This Agreement describes the terms and conditions applicable to your use of our services available under the domain of housefacks.com. If you do not agree to be bound by the terms and conditions of these Terms of Use, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Use and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of House Facks.
We may amend this Terms of Use at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 10 days after they are initially posted on our site. In addition, we will notify you via email. This Agreement may not be otherwise amended except in a writing signed by you and the House Facks company. This Agreement is effective on August 7, 2006.
Membership eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended House Facks users. If you do not qualify, please do not use our services. Further, your House Facks account and username may not be transferred or sold to another party. If you become a House Facks user representing a company, you represent that you have the authority to bind the entity to this Agreement.
Fees and services
For specific information on our current fees, visit our pricing page. We reserve the right to change our fees at any time. Changes to fees are effective after we provide you with at least fourteen (14) days' notice of the changes by email, by posting a notice for the change on the House Facks home page, and posting the changes on this Terms of Use page. However, we may choose to temporarily change fees for our services for promotional events (for example, providing you with additional free reports) and such changes are effective when we email you or when we post the temporary promotional event on the House Facks home page. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Appropriate Use
House Facks is intended as a report publishing service. As such, disemination of information produced on House Facks by you is limited to those pages produced as a result of publication. Using the service to produce information (e.g. reports) that are copied to other media to avoid publication charges is prohibited and will result in the termination of service and removal of past reports from our system.
Billing schedule
House Facks charges companies for report publishing fees on a monthly basis. Charges are made to the companies credit card that is on file with House Facks. It is the responsibility of each company contact and administrator to maintain a valid credit card for their company. Payment is due on the first of each month for the previous months activity. House Facks also reserves the right to deactivate or disable a company's account when payment isn't received. If it is necessary a company may contact House Facks and make other arrangements for payment, but this is done on a case by case basis.
Duration of report availability
Published reports will be available on the House Facks website at their original URLs indefinitely.
House Facks is a venue
The House Facks site acts as a venue to home inspectors to write reports and make these reports accessible to their clients at anytime, from anywhere. We are not involved in the actual transaction between House Facks users and their clients. As a result, we have no control over and assume no liability for the quality, safety or legality of the reports published, or the truth or accuracy of information contained in the reports. Users hold the final responsibility for their published reports being accurate, truthful and compliant with state, regional or national organizations including NACHI, ASHI and NAHI. In the event that you have a dispute with one or more of your clients, you release House Facks (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Ownership and availability of content
House Facks users are provided with some report writing content when assigned a new account. Users typically generate additional report writing content as reports are written. This content is stored on House Facks servers. House Facks makes every attempt to ensure that this content is backed up frequently. However, due to various circumstances, users' content data may be lost. House Facks officers, directors, agents and employees assume no liability for lost data. House Facks strongly encourages users to be proactive in backing up their report writing data through whatever means they find easiest (download House Facks web pages, etc.) on a regular basis. House Facks officers, directors, agents and employees assume no obligation to provide this data in any other form than presenting it on the standard web pages found on their site. Additionally, House Facks officers, directors, agents and employees assume no obligation to provide this data to users who's accounts have been made inactive for the reasons mentioned in this Terms of Use document, and where the user is no longer able to access House Facks web pages due to having an inactive account.
Appropriateness of report content
The House Facks service is intended to allow home inspectors to publish home inspection reports for their clients. Reports published by any and all House Facks users may be reviewed at any time by House Facks employees. House Facks reserves the right to make any published report inaccessible to the public, and to deactivate or disable any user's account if content (text or graphic images) in a report is found to be offensive or inappropriate as deemed by House Facks officers, directors or employees.
Changes to the way House Facks works
The House Facks service may change in appearance and functionality from time to time as a result of software "bugs" being fixed, or as upgrades to the service are implemented. We reserve the right to make these changes at any time and are under no obligation to revert the service to earlier versions.
Outages
Our highest priority is your ability to provide quality reports to your clients on a timely basis. However, House Facks occasionally experiences outages during which reports cannot be written or accessed. When these outages occur, we will make every effort to restore normal functionality to our site as quickly as possible. House Facks assumes no liability for you or your clients' inability to access our site during these times.
Scheduled downtime House Facks periodically schedules system downtime for maintenance and other purposes. This scheduled downtime is not covered by this policy. Scheduled downtime notices will be published on the House Facks Home page prior to its occurrence.
License
Solely to enable House Facks to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in your Information, in any media now known or not currently known, with respect to your Information. House Facks will only use your Information in accordance with our Privacy Policy.
Access and interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the House Facks site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of House Facks.
Breach
Without limiting other remedies, we may immediately remove your reports, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, viewers of your reports, or us.
Privacy
We do not sell or rent your personal information to third parties for marketing purposes and we only use your information as described in the Privacy Policy. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
No warranty
WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability limit
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). WE, OUR EMPLOYEES AND SUPPLIERS ASSUME NO LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No agency
You and House Facks are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by House Facks to collect our fees and/or recover damages for, or obtain an injunction relating to, the House Facks site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Albany, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or House Facks may seek any interim or preliminary relief from a court of competent jurisdiction in Albany, New York necessary to protect the rights or property of you or House Facks pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $100,000.00.
General This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by House Facks, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections "Fees and services" with respect to fees owed for our services, "House Facks is a venue", "Ownership and availability of content", "License", "Access and Interference", "Liability Limit", "Indemnity' and "Arbitration" shall survive any termination or expiration of this Agreement.