ISN Terms of Service
Effective Date: January 17, 2023
1. Agreement to Terms
2. Changes to Terms
3. Site Content; User Content
The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of ISN (collectively, the “Content”), are the proprietary property of ISN and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. Any use of the Contents without our express written consent is strictly prohibited. ISN reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. We hereby grant you a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Services. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
User Content. The data, information, reports, templates, or other materials that you, your Users, your clients or anyone on your behalf creates, uploads, links, posts, publishes, sends or otherwise provides to or with the Services are referred to, individually and collectively, as “User Content.” User Content includes personal information of your clients and other individuals that you provide to ISN.
No Review of User Content. We have no obligation to pre-screen or review, and we do not approve, control or endorse, any User Content. However, we reserve the right to refuse, remove or modify User Content for any reason.
Download of User Content. The Services include a feature that permits you, at any time during the Term, to download the User Content in your account (subject to any limitations that the account owner places on Users). Once your account is terminated, ISN has no obligation to retain or provide any User Content to you.
You must be at least 13 years old to Use the Properties. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Properties with permission from your parent or legal guardian.
Users must be 18 years of age or older to use or register for Services. By using the Services, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Services does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 18 years of age.
5. Accounts; Subscription Term; Charges; Payment
Subscription Term. Your subscription for ISN Subscription Services begins on the first day you register your ISN Subscription Services account and continues month-to-month until one of us terminates using the process below.
Modification to Services. In our sole discretion we can enhance, reduce, discontinue, or restrict access to the Services (or any portion of the Services), temporarily or permanently. We will provide timely notice of such changes whenever practicable.
Charges. ISN will charge you for your ISN Subscription Services in relation to each individual inspection, including the monthly minimum, if any (“Inspection Charges”). ISN also may also charge you for certain other services or products that you choose to purchase (“ISN Charges”) in addition to your Inspection Charges (collectively, “Charges”). Applicable sales tax will be added to all Charges where required by law.
Payment. Your fees for ISN Subscription Services are generally billed in arrears. Payments for Inspection Charges, including the monthly minimum (if any), are due and payable to ISN on the 10th of the month following the month in which the Inspection Charges were incurred. Payments for other Charges are due and payable in accordance with the payment terms communicated with the applicable Service. All Charges are non-refundable. We typically require payments by credit card or other valid payment card. When you use a credit card to pay for Charges, you represent and warrant that the credit card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your credit card issuer unless and until you have exhausted all attempts to resolve any disputes directly with ISN, and you understand that initiating a chargeback does not extinguish your obligation to pay.
Inactive Accounts; Accounts in Arrears. We may terminate any account that remains inactive for one year or more, which also will terminate any accumulated credits, incentives, rewards or the like associated with the account. If you have an unused prepaid balance in your account, ISN will use commercially reasonable efforts to contact you before terminating your account. If ISN is unable to reach you and elects to terminate your account, then the unused account balance will become ISN’s property to the maximum extent permitted by law.
If an account is an arrears for more than 90 days, we reserve the right to cancel that account.
You agree that communication may be made with you or your Users or your client by telephone, email, text (SMS) message or other electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
Monitoring and Recording. When you contact us or when we contact you through the Services, we may monitor and/or record those communications to assure continuing quality, customer satisfaction and other legitimate business purposes. Calls between you, your Users and your clients that originate with a transfer to a partner service (including any ISN Partner) may also be monitored and recorded.
8. User Conduct
We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:
- Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content or accompanying the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law);
- Access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that ISN does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information about Users or Professionals for any purpose.
- Frame any part of the Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm ISN, our service providers or suppliers, Professionals, other Users or any other person.
- Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements or deceptive or fraudulent behavior;
- To not use or disclose confidential information you received from ISN to any third party except as necessary to perform your obligations or exercise your rights contemplated by our relationship, until such information is no longer confidential. Confidential information includes but is not limited to information concerning ISN’s unpublished fees, marketing plans, financial results, unpublished pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public;
- Infringe or violate the privacy rights, property rights or any other rights of any person or entity, or;
- Violate any applicable law, rule or regulation.
9. Collected Information
You agree and acknowledge that ISN may collect data, text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, or other information (individually and collectively, “Information”) before, during, and after the provision of Services, or otherwise in connection with the Services (individually and collectively, “Collected Information”). If you (or your agents or authorized representatives) order a ISN product and provide your information to be used in that product (for example, if your inspection data is provided to ISN to create a Repair Estimate Report), then Collected Information includes the provided information.
10. ISN Web Hosting Services
ISN Web Hosting Services may be cancelled at any time and will take effect at the end of your current billing cycle. ISN websites are created on WordPress. Upon cancellation, ISN will deliver to you an XML file that contains all posts, pages, comments, custom fields, terms, navigation menus and custom posts to allow for importing into the new website. ISN is not obligated in any way to participate in the technical implementation of migrating to a stand-alone website or building a new website. Any premium themes or plugins purchased and used to create the original website remain the property of ISN.
If you elect to provide or make available to ISN any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), ISN will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
12. Warranty; Accuracy of information
Except as provided herein, the Services are provided “as is.” ISN makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. To the extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
13. Third-Party Intellectual Property
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on the Properties as part of the Services. These Third-Party Materials are not owned or controlled by ISN. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by ISN. All non-ISN trademarks, product names and logos appearing on our Services are property of their respective owners.
14. Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), ISN will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
Attn: Legal Department
411 1st Ave S, Ste. 501
Seattle, WA 98104
15. Warranty Disclaimer
The Services are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, ISN, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “ISN Parties”) disclaim all warranties, express, implied, statutory, and otherwise, in connection with the Services and your use of or transactions with ISN, your Users, your clients or other third parties, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to terminate, limit or prevent any User’s future access to and use of the Services, for any at any time and for any reason (including those specifically described in these Terms).
17. Other Program Terms
ISN sometimes partners with corporate affiliates and other selected companies (collectively, “ISN Partners”). ISN Partners help us expand the range of available products and services supporting your home inspection professional businesses. A list of current ISN Partners is located on the ISN Partner Page. We offer additional programs through or with the Services, either alone or with ISN Partners. If you elect to participate in any of these programs, we or the ISN Partner may communicate any additional terms and conditions for the program (“Other Subscription Terms”) to you. If there is any conflict between Other Program Terms and any of these Terms, the Other Program Terms will govern.
18. Limitation of Liability
In no event will the ISN Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, ISN, your Users, or your clients or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not ISN is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the ISN Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, ISN, your Users or your clients or other third parties exceed the lesser of (a) the amount you have paid to ISN for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to ISN, one hundred dollars. Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the ISN Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of (1) your transactions with Users, Professionals or other third parties, or (2) any violation by you of any of the Terms or applicable laws. ISN reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ISN in asserting any available defenses.
You agree that you bear all risk and, in consideration of the services provided by ISN, you hereby release the ISN Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, ISN, your Users or your clients or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Notwithstanding anything to the contrary, you and ISN may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
Attorneys’ Fees. If any of the ISN Parties take legal action against you as a result of your violation of these Terms, the ISN Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the ISN Parties.
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with ISN’s prior written consent, but may be assigned by ISN without restriction and without notice to you.
Entire Agreement and Severability. The Terms (which, as noted above, include any applicable Additional Terms) constitute the entire agreement between you and ISN concerning the Services and supersede all prior or contemporaneous communications of any kind between you and ISN with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ISN’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except (i) for the ISN Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights and (ii) as expressly provided in the applicable Additional Terms.
Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Contact Us. If you have questions about these Terms, please contact us by email at firstname.lastname@example.org or in writing at 411 1st Ave S., Ste. 501, Seattle, WA 98104.