HomeInspector.com User Terms and Conditions

PARTIES. This is a binding legal agreement between you, an individual, ("you" or "your") and HomeInspector.com, Inc., a Florida corporation having an address of 18495 S. Dixie Highway #291, Miami, FL 33157 ("HomeInspector" or "we" or "our").

INTRODUCTION TO HomeInspector. Upon your registration, you may choose your own password or HomeInspector may assign you a password to access the HomeInspector services through the HomeInspector Web site.

HomeInspector SERVICES. At HomeInspector we are committed to making your total HomeInspector experience a positive one. Upon entering your information and the request for which you would like an inspector, we will provide you with a list of inspectors in your area, if any, who may be interested in fulfilling your inspection needs.

However, we do not guarantee that we will be able to match your inspection needs with an inspector or that there are inspectors in your area that are either capable or willing to complete your inspection. WE MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE SKILLS OR REPRESENTATIONS OF THE INSPECTORS OR THE QUALITY OF THE JOB THAT HE OR SHE MAY PERFORM FOR YOU IF YOU ELECT TO RETAIN THEIR SERVICES. HomeInspector does not endorse or recommend the inspections of any particular inspector. It is entirely up to you to enter into a direct contract or otherwise reach agreement with an inspector, and we do not guarantee or warrant their performance on the job or the outcome or quality of the inspections performed. The inspectors are not employees or agents of HomeInspector, nor is HomeInspector an agent of the inspectors. HomeInspector does not perform, and is not responsible for, any of the inspections requested by you in your inspection request. Any "quote" or "estimate" you may receive from HomeInspector with respect to a proposed inspection is merely a rough estimate of the potential cost you may incur for said inspection. The final price for said inspection may be more or less than said quote or estimate. BEFORE YOU ENGAGE ANY INSPECTOR, YOU SHOULD OBTAIN A WRITTEN PRICE AND YOU SHOULD NOT RELY UPON THE "ESTIMATE" PROVIDED BY HomeInspector. Your rights under contracts you enter into with inspectors are governed by the terms of such contracts and by applicable federal, state, municipal and local laws. Should you have a dispute with any inspector, you must address such dispute with the inspector directly, AND YOU HEREBY AGREE TO RELEASE HomeInspector (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH INSPECTORS.

INFORMATION YOU PROVIDE TO US. Upon using the HomeInspector inspections, you will be prompted to disclose certain information about yourself and your inspection requirements, and you may be able to store information, such as home inspections records, on our Web site. Some of this information will be sent to inspectors who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a inspection request, you are requesting, and you expressly consent to being contacted by us and by our inspectors and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, municipal or other applicable "Do Not Call" list, in order that we may provide the inspections set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your inspection request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing an inspection request, you are entering into a business relationship with HomeInspector and its partners and thus agree to be contacted by HomeInspector and/or its partners. You promise that all information you provide will be accurate, complete, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or HomeInspector has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeInspector has the right to refuse any current or future use of the HomeInspector inspections (or any portion thereof) by you as well as declare any inspection quote null and void. You understand that inspectors may keep the information you submit whether or not you communicate with them regarding an inspection and whether or not you use their services. You are responsible for any use of the HomeInspector services by persons to whom you intentionally or negligently allow access to your password. Further, although HomeInspector has taken reasonable measures to ensure that your personal information is delivered and disclosed only to inspectors in accordance with your instructions, HomeInspector cannot and does not guarantee that the personal information you provide will not be intercepted by others.

YOUR USE OF THE HomeInspector SERVICES. You acknowledge and agree that your use of the HomeInspector inspections is for your personal use and not for any advertising purposes. You agree that all of the content and information posted on the HomeInspector Web site, including but not limited to inspector profiles, screening information, and ratings and reviews (including any ratings and reviews provided by you), is the sole and exclusive property of HomeInspector, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your inspection request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to HomeInspector for any such damages, and will indemnify HomeInspector in the event of any third party claims against HomeInspector based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the HomeInspector Web site and inspections at any time. All information about inspectors is confidential and for your personal use only. If it is determined or suspected by HomeInspector in its sole discretion that you are misusing or attempting to misuse or circumvent the HomeInspector services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, HomeInspector reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

FALSE INFORMATION. To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights to HomeInspector and its inspectors and partners, and to consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in an inspection request, including but not limited to some one else's name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to HomeInspector and each of HomeInspector inspectors who accepts such service requests, for the greater of: (1) a minimum amount of $1,000 to each of HomeInspector and each of the affected inspectors and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e-mail address or phone number, etc.), per improper submission, plus any attorneys fees costs and expense relating thereto, if applicable, or (2) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, which ever is greater.

NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the HomeInspector server ("Server") is granted, provided that (1) the copyright notice appears in all copies, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the HomeInspector Web site or any other HomeInspector owned, operated, licensed or controlled site. Elements of HomeInspector Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HomeInspector web Site may be copied or retransmitted unless expressly permitted by HomeInspector. HomeInspector AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HomeInspector AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HomeInspector WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HomeInspector AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

INSPECTION REPORT. You understand that the Inspection Report ("Report") has been prepared for your sole, confidential and exclusive benefit and use. Neither the Report, nor any portion thereof, is intended to benefit any other person or entity. If you directly or indirectly allow or cause the Report or any portion thereof to be disclosed to any third party, you agree to indemnify, defend and hold HomeInspector harmless for any claims or actions based on the Report or any information contained therein, brought by the third party.

NO ROBOTS OR SPIDERS OR EXTERNAL QUERIES ALLOWED. You may not use "robots" or "spiders" or other computer programs or devices which automatically enter search queries or retrieve information from this Web site.

SEARCH RESULTS. You may use the search features available through the Web site, if any, to produce search results. HomeInspector make no warrantees or guarantees as to the accuracy, precision, correctness, quality, completeness, reliability, or integrity of the search results developed.

SUBPOENAS AND DISCLOSURE GENERALLY. You understand that the use of the HomeInspector services and web site is not anonymous. Subject to any subpoenas or any other legal process that may require HomeInspector to disclose information, HomeInspector shall disclose any and all information in its possession regarding you without any prior notice to you. You agree that any and all information you disclose to or otherwise make available to HomeInspector before, during, and after the Term of this Agreement is the sole and exclusive property of HomeInspector.

LINKS TO THIRD PARTY SITES. The links in the HomeInspector Web site will let you leave HomeInspector’ Web site. The linked sites are not under the control of HomeInspector and HomeInspector is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. HomeInspector is not responsible for webcasting or any other form of transmission received from any linked site. HomeInspector is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeInspector of the site.

HomeInspector allows Service Professionals to post profiles about themselves and their business on the HomeInspector Web site. HomeInspector does not review or verify the information or representations set forth in those profiles.

HomeInspector DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT MEMBERS ARE APPROPRIATELY LICENSED, FREE OF BANKRUPTCIES OR CIVIL OR CRIMINAL LEGAL JUDGMENTS, OR CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING AT THE TIME OF REGISTRATION, DURING THE PERIOD THEY ARE MEMBERS, OR THEREAFTER. AS CIRCUMSTANCES CAN CHANGE DAILY, HomeInspector ADVISES CONSUMERS TO CHECK THESE MATTERS FOR THEMSELVES. HomeInspector DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION YOU MAY RECEIVE FROM STATE, MUNICIPAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY HomeInspector, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HomeInspector SERVICES OR IN CONNECTION WITH THE HomeInspector WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

GENERAL PROVISIONS. You acknowledge and agree that the HomeInspector services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and HomeInspector's sole obligation to you or any third party for any claim arising out of your use of the HomeInspector services or the HomeInspector Web site, is that you are free to discontinue your use of the HomeInspector services or the HomeInspector Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HomeInspector EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HomeInspector SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HomeInspector HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

COPYRIGHT AND TRADEMARKS. All content included on this site, including the HomeInspector.com inspection agreements, text, graphics, logos, button icons, images, digital downloads, data compilations, and software is the property of HomeInspector and is protected by United States and international copyright laws.

HomeInspector.com and other marks used on this site are trademarks of HomeInspector. HomeInspector.com trademarks may not be used in connection with any product or service that is not expressly authorized in writing by HomeInspector. All other trademarks not owned by HomeInspector that appear on this site are the property of their respective owners.

The following trademarks are owned by HomeInspector:

HomeInspector.com (domain name)

CondoInspectors.com (domain name)

MISCELLANEOUS. The Terms and Conditions will inure to the benefit of HomeInspector successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. We will not be liable for any nonperformance, delay, error, injury, or other loss or damage caused by any events or conditions that are beyond our reasonable control. The failure of HomeInspector to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HomeInspector or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Florida. You agree to submit to jurisdiction in Florida and that any claim arising under these Terms and Conditions will be brought solely in a court in Miami-Dade County, Florida. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and cost at all levels including trial and appeal. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.