Thursday, July 02, 2009

Company Agreement TERMS OF USE PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE AND THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT. Inspector’s Mart, Schedule My Inspection, Virtual Inspector and Choose My Inspector are trademarks used to indicate an Internet service (the Service) owned and operated by Inspection Depot, Inc. (hereafter “Company”, "we", "our" or "us"). "You" or "your" means the user of the Service. We offer you access to the Service in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by us from time-to-time. Your use of the Service indicates that you are bound by this agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this agreement at our discretion and your continued use after any change indicates you accept that change. If you don't want to be bound by a change, discontinue use of the Service. Read the Privacy Policy connected with this Site, which also applies to you as a user. The Service contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to members of a membership site. In the freely accessible areas of the Service, all Content is owned and/or copyrighted by Company, or third party providers and may be used only in accordance with this limited use license. Material posted to membership sites is owned by the person who created the material posted and is hosted by The Service under the license contained in this Agreement. Company is protected by copyright, individual elements in the case of content provided by Inspection Depot, and as a collective work and/or compilation as to the Service as a whole, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. This site is provided “AS IS”. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT OR SERVICE IS TO STOP USING THE SERVICE. (See “Limitations of Liability and Disclaimer of Warranties”). Registration and Security As part of the registration process, you will select a password and Member name ("Username"). You must provide us with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the Rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive. You shall notify us by regular mail, or by e-mail here, of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. (b) You will be responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Service via your password. Distribution of your password for access to the Service to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies. We cannot and will not be liable for any loss or damage from your failure to comply with the security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any acts or omissions, of you or any user of your Service to whom you gave access, including any damages of any kind incurred as a result of such acts or omissions. User provided content Portions of the Service will contain user provided content, to which you may contribute appropriate content. For this content, we are a distributor only. By submitting content to us, you grant us a license to the content to use, host, distribute that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate. Should you contribute content to the site, you understand that it will be seen and used by others under the license described herein. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. We will not edit or monitor user provided content in general. We reserve the right to remove any user provided content that comes to our attention and that we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable. You represent and warrant that (i) all content and information included in your Submission(s) is truthful and accurate; and (ii) you have obtained all appropriate permissions to post such information on the Service and to allow us to use such information in accordance with this Agreement. You release us and or affiliates from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify fully Company and its affiliates in connection therewith. This section shall survive any expiration or termination of this Agreement. All parties submitting content to the Service represent and warrant to us that the submission, installation, copying, distribution, and use of such content in connection with us and our Service will not violate any other party’s proprietary rights. Third Party Dealings and Links Your business dealings with, or participation in promotions of, any third-party a providers of goods or services found on or through the Service, including payment and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party provider. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party providers on the Service. The Service may provide links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that neither Company nor its affiliates are responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other Web sites may provide links to the Service with or without our authorization. We have no control over sites that provide links to the Service, and you acknowledge and agree that we do not endorse such sites and are not responsible for any links from those sites to the Service or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that we provide links to or that provide links to the Service, or (ii) any content, goods, or services available on or through any such sites or resources. We shall have the right, at any time and in its sole discretion, to block links to the Service through technological or other means, without prior notice. Information Retrieval Systems It is your responsibility to ensure that any information transmitted over the Service (including via email) reached the intended recipients (including clients, other users or non-user third parties). No liability shall incur to Us for missing or incomplete information or unintended information being transmitted over the Service. You agree that we shall not be responsible or liable, directly or indirectly (including lost profits), for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use email or any faulty email transmission. You agree that your sole remedy is to stop using the Service. Purchases Over The Website You may purchase merchandise from this Service by using any one of the payment options listed here. We reserve the right to change its payment procedures at any time without prior notice to you. We charge sales tax for merchandise ordered on this Service based on the applicable state sales tax rate and the location to which the order is being shipped. Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to the our return policy. Shopping Cart Throughout our site, whenever you see a product you would like to purchase, simply click "Add to Cart" and the item will be added to your Shopping Cart. From your Shopping Cart, you can continue shopping, save your Shopping Cart for purchase at a later date, or continue to check out. Once you choose to Check Out, you'll provide your billing and shipping information. You'll have a chance to review your total order, including any discounts, tax, and shipping costs. If you're satisfied, you'll provide your credit card information to complete your secure transaction. You will then see an Order Confirmation screen which indicates we've received your order and gives you a confirmation number for your order. We'll send an email confirmation within 24 hours to let you know your order has been processed. This email is your receipt and will include your confirmation number, verification of the items purchased, your shipping and delivery information, and any applicable rebate forms. Subscription Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (annual, quarterly, monthly, etc.) you have chosen. Credit card charges will be processed within 24 hours after subscription and products included in memberships will be shipped shortly thereafter. Except in the case of monthly subscriptions, you will be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal. Cancellations. Cancellations are made by calling us at: 904-461-0023.All subscriptions, including monthly subscriptions, quarterly subscriptions, or annual renewals, may be canceled by you at any time but no refund will be made for unused subscription periods. Changes in Subscriptions. Subscription costs may be changed by Us at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. We reserve the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Service that are now free, we will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of the Service through your account. Limitations of Liability and Disclaimer of Warranties Please be aware that there may exist content that is inaccurate, misleading, or deceptive. In addition, Company and its affiliates have no control over, and shall have no legal liability for, any damages resulting from (i) the use, including republication, or misuse, by any third party, of information voluntarily by a user of the Service; or (ii) any disclosure of your information in accordance with the terms of this Agreement and/or our Privacy Policy. The information, products, and services included on this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Company, its affiliates and its third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind. We may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions which are different from those found here. We make no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Company or our affiliates. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE, THE CONTENT, SUBMISSIONS, ANY PRODUCTS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) ARE PROVIDED TO YOU "AS IS" (UNLESS OTHERWISE EXPRESSLY STATED) WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICE, AND ANY CONTENT AND SUBMISSIONS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT OR SUBMISSIONS. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT OR SUBMISSION CREATED BY US OR SUBMITTED TO THE SERVICE, INCLUDING WITHOUT LIMITATION INFORMATION IN ALL PARTS OF THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, ANY CONTENT CONTAINED THEREON, THE SUBMISSIONS (INCLUDING ANY RESPONSIBILITY TO ARCHIVE OR MAINTAIN SUCH SUBMISSIONS), OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE (UNLESS OTHERWISE EXPRESSLY STATED), INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER US NOR OUR AFFILIATES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR SYSTEM DOWNTIME OR INABILITY TO ACCESS SUBSCRIPTIONS, FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THE SERVICE OR FROM ANY CONTENT OR SUBMISSIONS POSTED ON THE SERVICE BY US OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT OR SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND OUR AFFILIATS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS (UNLESS OTHERWISE EXPRESSLY STATED); (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (vi) THE SERVICE ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE. This section shall survive any expiration or termination of this Agreement. Indemnity You agree to defend, indemnify, and hold harmless us and our affiliates, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your activities in connection with your unauthorized use of the service; (ii) any violation of the Agreement by you; (iii) any allegation that anything you post, transmit, or make available on the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party, or (iv) any claim of non-performance, breach of contract, negligence or intentional tort by any third party against us or our affiliates that may arise due to your services to the third party. This section shall survive any expiration or termination of this Agreement. Copyright Issues Internet Services Copyright Policy. Company owns and operates the World Wide websites ScheduleMyInspection.com, ChooseMyInspector.com, Inspector’sMart.com, and VirtualInspector.com. The design, content and graphics of those sites and all other elements created by us or third parties as work for hire or where the copyright has been assigned to us or one of our subsidiaries remains copyrighted with all rights reserved. To obtain permission to use any of these copyrighted elements, and such permission may be granted or refused at our discretion, write with a full description of the element which you desire to use, the purpose, place and extent of use intended and full contact information including name, address, phone fax and email to: Copyright Permissions Inspection Depot, Inc. 7700 Square Lake Blvd. Jacksonville, Florida 32256 USA or Fax: 904 268-2902 support site: www.inspectiondepot.biz Content which has been contributed to public areas of Our sites by users remain the property of the submitter or the original creator and we are a licensed distributor of such content. Occasionally, a person may feel that content submitted by a user is their property or is covered by the copyright of someone other than the submitter. Please remember that we are the distributor of user supplied content and the submitter, Us, is the one who has violated copyright if such a violation has occurred. However, we will respond to substantiated claims of violation. In such a case, the person who believes they have a claim under copyright should send a claim of copyright violation to: Copyright Agent Inspection Depot, Inc. 7700 Square Lake Blvd. Jacksonville, Florida 32256 USA or Email: info@inspectiondepot.com support site: www.inspectiondepot.biz All the following must be included: • Identification of the copyrighted work claimed to be infringed, and the basis of the claim • Identification of the material which is claimed to be infringing, including the URL • Full contact information on the claimed copyright owner or other claimant (who must have a license which is being infringed or other standing to make the claim) including name, address, telephone, fax and email information • A statement, under penalty of perjury, that the information sent is accurate and the complaining party is the owner or an authorized agent of the owner • A physical or electronic signature of the claiming party The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to Our Address below. Termination You agree that we may, in our sole discretion, terminate your use of the Service, and/or bar you from submitting or posting any material on the Service, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, the PRIVACY STATEMENT, or any additional posted guidelines, rules, and terms and conditions applicable to any services provided through the Service. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Service. We shall not be liable to you or any third party for any termination of your access to the Service. Resolution of Disputes This Agreement is governed by the laws of the State of Florida, U.S.A. and/or applicable federal law. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida, County of Duval and/or Middle District of Florida in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In the event a dispute arises between you and us, you agree that any claim or controversy at law or equity that arises out of this Agreement or our Services ("Claims") shall be resolved by Binding Arbitration. Before resorting to arbitration, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative. Notwithstanding the above, we retain the right to pursuit claims all trademark, Service mark, trade dress and other intellectual property claims in the appropriate federal court. We agree that upon petition for and submission to arbitration, the following must apply: 1.The arbitration shall be held in Duval County, Florida; 2.The Federal Rules of Civil Procedures and the Federal Rules of Evidence shall be applied by the arbitrators, and the arbitrators shall be bound by existing Florida statutory and case law; 3. Unless such a limitation is prohibited by applicable law, the arbitrators shall have no authority to award punitive, exemplary, special, incidental or indirect damages; 4.The award or decision by the arbitrator shall be final and binding on the parties; and 5. Each party shall have the right to seek from an appropriate court equitable remedies including, but not limited to, temporary restraining orders or preliminary injunctions before, during or after arbitration. Neither party need await the outcome of the arbitration before seeking equitable remedies. Seeking of such remedies shall not be deemed to be a waiver of either party's right to compel arbitration. Relationship of the Parties You agree that no joint venture, partnership, employment, or agency relationship exists between us because of this Agreement or your use of the Service. You agree and acknowledge that participation in any Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and Company or its affiliates, other than the relationship between us is by virtue of this Agreement. Modification or Suspension of Services We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. We reserve the right to change the amount of any fee or charge and to institute new fees or charges at any time for any Service, effective upon our posting notice thereof. You agree that Company or its affiliates shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, or of any Content, feature, or product offered on the Service. Your continued use of the Service after such changes will indicate your acceptance of the changes. Our Address Please address all correspondence to the following address: Inspection Depot Inc., 7700 Square Lake Blvd., Jacksonville, Florida 32256 info@inspectiondepot.com Miscellaneous If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. I agreeI do not agree

© 2006 Inspection Depot, Inc.