Effective Date: April 5th, 2021
Hello, and thanks for visiting us at ISN. These terms (the “Terms”) explain the rights, roles and responsibilities between us. As explained below, these Terms mandate arbitration and also prohibit class action relief involving any dispute or claim. Please read them carefully.
To make it easier to understand what we are talking about, here are some definitions.
We are Inspection Support LLC. We are referred to in the Terms as “ISN,” “we,” “us” or “our,” and these references also include ISN’s suppliers when they act on our behalf to deliver the Services.
Any reference to “Inspector,” “you” and “your” in the Terms refers to you, any legally recognized entity that is the account subscriber to the Services and, as the context requires with respect to use and access of the Services, the individual authorized users under your account (“Users”).
The Terms cover your use of the inspectionsupport.com website, any mobile applications we provide, and other web and digital properties of ours, plus any related telephone services. These are individually and collectively referred to as the “Properties.”
The inspection support software tools and other services offered by ISN through paid subscriptions are referred to as the “ISN Subscription Services.” The ISN Subscription Services, any other tools and services we make available through the Properties, and the Properties are individually and collectively referred to as the “Services.”
Consent to Terms; Changes to Terms.
- Changes to Terms.We can change the Terms at any time by posting an updated version. Any modifications to the Terms will be effective 30 days from the date of posting. Please review the Terms from time to time because, by using the Services after the effective date of such changes, you are agreeing to the changes. You can determine if the Terms have been revised since your last visit by referring to the “Effective Date” date at the top.
- 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.
Subscription Term; Termination; Accounts; Charges; Access.
- 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.
- Termination. Either of us can terminate the Services and/or your account at any time, with or without cause. You can terminate by emailing us at firstname.lastname@example.org with your request to terminate. If we terminate your account or your access to the Services, we will notify you by email or letter. Unless otherwise agreed by the parties, termination is effective as of the date the terminating party provides its notice of termination.
- Account and User Registration; Communications. You must create an account as an account owner before you can add Users. You must keep all of your account and User information accurate and complete, and secure from unauthorized access and misuse. You are responsible for all activity in connection with your account.
You agree that communication may be made with you or your Users 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.
- 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”).
- 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 unless otherwise explained in these Terms. We typically require payments by credit card or other valid payment card.
- Returns; Refunds. Generally, if we agree to refund a Charge, the Charge amount will be credited to your ISN account. Payments for Charges that meet our requirements for a refund rather than an account credit (per these Terms or otherwise in our discretion) will be refunded back to the original method of payment.
- Inactive Accounts. 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.
- Services Modifications.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.
- Denial of Services.ISN may refuse to provide the Services to anyone, terminate your account or any access to or use of the Services, entirely or partially, and/or limit or prevent any User’s access to and use of the Services, at any time and for any reason.
- 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 and your Users that originate with a transfer to a partner service (including any ISN Partner) may also be monitored and recorded.
Content; License; Permissible Use.
- Grant of Limited License.We grant to you and your Users a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services in connection with, and to support and facilitate, providing home inspection services to your clients, subject to your compliance with the Terms.
- ISN Content.The Services, all materials, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of ISN (individually and collectively, “ISN’s 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. You may not remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in ISN’s Content or accompanying the Services. Except for the limited license we provide above, we do not provide to you or any User any other license, whether implied, by estoppel or otherwise, and all of our other rights are explicitly reserved to ISN.We do not warrant or represent that any of ISN’s Content, or any Third-Party Materials (defined below) contained in, linked to or used with the Services, are accurate, complete or suitable.
- No Reverse Engineering.You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent applicable law permits).
- No Automated Queries; No Scraping or Harvesting.You may not access any of 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 of ISN’s Content or any User Content (defined below) using any means that we didn’t intentionally make available through the Services.
- Confidentiality.If you receive confidential information from ISN, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations or exercise your rights contemplated by our relationship. 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.
- No Improper Uses. You may not (i) frame any part of the Service; (ii) access, use, or attempt to use, the Services in any way that we didn’t intentionally make available; (iii) damage, disable, overburden, or impair any of the Services or interfere with the rights of or otherwise harm ISN, other inspectors and their respective users, or any other person or entity; (iv) commercially sell, resell, license, sublicense, or distribute the Services to a third party; or (vi) use the Services in ways that otherwise violate the Terms.
- No Objectionable Conduct. You may not use the Services to (i) harass anyone, including by threatening, defaming, or making racist, obscene, or other offensive statements to them; (ii) infringe or violate anyone’s privacy, property or other rights; (iii) deceive or defraud anyone; or (iv) violate any applicable law or regulation.
- Definition of User Content.The data, information, reports, templates, or other materials that you, your Users 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.
- Feedback. If you or your Users choose to give or make available to ISN any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), ISN will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Feedback in any manner, without credit or compensation to you or any Users.
- 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.
Third-Party Intellectual Property.
- Third Party Materials and Intellectual Property.The Services contain links to third-party websites, advertisements, services, offers, or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on or linked to from the Services. Any Third-Party Materials are not owned or controlled by ISN, so we are not responsible for them and we do not endorse, sponsor or recommend them. All trademarks, product names and logos of any third parties that appear on the Services are property of their respective owners.
- Claims of Copyright Infringement. f you believe that any copyright in work you own has been infringed because it is reproduced in connection with the Services, you can notify us pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notice to ISN at the address below. Your DMCA notice must include the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright, (ii) identification of the copyrighted work claimed as infringed, (iii) a description of where the claimed infringing material is located in the Services, (iv) reasonably sufficient information for us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you believe in good faith belief that use of the material in the manner described 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 email@example.com
Inspection Support LLC
Attention: ISN Legal Department
2200 1st Avenue South
Seattle WA 98134
- Warranty Disclaimer. The Services are provided “as is” without warranties of any kind, either express or implied. To the fullest extent the law permits, ISN disclaims all warranties, express, implied, statutory, and otherwise, in connection with the Services, 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 any warranties arising by usage of trade, course of dealing, and course of performance.
- Limitation of Liability. In no event will ISN, ISN Partners, its and their affiliated companies, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (the “ISN Parties”) be liable to you or any third party whatsoever for any damages for cost of cover, lost profits or other direct, indirect, incidental, special, punitive, or consequential damages arising out of your use of the Services or your transactions with ISN or any ISN Partner, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not any ISN Party is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent the law permits in any applicable jurisdiction.The collective liability of the ISN Parties arising out of or connected with the Terms, the Services, and your transactions with ISN or any ISN Partner will not exceed (i) the amount you have paid to ISN for use of the applicable Services in the preceding 12-month period or (ii) if you did not pay ISN, then one hundred U.S. dollars (USD$100.00).
- Limitations Period. ou must bring any claims relating to the Services or the Terms within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
- Indemnification. You agree to indemnify, defend and hold harmless the ISN Parties from and against any claims, losses, liabilities, expenses, damages, penalties and costs (including reasonable attorneys’ fees) incurred by the ISN Parties as a result of (i) your and your Users’ transactions with your clients or other third parties, (ii) any false or inaccurate User Content, or (iii) any violation by you or your Users of applicable law or any of your obligations or representations and warranties under the Terms. We have the exclusive right to choose counsel to defend any such claim.
- Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your use of the Services or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved only by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.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 Las Vegas, Nevada within the United States. 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 Clark County, Nevada 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 continued use of 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 Clark County, Nevada. You agree and 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. Regardless, you and ISN may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, existing, pending or otherwise, and independent of resolving any Dispute as required by arbitration.
- Governing Law. You agree that the Terms and any Dispute will be governed solely by United States federal law and Nevada state law, without regard to any 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, or in the event of any Dispute, 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.
- Waiver. No waiver of any provision shall be treated as any further or continuing waiver of such provision or any other provision, and ISN’s inaction or lack of assertion of any right or provision does 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 that specifically provide them third party beneficiary rights and (ii) as expressly provided in the applicable Other Program Terms.
- Export Control. Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export control regulations. 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.
- Survival. All provisions of the Terms that by their nature reasonably should survive termination shall so survive.