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.
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