PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using this Web site (“Site”), you agree to the following terms and conditions which may be updated from time to time without notice to you. The following terms and conditions and any and all updates to these terms and conditions shall be collectively referred to herein as the “TAC”. You represent that you have read and agree to abide by all the TAC at all times while using this Site. You may not use this Site in any way that involves a failure to abide by the TAC. If you do not agree, do not use this Site.
You agree that you will not copy, distribute, republish, transmit, upload, post, display, modify, create derivative works or in any way exploit the intellectual property of The HomeTeam Inspection Service. (“HomeTeam”) or this Site itself, without the prior written consent of HomeTeam. EXCEPT: you may browse this Site and download one copy of the contents on one computer for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the contents for any other purpose violates HomeTeam’s intellectual property rights. You may not distribute, or otherwise make available to others, this one personal copy. The contents of this Site are provided for lawful purposes only.
LINKS TO OTHER SITES
HomeTeam may provide links to other Web sites or resources operated by third parties (including HomeTeam’s franchisees). Because HomeTeam has no control over such sites and resources, you acknowledge and agree that HomeTeam is not responsible for the availability of such sites or resources, does not endorse such sites or resources and is not responsible or liable for any content, advertising or other materials on or available from such sites or resources. You further acknowledge and agree that HomeTeam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access a linked third party site, you do so at your own risk.
This Site and all of its contents, including, but not limited to its text, photographs, images, illustrations, graphics, logos, formatting, audio, video, selection, arrangement and overall web site design and appearance (collectively, the “Intellectual Property”) are protected by copyright, trade dress, trademark and other laws of the United States, Canada and other countries. The Intellectual Property displayed on or as a part of this Site is owned and controlled by HomeTeam or the party credited as the provider of the Intellectual Property. If HomeTeam uses the Intellectual Property of another owner it is for descriptive purposes only and this property remains the property of those respective owners. Any mention of Intellectual Property held by a third party should not be construed as an affiliation of HomeTeam with the third party or as an endorsement of its products or services.
LIMITATION OF LIABILITY
HomeTeam HAS PROVIDED THIS SITE, AND ALL OF ITS CONTENTS, ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HomeTeam does not guarantee the accuracy of any of the content on this Site. Your reliance on any content on this Site is at your own risk. HomeTeam will not be liable for any damages or injury caused by, operation or use of this Site, including, but not limited to any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus, line failure, deletion, mis-delivery, failure to store any user communications or personalization settings or HomeTeam’s negligence. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HomeTeam SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HomeTeam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By using this Site, you agree to indemnify, defend and hold harmless HomeTeam and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, actions, liabilities, costs and expenses, including, but not limited to reasonable attorneys’ fees arising out of your breach of any provision of the TAC or any warranty you provide herein, or otherwise arising in any way out of your use of this Site. You will cooperate fully in the defense of such claim. HomeTeam reserves the right to control the defense of any such claim.
The TAC shall be governed by the laws of the State of Ohio, without regards to its conflict of laws provisions. You agree to submit to personal jurisdiction in the State of Ohio for any cause of action arising out of or related to the TAC or your use of this Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action with respect to the TAC or your use of this Site must be filed in Milford, Ohio within one year after the cause of action arises. HomeTeam controls and operates this Site from its headquarters at 575 Chamber Drive Milford, Ohio 45150 and makes no representation that the contents of this Site are appropriate or available for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The failure of HomeTeam to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. The headings in the TAC are for convenience only and have no legal or contractual effect.
CHANGES TO THESE TERMS AND CONDITIONS
HomeTeam reserves the right to change the TAC at any time. You should check this Site from time to time to see what changes have been made. By continuing to use this Site after a change is made, you accept and are bound by the modified TAC. Only HomeTeam may modify the TAC.
HomeTeam Inspection Service
575 Chamber Drive
Milford, OH 45150