such that a third party can extract or access or reproduce the Product(s); C. Using the Product(s) in a manner that is considered under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely cause any person or property reflected in the Product(s) to be seen in a false light; D. Removing any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Product(s); E. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Product(s) or the rights granted under this Agreement; 4. Breach of Covenants: In the event that either party believes that the other has materially breached any obligations under the Agreement, or if Owner believes that User has exceeded the scope of the rights provided under this Agreement, such party shall so notify the breaching party in writing. The breaching party shall have ten (10) days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the ten (10) days-day period, the non-breaching party shall have the right to terminate the Agreement without further notice. 5. Warranties: Owner warrants that it has the right to grant the rights granted under this Agreement to use the Product(s); that he has obtained any and all necessary permissions from third parties to license the Product(s); and that use of the Product(s) in accordance with the terms of this Agreement shall not infringe the copyright of any third party. THE PRODUCT(S) IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT(S) WILL MEET USER’S REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT(S) IS WITH USER. SHOULD THE PRODUCT(S) PROVE DEFECTIVE, USER ASSUMES THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. 6. Indemnification: Each party shall indemnify and hold the other harmless, to the fullest extent allowed by law, for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under the Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party’s expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity shall survive the termination of the Agreement. 7. Confidentiality: Each party shall hold in strictest confidence any Confidential Information of the other party disclosed or made available pursuant to this Agreement. “Confidential Information” means any non-public information, technical data, trade secrets or know-how (including, but not limited to, information relating to students, data, research, products, software, documentation, formula, process, techniques, services, development, inventions, processes, engineering, techniques, pricing, internal procedures, finances, employees and business opportunities) whether having existed, now existing, or to be developed or created in the future, whether tangible or intangible, and whether or how stored, compiled or memorialized physically, electronically, graphically, photographically, or in writing. Neither party shall use any Confidential Information received from the other party except as expressly permitted under this Agreement, or as necessary to perform its duties hereunder, and User shall not disclose any such Confidential Information to any third party (except employees and only on a “need to know” basis and subject to their being bound to protect the confidentiality of the Confidential Information) without Owner’s prior written consent, provided, however, such prior consent shall not be required if User is required to disclose Confidential Information by court order or other operation of law and User provides Owner with prompt notice of such court order or operation of law. 8. Amendments to Agreement: This Agreement may only be amended in writing signed by User and authorized by Owner. 9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. 10. Non-waiver: No failure or neglect of either party hereto in any instance to exercise any right, power or privilege under this Agreement or under applicable law shall constitute a waiver of any other right, power or privilege in any other instance. All waivers by either party must be in wiring and signed by the party to be charged. 11. Entire Agreement: This Agreement contains the entire agreement and understanding between the parties and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter of this Agreement. This Agreement may be amended only by a writing signed by User and by a duly authorized representative of the Owner. If any term, provision, covenant or condition of this Agreement, or the application to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. 12. Notices: All notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within five (5) business days after mailing if sent by certified mail, return receipt requested. Either party may from time to time change its notice address by written notice to the other party. By selecting “Agree” at the Checkout Page, the User acknowledges he/she/ they have read the entire Agreement and fully understand the terms, conditions and obligations of this User Agreement.


No Attorney-Client Relationship
The use of this website, or the purchase of any contracts or other products offered is not intended to create an attorney-client relationship between the purchaser and InspectionContracts.com, Joseph W. Denneler, Esquire, or Salmon, Ricchezza, Singer & Turchi, LLP. The purchase of any contracts or products shall not entitle the purchaser to the benefits of legal representation by InspectionContracts.com, its creators, members, sponsors, attorneys or affiliates beyond providing the document ordered by the purchaser. No services or products will be provided following your purchase of any contract or product. InspectionContracts.com cannot and does not intend to guarantee any specific results or legal interpretations regarding the use of the contracts or products. Because contracts are always open to interpretation by a court administrative body or other entity InspectionContracts.com cannot and does not intend to warrant that any or all of the terms and conditions of the contracts will be upheld in a court or other legal proceeding. If the purchaser has questions or concerns regarding the law of contracts in the purchaser's state it is strongly recommended that the purchaser contact legal counsel in his or her state. The documents, blog articles, quotes or other information supplied by InspectionContracts.com are not legal advice and should not be relied upon as such. The law applicable to contracts differs from state to state and is subject to inconsistent interpretation by different courts. If you have questions regarding any of these issues, please feel free to contact InspectionContracts.com for further information.