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.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS and you represent that you have the authority and capacity to enter into that agreement. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE.

IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

1.0 Access to the Site

1.1 Subject to these Terms of Use. Consul grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own use.

1.2 Certain Restrictions. The rights approved to you in these Terms of Use are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and, (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms of Use. All copyright and other proprietary notices and materials purchased from the Site must be retained on all copies thereof.

1.3 Amendments. Consul reserves the right to change, suspend, or cease the Site without notice to you. These Terms and Conditions and the Privacy Policy may be amended at any time without notice to you. By using this site you agree that Consul will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

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.

2.4 Cookies and Web Beacons. The Site uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used subject to the Site Privacy Policy and to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

3.0 Limitation on Liability

3.1 Disclaimer of liability. To the maximum extent permitted by law, in no event shall Consul, InterNACHI or their suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms of Use, your use of, or incapability to use, the Site even if Consul or InterNACHI have been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to you, your device or computer system, or loss of data resulting therefrom.

3.2 Limitation on damages. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, Consul’s liability to you or any third party for any damages arising from or related to the use of the Site, will at all times be limited to a maximum of fifty U.S. dollars (US $50). The existence of more than one claim will not enlarge this limit. By using this site you expressly agree that this limitation on damages is no way unconscionable and that you have many options other than the Site which you may pursue if you do not agree to these Terms of Use. You agree that InterNACHI will have no liability of any kind arising from or relating to your use of the Site or this agreement.

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.

4.0 Arbitration

4.1 Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms of Use or the use of any product or service provided by Consul that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Consul and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, licensors, trademark holders and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.

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:kenton@internachi.org. 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.

4.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, or by an experienced lawyer or judge as may be mutually agreed upon by the parties. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Unless prohibited by law, any hearing will be held in Denver, Colorado. If venue in Denver, Colorado is not allowed by applicable law, the hearing will be held at a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

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.

4.6 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you, Consul, and any other parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Consul.

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.

5.0 General

5.1 Privacy Policy. By using this site, you agree to be bound by the terms of the Privacy Policy, which may be found at: http://hinarrative.homeinspectorsites.com/privacy-policy/.

5.2 Term and Termination. Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Consul will not have any liability whatsoever to you for any termination of your rights under these Terms of Use. Even after your rights under these Terms of Use are terminated, the following provisions of these Terms of Use will remain in effect: Sections 2 through 4.

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.

5.4 Entire Terms of Use. These Terms of Use and the Privacy Policy constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Consul’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Consul may freely assign these Terms of Use. The terms and conditions set forth in these Terms of Use shall be binding upon successors in interest and assignees.

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.

Contact Information
Kenton Shepard
Email: kenton@internachi.org