Quinte Home Inspections Terms of Service
Terms of Service
By visiting and/or using
www.QuinteHomeInspections.com (including the homepage and the entire Web site,
the "Site"), you accept and agree to be bound by the following terms
and conditions. Please read this document carefully. If you have any questions
regarding the Terms of Service, please contact QuinteHomeInspections.com, Inc.
("QuinteHomeInspections") at Contact Us.
1.
Acceptance of Terms of Service and Modifications
These
Terms of Service will govern your use of the Site and/or any and all services
provided by QuinteHomeInspections (collectively with
the Site and all content contained thereon, the "Services"),
including, but not limited to, access to message boards, your personal page,
and other features. If you do not agree to these Terms of Service, you may not
use the Services.
QuinteHomeInspections
may modify these Terms of Service from time to time in its sole discretion.
Please check the Site before using the Services to determine whether any
changes have been made to these Terms of Service. If you do not agree to these
changes in the Terms of Service as they may occur, please arrange to terminate
your registration with QuinteHomeInspections
immediately (i) by notifying QuinteHomeInspections
that you are unwilling to accept the changes to the Terms of Service; and (ii)
by discontinuing your use of the Services. Your continued use of the Services
constitutes your acceptance of this Terms of Service and any changes thereto.
From time
to time QuinteHomeInspections may supplement these
Terms of Service with additional terms pertaining to specific content or events
("Additional Terms"), which may be placed on the Site to be viewed in
connection with such specific content or events. You understand and agree that
such Additional Terms are hereby incorporated by reference into these Terms of
Service.
2.
Registration Information/Privacy Policy
When
you register for the Services, you will be asked to provide QuinteHomeInspections
with the following information: your name, email address, zip code, gender,
age, marital status, member name and password. In addition, you may choose to
provide QuinteHomeInspections with additional
information which may include, but is not limited to: your mailing address,
household income, education, marital status, and employment status.
Any
information provided by you or gathered by QuinteHomeInspections
or third parties during any visit by you to the Site shall be subject to the
terms of QuinteHomeInspections's Privacy Policy,
which is incorporated herein by reference. Click here if you wish to read QuinteHomeInspections's Privacy Policy.
QuinteHomeInspections
reserves the right to offer you third-party services and products based on the
preferences that you identify during the registration process and subsequently.
3.
Modifications of the Services
QuinteHomeInspections
may, in its sole discretion, modify or discontinue the Services with or without
notice to you and without liability to you or any third party. You accept that QuinteHomeInspections has the right to change the content
or technical specifications of any aspect of the Services at any time at QuinteHomeInspections's sole discretion. You further accept
that such changes may result in your being unable to access the Services.
4.
Proprietary Rights
The
Site, including but not limited to text, content, photographs, video, audio and
graphics contained thereon, and the other Services are protected by certain
Proprietary Rights (as defined below). You hereby agree that, as between you
and QuinteHomeInspections, QuinteHomeInspections
is the sole and exclusive owner of all right, title and interest in and to the
Services, including, without limitation, all Proprietary Rights relating
thereto. You agree to abide by all applicable copyright, trademark and other
laws, as well as any additional copyright notices or restrictions contained in
the Services. "Proprietary Rights" means any and all of the
following: (a) all rights using all technologies, electronic or otherwise and
whether now known or hereafter created, associated with works of authorship
throughout the Universe, including but not limited to patents, designs,
copyrights, moral rights, mask works, algorithms and other industrial property
rights; (b) trademark and trade name rights and similar rights and all business
goodwill associated therewith; (c) trade secret rights; (d) all other
intellectual and industrial property rights (of every kind and nature
throughout the Universe and however designated and whether now known or
hereafter created, including, but not limited to, logos, "rental"
rights, rights of publicity, and rights to remuneration), whether arising by
operation of law, contract, license, treaty or otherwise; and (e) all
registrations, initial applications, renewals, extensions, continuations,
divisions or reissues hereof now or hereafter in force (including without
limitation any rights in any of the foregoing).
5.
Content
Except
as expressly permitted and/or requested by QuinteHomeInspections
in writing, you may neither post any materials to the Site
nor copy, reproduce, retransmit, distribute, publish, commercially exploit or
otherwise transfer any material from the Site. By submitting content or other
material as may be expressly permitted and/or requested by QuinteHomeInspections,
which may include your member name, to any public area of the Site, including
without limitation message boards, forums, contests and chat rooms, you grant QuinteHomeInspections and its affiliates a royalty-free,
perpetual, irrevocable, non-exclusive worldwide license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, sublicense,
distribute, publicly perform and display the content (in whole or in part) in
any form, media, or technology now known or later developed, without any
restrictions based upon moral rights relating thereto. You also represent and
warrant to QuinteHomeInspections that you own and/or
otherwise have any and all rights necessary to grant the foregoing license. You
also permit all other Site users to access, display, view, store
and reproduce such content for personal use. QuinteHomeInspections
reserves the right to remove any and all content or materials posted by you
and/or other users of the Services which QuinteHomeInspections,
in its sole discretion, deems offensive or inappropriate.
NOTWITHSTANDING
ANY PROVISIONS CONTAINED HEREIN TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY
MESSAGE BOARDS, CHAT ROOMS, EXPERT AREAS, QUESTION AND ANSWER FORUMS,
SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE SITE YOU HEREBY EXPRESSLY PERMIT
QUINTEHOMEINSPECTIONS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY
PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN
CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY QUINTEHOMEINSPECTIONS
IN WRITING AT THE TIME YOU SUBMIT THE CONTENT.
6.
Restrictions on Use
you may not use the
Services for any illegal purpose or in any manner inconsistent with these Terms
of Service, and your access to and use of the Services is subject to all
applicable international, federal, state and local laws and regulations. You
agree to use the Services solely for your own private, noncommercial use and
benefit, and not for resale or other transfer or disposition to, or use by or
for the benefit of, any other person or entity. You agree not to use this Site
or Services for research purposes or to compile lists or any other data based
on the services without the express written consent of QuinteHomeInspections
Inc. You may not use the trademarks, logos and/or service marks of QuinteHomeInspections, Skip Eden, or Lern2Ern Inc. for any
purpose without the express prior written consent of QuinteHomeInspections.
You agree not to modify, move, delete or otherwise tamper with the information
and other content contained on the Site.
EXCEPT
AS OTHERWISE EXPRESSLY PERMITTED BY QUINTEHOMEINSPECTIONS IN WRITING, YOU MAY
NOT USE, COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER,
DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE
WORKS FROM, TRANSMIT, LINK TO AND/OR FRAME, SELL, LICENSE OR IN ANY WAY EXPLOIT
ANY PART OF THE SERVICES, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE
SERVICES AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE,
PROVIDED THAT YOU DO NOT MODIFY ANY COPYRIGHT AND OTHER PROPRIETARY NOTICES
CONTAINED THEREIN. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON
OR ENTITY USING THE SERVICES AND/OR QUINTEHOMEINSPECTIONS'S TRADEMARKS, TRADE
NAMES, LOGOS AND/OR SERVICE MARKS.
7.
Limited License / Rights Reserved
You
acquire absolutely no rights or licenses in or to the Services and/or any other
QuinteHomeInspections Proprietary Rights other than
the limited right to utilize the Services in accordance with the Terms of
Service. Except for the limited license expressly granted
herein, all present and future Proprietary Rights in and to the Services are
reserved by QuinteHomeInspections.
8.
Third Party Services
You
may from time to time order, access and/or otherwise use certain products
and/or services through the Site from third parties ("Third Party
Services"). QuinteHomeInspections makes no
warranties or representations whatsoever, express or implied, with regard to
any Third Party Services. You will not consider QuinteHomeInspections,
nor will QuinteHomeInspections be construed, as a
party to any transactions relating to Third Party Services, whether or not QuinteHomeInspections may have received some form of
revenue or other remuneration in connection with the transaction, nor shall QuinteHomeInspections be liable for any costs or damages
arising out of or relating to, either directly or indirectly, the Third Party
Services.
QuinteHomeInspections
may include links to other Web sites from the Site. WHEN YOU LINK TO AND/OR
ACCESS ANY THIRD PARTY WEB SITES THROUGH THE SITE, YOUR RIGHTS AND OBLIGATIONS
RELATING THERETO WILL BE GOVERNED BY THE TERMS OF USE, POLICIES AND OTHER TERMS
AND CONDITIONS SET FORTH ON SUCH WEB SITES.
9.
Registration and Account Creation
As
part of the registration and account creation process necessary to obtain
access to certain portions of the Services, you will select a
user identification ("Userid") and a
password. You will provide QuinteHomeInspections with
certain registration information, all of which must be accurate and updated by
you from time to time. You shall not (i) select a Userid already used by another person in connection with
the Services; (ii) use a Userid in which another
person has Proprietary Rights without such person's authorization; or (iii) use
a Userid or password that QuinteHomeInspections,
in its sole discretion, deems offensive or inappropriate. You shall be solely
responsible for maintaining the confidentiality of your password. You shall
immediately notify QuinteHomeInspections at feedback@QuinteHomeInspections.com
or Legal@QuinteHomeInspections.com
of any known or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password or credit card information. You are solely responsible for all
usage or activity on your QuinteHomeInspections
account, including but not limited to use of the account by any third party
authorized by you to use your Userid and password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your account, in QuinteHomeInspections's
sole discretion, and QuinteHomeInspections may refer
such matters to appropriate law enforcement agencies. You may terminate your
account at any time by sending an e-mail to feedback@QuinteHomeInspections.com
. Upon receipt of any such termination notice, you will receive an automated
e-mail confirming receipt of the request, and your account will be terminated
within two (2) business days thereafter. You are responsible for all charges
incurred up to the time the account is terminated.
10.
Disclaimer of Warranties
NOTWITHSTANDING
ANY PROVISION OF THIS TERMS OF SERVICE TO THE CONTRARY, THE SERVICES ARE
FURNISHED "AS IS" AND WITH ALL FAULTS. QUINTEHOMEINSPECTIONS MAKES,
AND YOU RECEIVE, NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, IN ANY
COMMUNICATION WITH YOU OR OTHERWISE. QUINTEHOMEINSPECTIONS EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT,
ANY WARRANTY THAT OPERATION OF AND/OR ACCESS TO THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR VIRUSES, AND/OR THE
FAILURE TO PROVIDE ADEQUATE SUPPORT FOR THE SERVICES. QUINTEHOMEINSPECTIONS
DOES NOT WARRANT THAT THE SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS,
INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS. THE ENTIRE RISK ARISING OUT OF THE
USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU AND YOU AGREE TO ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS
CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS OTHERWISE EXPRESSLY
AGREED BY QUINTEHOMEINSPECTIONS IN WRITING, QUINTEHOMEINSPECTIONS SHALL NOT BE
OBLIGATED TO REPAIR OR OTHERWISE REMEDY ANY SERVICE ERRORS OR OTHER SERVICE
PROBLEMS ARISING FROM THE FOREGOING.
QUINTEHOMEINSPECTIONS
MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, BE
SUITED FOR ANY PARTICULAR PURPOSE, INCLUDING PRE-EMPLOYMENT SCREENING,
MATCHING, COUNSELING OR AS A PREDICTOR OF ABILITY OR BEHAVIOR; NOR DOES QUINTEHOMEINSPECTIONS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES.
YOU
UNDERSTAND AND AGREE THAT QUINTEHOMEINSPECTIONS DOES NOT GUARANTEE THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE
SERVICES. QUINTEHOMEINSPECTIONS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE
PROVIDED TO YOU WITH THE UNDERSTANDING THAT QUINTEHOMEINSPECTIONS IS NOT
ENGAGED IN RENDERING ANY PROFESSIONAL SERVICES, COUNSELING OR ADVICE. QUINTEHOMEINSPECTIONS
ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY
SITUATION OR PROBLEM THAT YOU MAY HAVE.
QUINTEHOMEINSPECTIONS
MAY PROVIDE LINKS FROM THE SITE TO VARIOUS THIRD PARTY WEB SITES. QUINTEHOMEINSPECTIONS
IS NOT RESPONSIBLE FOR THE CONTENT ON SUCH THIRD PARTY WEB SITES, AND WE MAKE
NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF
ANY THIRD PARTY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY
CLAIM YOU MIGHT HAVE AGAINST QUINTEHOMEINSPECTIONS WITH RESPECT TO SUCH SITES.
BY
PERMITTING CERTAIN CLASSIFIED AND PERSONAL ADVERTISING, QUINTEHOMEINSPECTIONS
MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT
OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS. BY POSTING A
PERSONAL OR CLASSIFIED ADVERTISEMENT ON QUINTEHOMEINSPECTIONS, YOU ARE
PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL
INDEMNIFY QUINTEHOMEINSPECTIONS AGAINST ANY AND ALL CLAIMS WHICH MAY ARISE FROM
YOUR ADVERTISEMENTS IN ACCORDANCE WITH SECTION 12. BY RESPONDING TO A
CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE SITE, YOU WAIVE ANY AND ALL CLAIMS
AGAINST QUINTEHOMEINSPECTIONS FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR
YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
11.
Limitation of Liability
QUINTEHOMEINSPECTIONS
SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR
PROFITS OR INVESTMENT, OR THE LIKE), IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH OR WITH THE
SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES AND/OR THIS TERMS
OF SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), COST OF COVER, OR ANY
OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES
OR THE FAILURE TO PROVIDE SUPPORT THEREFOR, EVEN IF QUINTEHOMEINSPECTIONS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. QUINTEHOMEINSPECTIONS'S
TOTAL LIABILITY TO YOU UNDER THIS TERMS OF SERVICE AND/OR RELATING TO THE
SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO QUINTEHOMEINSPECTIONS
FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH QUINTEHOMEINSPECTIONS
IS NOTIFIED HEREUNDER OF ANY SUCH CLAIM OR $10 Can. , WHICHEVER IS GREATER.
12.
Indemnification
You
agree to defend, indemnify and hold each of QuinteHomeInspections,
its parent companies, subsidiaries, affiliates, officers, directors,
shareholders and employees, harmless from any and all claims, demands,
liabilities, losses, damages and/or expenses, including reasonable attorneys'
and expert witness fees, arising out of or relating to the use of the Services
and/or violation of this Terms of Service by you and/or any users of your
account on the Site, including, without limitation, any breach of the
representations and warranties made by you herein, any and all claims arising
from content or other materials posted onto the Site by you, or the
infringement by you, or any other user of your account, of any Proprietary
Rights or other rights of any person or entity.
13.
Termination
Either
you or QuinteHomeInspections may terminate the Terms
of Service with or without cause at any time and effective immediately. You may
terminate the Terms of Service by discontinuing all use of the Services and
destroying all materials obtained from the Services. Upon termination by you or
upon notice of termination by QuinteHomeInspections,
you must destroy promptly all materials obtained from the Services and any
copies thereof. Sections 10, 11, 12 and all other provisions
of this Terms of Service which may reasonably be construed as surviving
termination hereof, shall survive termination of this Terms of Service for any
reason.
14.
Applicable Law / Jurisdiction
These
Terms of Service shall be governed by and construed in accordance with the laws
of the Country of
15.
Remedies for Breach of these Terms of Service / Injunctive Relief
In the
event that QuinteHomeInspections determines, in its
sole discretion, that you have breached any portion of these Terms of Service,
or have otherwise demonstrated conduct inappropriate for the Site, QuinteHomeInspections reserves the right, without limiting
any and all other rights and remedies available to QuinteHomeInspections
under applicable law, to (i) warn you via e-mail that
you have violated these Terms of Service; (ii) delete any content provided by
you or your agent(s) to QuinteHomeInspections; (iii)
delete all content provided by you to QuinteHomeInspections;
(iv) discontinue your registration with QuinteHomeInspections;
(v) notify and/or send content to and/or fully cooperate with the proper law
enforcement authorities for further action; and/or (vi) any other action which QuinteHomeInspections deems to be appropriate.
You
acknowledge that it would be impossible or inadequate to measure and calculate
all of QuinteHomeInspections's damages for the breach
of certain provisions of this Agreement. Accordingly, if you breach or threaten
to breach any of your obligations hereunder, other than payment when due, QuinteHomeInspections shall be entitled, without showing or
proving any actual damage sustained, to a temporary restraining order, and
shall thereafter be entitled to apply for a preliminary injunction, permanent
injunction, and/or order compelling specific performance, to prevent the breach
of your obligations under this Terms of Service. Nothing in this Terms of
Service shall be interpreted as prohibiting QuinteHomeInspections
from pursuing or obtaining any other remedies as otherwise available to it for
such actual or threatened breach, including recovery of damages.
16.
Miscellaneous
a.
No Waiver. Failure by either party hereto to enforce any provision
of this Terms of Service will not be deemed a waiver of future enforcement of
that or any other provision.
b.
Assignment. QuinteHomeInspections may
assign its rights and obligations under these Terms of Service and upon such
assignment QuinteHomeInspections may be relieved of
any further obligation hereunder. You shall not assign, delegate or otherwise
transfer any rights under this Terms of Service for any reason without the
prior express written consent of QuinteHomeInspections,
which may be withheld in the sole discretion of QuinteHomeInspections
(any attempt by you to assign, delegate or transfer any rights under this Terms
of Service, either by contract, statute, corporate merger of any sort,
regulation or court order, without the prior express written consent of QuinteHomeInspections shall be voidable at QuinteHomeInspections's sole discretion).
c.
Legal Expenses. The prevailing party in any legal action brought
by one party hereto against the other to enforce this Terms of Service shall be
entitled (as determined by a court of competent jurisdiction), in addition to
any other rights and remedies it may have, to reimbursement for its expenses,
including court costs and reasonable attorney and expert witness fees and
expenses.
d.
Authority. You represent and warrant to QuinteHomeInspections
that you have the authority and all necessary rights to register with QuinteHomeInspections in accordance with this Terms of
Service. If you are under 18, you may use the Services only with permission and
involvement of a parent or guardian. QuinteHomeInspections
reserves the right, in its sole discretion, to refuse service, terminate accounts,
and/or remove or edit the Services. IF
YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE THE SERVICES.
e.
This Terms of Service contains the entire agreement and
understanding between you and QuinteHomeInspections
concerning the subject matter herein. This Terms of Service supersedes all
prior communications, discussions, negotiations, proposed agreements and all
other agreements between the parties concerning the subject matter herein,
whether written or oral.
f.
Fees. QuinteHomeInspections reserves the
right, in its sole discretion, to charge fees, surcharges and/or membership
fees in connection with the Services at any time upon thirty (30) days prior
written notice to you.
g.
If any provision of the Terms of Service is found invalid or
unenforceable by a court of competent jurisdiction, that provision will be
construed and enforced to the maximum extent permissible under applicable law
and the other provisions of this Terms of Service will remain and continue in
full force and effect.
h.
General. This Terms of Service shall be construed within its fair
meaning and no inference shall be drawn against the drafting party in
interpreting this Terms of Service. Headings used in this Terms of Service are
for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section or in any way affect this Terms of Service.