Terms of Service
Thanks for using Inspector Works.
Please read this document carefully. By signing up or using Inspector Works, you’re agreeing to the Terms. This is a legal agreement.
- "Inspector Works" (or the “Service”) is a web app, mobile app and associated technology that allow you to record your inspection findings and present them to your clients.
- Inspector Works is owned and operated by Pacific Bend, LLC, an Ohio Limited Liability Company (or "Inspector Works", "we", "us" or "the Company").
- An "Inspection" refers to all data and activities associated with your inspection of a property, including text, photos, videos and other documents, and any Reports you produce for your client.
- As a customer of the Service, you are a “Subscriber” (or “you”).
- This document (the “Terms”) defines the terms and conditions under which you’re allowed to use Inspector Works.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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.
In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
The Term begins when you sign up and continues as long as you use the Service. Entering your username and clicking the sign up or sign in button means that you’ve officially “signed” the Terms.
Closing Your Account
You or we may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may terminate your access to all or any part of the Service at any time, with or without cause. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you don't use your Account for 12 months or more, we may assume that you have abandoned it, and permanently delete it and all its data.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement by posting it to our website and/or sending an email to your last known email address. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement, unless otherwise specified when the new features/services are made available.
Account and Password
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur within or from the account and any other actions taken in connection with it. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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. We do not have access to your password.
All pricing is posted on our Website, and may be changed with or without notice. We may or may not keep your pricing unchanged for a certain period, even when we raise pricing for new customers ("Grandfathering").
Monthly payments are due on the same day of the month you made your first payment, or the closest day of the month to that date. Unless you notify us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Pay as You Go Plans
Pay as you go payments are offered either as a post-pay or pre-pay system. In a post-pay system, you will be charged based on your use of the Service over the past week or month. Failure to pay for that usage can result in immediate suspension of your account. In a pre-pay system, you will buy credits in advance and use them up over a certain period of time, as you need them.
Per Transaction Plans
The Service provides invoicing and payment options for your clients to pay you. If you use this service, a per-transaction fee will be deducted from your client's payment before it is deposited in your financial account.
Rights and Responsibilites
This Agreement does not transfer from us to you any of our intellectual property or the intellectual property of any third parties, and all right, title and interest in and to such property will remain (as between the parties) solely with us. This includes, but is not limited to, patents, trademarks, service marks and copyrights.
We may view, copy, and internally distribute content from your Inspections, including the reports.
We may ask you for permission to use, on our Website or in other materials, the content of one or more of your Inspections. This content may include text, photos and videos, or any other components of the data associated with that Inspection. You may grant us permission or not, as you see fit, but you agree to respond in a timely manner to any such request.
If you believe that material located on or linked to by our Website violates your rights, you are encouraged to notify us immediately. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
You represent and warrant that you either own or have permission to use all of the material in your Reports and other communications to your clients through our Service, including text that you use to describe things in your Reports.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. We do not have any control over those other websites and webpages, and are not responsible for their contents or their use. By linking to another website or webpage, we do not represent or imply that we endorse 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. We disclaim any responsibility for any harm resulting from your use of other websites and webpages.
General Representation and Warranty
Limitation of Liability
In no event will we or our suppliers or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The Service is provided “as is.” We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Service at your own discretion and risk.
You agree to indemnify and hold harmless us, our contractors, and our 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 your violation of this Agreement.
This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of the owner, or by the posting by us of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Portage County, Ohio.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement 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 this Agreement 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This policy was last modified on June 25, 2014.