Terms Of Service
The Gist
We (the folks at Curry Inspection Services) run a service called CurryInspections.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as unlimited access to multiple inspection reports. Our service is designed to give you as much access to report information as possible. Please make sure you read through these terms of service and agree with them before you get started.
Terms of Service
The CurryInspections.com website ("Website") is a hosted service operated by Curry Inspection Services ("CIS"). Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to CIS's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.
Your CurryInspections.com Account and Data. If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify CIS of any unauthorized uses of your data, your account, or any other breaches of security. CIS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. CIS may from time to time set storage limits for your data, or take any other measures CIS considers appropriate to manage the Website. CIS will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the news panel you see when you log in to your CurryInspections.com account. If you exceed the storage limits, CIS may require you to reduce the storage you are using or pay additional fees. CIS may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, CIS may post news entries about its policy changes, and you may wish to check the news panel for CIS's announcements about any such changes.
Responsibility of Website Visitors. CIS has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, CIS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CIS disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CurryInspections.com links, and that link to CurryInspections.com. CIS does not have any control over those non-CurryInspections.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-CurryInspections.com website or webpage, CIS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CIS disclaims any responsibility for any harm resulting from your use of non-CurryInspections.com websites and webpages.
Copyright Infringement and DMCA Policy. As CIS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CurryInspections.com violates your copyright, you are encouraged to notify CIS in accordance with CIS's Digital Millennium Copyright Act ("DMCA") Policy. CIS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Trademarks. CIS, CurryInspections.com, the CurryInspections.com logo, and all other trademarks, service marks, graphics and logos used in connection with CurryInspections.com, or the Website are trademarks or registered trademarks of CIS or CIS's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CIS or third-party trademarks.
Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of CIS and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
Limitation of Warranties of CIS, Its Suppliers, and Its Licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and CIS, its suppliers, and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that CIS, its suppliers, and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Limitation of Liability of CIS, Its Suppliers, and Its Licensors. Except as otherwise expressly stated, in no event will CIS, its suppliers, or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if CIS, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against CIS, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to CIS during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 8 represents a reasonable allocation of risk.
General Representation and Warranty. You represent and warrant that your use of the Website will be in accordance with the CurryInspections.com Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
Indemnification. You agree to defend, indemnify and hold harmless CIS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
Miscellaneous. These Terms and Conditions constitute the entire agreement between CIS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CIS, or by the posting by CIS of a revised version. The sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms and Conditions, the Website, and/or the service (including your visit to or use of the Website and/or the service) shall be final and binding arbitration. Construction Arbitration Services, Inc under its Expedited Arbitration of Home Inspection Disputes Rules and Procedures shall conduct arbitration under this agreement. The decision of the arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms and Conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; CIS may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
