The InterNACHI Inspection Narrative Library website located at http://hinarrative.homeinspectorsites.com/ (the “Site”) and the materials available for purchase on the Site are copyrighted works belonging to Kenton Shepard d/b/a Consul (“Consul”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
1.0 Access to the Site
1.4 No Support or Maintenance. You agree that Consul will have no obligation to provide you with any support or maintenance in connection with the Site.
2.0 Disclaimers and Releases
2.1 No Warranties. The site is provided on an “as-is” and “as available” basis, and Consul, and the International Association of Certified Home Inspectors (“InterNACHI”) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We do not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion or limitations on implied warranties, so the above exclusions and limitations may not apply to you.
2.2 General release and waiver. You hereby release and forever discharge Consul and InterNACHI and their our officers, employees, employers, agents, successors, vendors, licensors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
2.3 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties (“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Consul. Consul is not responsible for any Third-Party Links & Ads. Consul provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
3.0 Limitation on Liability
3.3 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
4.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Consul should be sent to:email@example.com. After the Notice is received, you and Consul may attempt to resolve the claim or dispute informally. If you and Consul do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
4.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
4.5 Time Limits. If you or Consul pursues arbitration, the arbitration action must be initiated and/ or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
4.7 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Consul in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
4.8 Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
4.9 Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
4.10 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
4.11 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Consul and the Site.
4.12 Small Claims Court. Notwithstanding the foregoing, either you or Consul may bring an individual action in small claims court.
4.13 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
4.14 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
4.15 Venue and Jurisdiction. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Boulder County, Colorado, for such purposes.
5.3 Electronic Communications. The communications between you and Consul use electronic means, whether you use the Site or send us emails, or whether Consul posts notices on the Site or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Consul in an electronic form; and, (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Consul provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
5.5 Severability. If any part or parts of these Terms and Conditions are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
5.6 Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.