Inspectify Privacy Policy
Inspectify Privacy Policy
Effective March 31st, 2022
- Scope of this Policy
- Agreement to Terms
- Information We Collect
- Cookies
- Children’s Privacy
- Our Use of Personal Information
- Our Disclosure of Personal Information
- Your Privacy Choices
- Security
- Additional Disclosures for Residents of Canada
- Links to Other Websites
- Effective Date and Changes to this Privacy Policy
- How to Contact Us
1. Scope of this Policy
Inspectify, Inc. (“Inspectify,” “we,” “us,” “our”) respects your privacy and values your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our website at inspectify.com (our “Site”), by use of our mobile application (the “App”), and/or by use of any of our products or services (collectively, with the Site and App, the “Service”). “You” or “your” or similar terms refer to you as a user of our Service.
If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy.
2. Agreement to Terms
By using our Service, you consent to our Privacy Policy and our Terms of Use. If you do not agree with the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of the Service without providing us any personal information to us.
3. Information We Collect
Inspectify collects the following categories of personal information (a) directly from you, such as through forms on our Site or App or if you choose to contact us, (b) from public sources and third parties, such as county and state tax and property records, government agencies, and multiple listing services (or MLS), (c) from the device and browser that you use to access our Site and/or App, and (d) cookies and similar technologies.
Identifiers
We may collect your name, postal address, email address, telephone number, and account username and password. You also have the option of signing into portions of our Service using certain third-party authentication platforms (e.g., Google OAuth, Okta OAuth). If you choose to do so, information like your name, email address, language preference, and access token will be shared with us.
If we may be or are required to submit a Form 1099 or similar tax-related document about you, we will collect your employer identification number and social security number.
Professional Information and Insurance
If you use the Service on behalf of a business entity, we collect your company name, position, and professional contact details. We may also collect insurance information (e.g., policy number) from you.
Payment Information
We may collect your order history and payment details (such as your credit card or bank account information). We use certain third parties to process payments on our behalf and your payment details are processed by these third-party payment processors.
User-generated Content
We collect the information and content of communications that you share through the Service. This may include information you post to your profile (e.g., profile pictures), survey responses, reviews, and chat conversations. In addition, if you send a message to us (such as through email or social media), we collect any personal information you choose to share with us through those messages.
We collect device information when you visit our Site or App. This includes your computer or mobile device type, browser type, online and/or unique personal identifiers, IP address, and geolocation information.
Internet Activity
We may collect information concerning your interaction with our Site and App, including when you access the Site and/or App and your browsing activity on the Site and/or App (such as which pages you visited, in what order, and for how long). This may include “traffic” data or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) and may be helpful for marketing purposes or for improving the Service.
You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to respond to your requests or allow you to book a home inspection.
4. Cookies
We store certain information that gets collected automatically at our end through cookies and other similar technologies on our Site. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on our Site are generally divided into the following categories:
● Strictly Necessary Cookies: These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site.
● Analytical/Performance Cookies: These allow us to recognize and count the number of users on our Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how our Site works, for example, by ensuring that users can find what they are looking for easily.
We use Google Analytics for part of this process. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics’ collection and use of data generated by your use of the Site by going to https://tools.google.com/dlpage/gaoptout.
● Functional Cookies: These improve the functional performance of the Site and make it easier for you to use. For example, cookies are used to remember that you previously visited the Site and asked to remain logged into it. These cookies may qualify as persistent cookies because they remain on your device for us to use during your next visit to the Site.
● Marketing Cookies: These are used to track visitors across websites. These cookies are used to display ads that we believe are relevant and engaging to you. For more information about targeted advertising and how to opt out with your specific browser and device, go to the Network Advertising Initiative and the Digital Advertising Alliance. You can also download the AppChoices application to opt out in mobile apps. If you opt-out, you will need to apply these opt-out settings in each device from which you wish to opt out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online, but they may be less relevant to you.
You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Site, however, you might not be able to access or use important functions or features of the Sites (such as booking a home inspection), and you may, for example, be required to re-enter your log-in details.
For a full, up-to-date list of the specific cookies we use and their durations, please view our Cookie Policy.
Do-Not-Track Signals
At this time, Inspectify does not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.
5. Children’s Privacy
The Service is not intended for users under the age of 13 and Inspectify does not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Service without permission, please notify us immediately by contacting us as detailed below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
6. Our Use of Personal Information
We collect and use personal information for the following purposes:
● Providing the Service to you and providing services requested by, or reasonably anticipated within the context of our relationship with, you;
● Managing our relationship with you;
● Evaluating your eligibility to work with us as a home inspector or to provide other professional services;
● Responding to your inquiries or requests and requesting feedback;
● Tracking use of your username and password to access our Site and App as well as tracking home inspection bookings;
● Personalizing the Site and App (e.g., displaying your name when you log in)
● Analyzing use of our Site and App;
● Providing promotional material or other marketing that we believe will be relevant to you;
● Tailoring advertisements to what we believe will be of interest to you (including working with our advertising partners to display advertisements on third-party websites that you may visit);
● Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
● Complying with legal and regulatory obligations.
7. Our Disclosure of Personal Information
Inspectify may share personal information with the following third parties:
● Service providers, who help us provide, maintain, and improve the Service, including IT service and hosting providers, web analytics providers, and payment processors. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
● Business partners, such as when we work with other business to offer products or services to you. For example, if you work with a real estate brokerage that uses our Service and you use our Site to book a home inspection, we share information such as your name, email address, phone number, and inspection report with the brokerage. We may also work with other companies to provide you with content or services on a joint or co-branded basis (a “Co-branded Site”). At a Co-branded Site, you will see both the branding of the co-branding party (e.g., the co-branding party’s name and/or logo) and Inspectify’s branding (e.g., our logo and a statement that the Co-Branded Site is “Powered by Inspectify”). By visiting or using a Co-branded Site, you are providing and consenting to provide and are transmitting personal information to us and to the co-branding party. You will need to communicate with us and the co-branding party directly, as applicable, if you decide you no longer wish to receive communications, or you wish to change any information you have supplied.
● Other users, for example, when you post information on your profile or if you connect to or communicate with other users (e.g., home inspectors) through the Service.
● Advertising networks to provide you with relevant marketing.
● Advisers and financial institutions, including auditors, notaries, business continuity support services providers, and legal, tax, and risk and compliance advisors.
● With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
● Government bodies, dispute resolution organizations, law enforcement agencies or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.
8. Your Privacy Choices
If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself. To opt-out of text messages, you may text “STOP” in reply to any Inspectify marketing text message.
Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or inspections you have booked through the Site or App.
By logging into your account, you may update certain information such as your name, email address, and telephone number. If you would like to delete or cancel your account, please contact us at the information below in the How to Contact Us section.
9. Security
We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at hello@inspectify.com or at the contact information in the How to Contact Us section below.
10. Additional Disclosures for Residents of Canada
This section contains additional disclosures for residents of Canada. As noted above, you may view and/or update certain information associated with your account (e.g., name, email address, and telephone number) by logging into your account. If you wish to request access to or correction of other personal information, or to opt-out of the processing of your personal information or request that we delete your personal information, you may contact us at hello@inspectify.com with the subject line “Canada Privacy” so that we can get your email to the right team. You may also contact us for information about how foreign-based service providers process your personal information or if you have any questions or complaints about the manner in which we treat your personal information.
We retain personal information for as long as necessary to fulfill the purposes for which the information was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.
11. Links to Other Websites
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site and App to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.
12. Effective Date and Changes to this Privacy Policy
This Privacy Policy is effective as of the date at the top of this policy. Inspectify has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.
13. How to Contact Us
If you have any questions about this Privacy Policy or our Service, please contact us at hello@inspectify.com or 855-456-6446.
7. DMCA Notice
- Inspectify has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Inspectify or of a third party, or otherwise violated any intellectual property laws or regulations. Inspectify’s policy is to investigate any allegations of copyright infringement brought to its attention.
- Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Inspectify to delete, edit, or disable the material in question, you must provide Inspectify with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:
● A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
● Identification of the copyrighted work (or works) claimed to have been infringed;
● Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Inspectify to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
● Information reasonably sufficient to permit Inspectify to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
● A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
See 17 U.S.C 512(c)(3) for further information.
For this notification to be effective, you must provide it to Inspectify’s Designated Agent by email at dmca@inspectify.com. You can also mail your DMCA request to:
Attn: Inspectify’s Designated Agent
Inspectify, Inc.
101 Yesler Way, Suite 600, Seattle, WA 98104
Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.
If you fail to comply with all of the requirements above, your DMCA notice may not be valid and not be acknowledged. Once proper notice is received by the Designated Agent, it is Inspectify’s policy:
● to remove or disable access to the infringing material;
● to notify the content provider, member, or user that it has removed or disabled access to the material; and
● that repeat offenders will have the infringing material removed from the system and that Inspectify will terminate such content provider’s, member’s, or user’s access to the service.
- Counter-Notice. If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
● A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
● Your name, address, and telephone number; and
● A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
If a counter-notice is received by the Designated Agent, Inspectify may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Inspectify’s discretion.
8. Submissions
- We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.
- If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.
9. Intellectual Property Rights
- Trademarks. The Inspectify name and logo are trademarks and service marks of Inspectify. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. Except for your Submitted Content, you acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Inspectify, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that Inspectify, and/or its licensors, own all right, title and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Inspectify has designated as confidential and you agree not to disclose such information without Inspectify’s prior written consent. Nothing posted on the Service grants a license to any Inspectify trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Inspectify. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property
10. Mobile Messaging Terms and Conditions
- By agreeing to these Terms or using the Service, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, push notifications, and browser notifications. Communications from us may include responses to your inquiries, operational communications concerning your account and/or bookings, requests for feedback, or marketing materials.
- If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.
- In addition, Inspectify offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (for purposes of this Section 10, the “Agreement”). By opting-in to or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 19 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or Privacy Policy that may govern the relationship between you and Inspectify in other contexts.
- If you provide a telephone number that does not belong to you, you represent and warrant that you have obtained all necessary consents and permissions, in compliance with all applicable local, state, federal, and international laws, including but not limited to the Telephone Consumer Protection Act (TCPA), to authorize Inspectify to contact the individual associated with that telephone number via automated transactional calls and text messages.
- User Opt-In. The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.
- User Opt-Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Inspectify in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than the word STOP or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
- Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Inspectify of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Inspectify, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
- Program Description. Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing and sale of our products and services.
- Cost and Frequency. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Inspectify.
- MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Inspectify’s control.
- Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions.
11. Third-Party Sites and Services
- The Service may contain links to or allow you to share content directly with other third-party websites, including links in other users’ profiles to social media or other websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
- These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
12. Notice for California Residents Pursuant to California Civil Code Section 1789.3
- Under California Civil Code Section 1789.3, California consumers of an electronic commercial service receive the following consumer rights notice: California resident may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
13. Indemnity
- You agree to indemnify and hold the Inspectify and its affiliates, and their respective business partners, licensees, licensors, officers, directors, employee, and agents (THE “indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
14. Warranty Disclaimer
- WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
- No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
- Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
15. Limitation of Liability
- IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF INSPECTIFY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Except as provided for in Section 5, your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.
- Except as provided for in Section 5, in the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred. THIS TIME PERIOD MAY BE SHORTER THAN OTHERWISE PROVIDED BY LAW.
- THE LIMITATIONS AND DISCLAIMERs IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INSPECTIFY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON INSPECTIFY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
16. Termination
- We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (iii) we are prevented from providing the Service for any reason.
- Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
- On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 3, 5(i)-(k), 9, and 13–21 will survive any termination or expiration of these Terms.
17. Communication Between Us
- If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us as indicated in Section 22 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
18. Governing Law
- These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction). You and Inspectify agree that, except as otherwise provided below, the state and federal courts located in the City of Seattle in King County, Washington will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Inspectify shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
19. Dispute Resolution
- Concerns. Most concerns can be resolved quickly by contacting us at the contact details in Section 22 (Contact Information) below.
- Arbitration Procedures. In the event your concern cannot be resolved informally, you and Inspectify agree that, except as provided in Section 19(e) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 19 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section 19(e) below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Inspectify will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Inspectify may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
- Location. The arbitration will take place in the City of Seattle in King County, Washington unless the parties agree to video, phone, or internet connection appearances.
- Limitations. You and Inspectify agree that any arbitration shall be limited to the Claim between Inspectify and you individually. YOU AND INSPECTIFY AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Inspectify agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- Severability. You and Inspectify agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 19(e)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 19(e) is found to be illegal or unenforceable then neither you nor Inspectify will elect to arbitrate any Claim falling within that portion of Section 19(e) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City of Seattle in King County, Washington, and you and Inspectify agree to submit to the personal jurisdiction of that court.
20. Other Important Terms
- Assignment. The rights granted to you under these Terms may not be assigned without Inspectify’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
- Severability. Except as otherwise provided in Section 19(g), if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 19(f), the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
- No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Inspectify of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
- Equitable Remedies. You acknowledge and agree that Inspectify would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Inspectify with respect to the Service and supersedes any and all prior agreements between you and Inspectify relating to the Service.
- Transfer. We may transfer our rights and obligations under these Terms to another organization, but his will not affect your rights or our obligations under these Terms.
21. Changes to These Terms
- We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
22. Contact Information
- If you have any questions or comments relating to the Service or these Terms, please contact us at the information below
Inspectify, Inc.
9450 SW Gemini Dr
Suite 34868
Beaverton, Oregon 97008-7105
855-456-6446