Terms of Use
MyNJHomeInspector.com
Updated: January 1, 2009
The MyNJHomeInspector.com Web Site (the "Site") is an online information service provided by Garden
State Home Inspectors, LLC, subject to your compliance with the terms and conditions set forth below. PLEASE READ
THIS DOCUMENTCAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are MyNJHomeInspector.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE, VIDEO, AUDIO AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from the materials. You agree to grant to
MyNJHomeInspector.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
in all means and in any media now known or hereafter developed. You also grant to MyNJHomeInspector.com the right
to use your name in connection with the submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against
MyNJHomeInspector.com for any alleged or actual infringement or misappropriation of any proprietary right in your
communications.
Publications, information products, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of MyNJHomeInspector.com. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being
supplied by MyNJHomeInspector.com, MyNJHomeInspector.com does not operate, control or endorse any information,
products or services on the Internet in any way. Except for MyNJHomeInspector.com-identified information, products
or services, all information, products and services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with us. You also understand that we cannot and do not guarantee
or warrant that files available for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MyNJHomeInspector.com PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MyNJHomeInspector.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MyNJHomeInspector.com
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
MyNJHomeInspector.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MyNJHomeInspector.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF MyNJHomeInspector.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
MyNJHomeInspector.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MyNJHomeInspector.com makes no representations whatsoever about any other web site which you may access through
this one or which may link to this Site. When you access a non-MyNJHomeInspector.com web site, please understand
that it is independent from MyNJHomeInspector.com, and that MyNJHomeInspector.com has no control over the content
on that web site. In addition, a link to a non-MyNJHomeInspector.com web site does not mean that
MyNJHomeInspector.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless MyNJHomeInspector.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of
MyNJHomeInspector.com and its officers, directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of USA applicable to
agreements made and to be performed in USA. You agree that any legal action or proceeding between
MyNJHomeInspector.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States of
America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action is barred. MyNJHomeInspector.com's
failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. MyNJHomeInspector.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
|