Terms of use
These terms of use (“Terms”) constitute a legal agreement between people or companies (Users) who wish to hire Inspection Services and GET INSPECTORS, and between Inspection Service Providers (Freelancers and TIC Companies) and GET INSPECTORS. These terms govern the use of our service platform that facilitates communications between Users and Freelancers, and is offered through our website, at www.getinspectors.com, as may be modified, relocated or redirected from time to time, and the mobile applications that we offer. Our services, platform, website and mobile applications are collectively referred to as the “GET INSPECTORS Website”. The terms “you”, “your” or “yours” refer to the User or Inspection Services Providers as appropriate.
Vocabulary
– Freelancer: provider of inspection services with or without an incorporated company;
– TIC Company: company providing inspection services;
– Users: person or company seeking to hire inspection services through the GET INSPECTORS website;
– Clients (from the GET INSPECTORS website): Freelancers, TIC Companies and Users;
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU BEGIN TO USE THE SERVICES. In these terms, the terms “included” and “include” mean “included, for illustrative and non-exhaustive purposes”.
Your access and use of the GET INSPECTORS Website constitutes your agreement to comply with these Terms, which establish a contractual relationship between you and GET INSPECTORS. If you do not accept these Terms, you will not be able to access the GET INSPECTORS Website or use it. These Terms expressly replace previous contracts or agreements with you. GET INSPECTORS may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the GET INSPECTORS Site or any parts thereof, at any time and for any reason.
GET INSPECTORS may modify the Terms related to the GET INSPECTORS Website from time to time. Modifications will be effective upon publication by GET INSPECTORS of the updated Terms in this section, or of the modified policies or supplementary terms of the corresponding service(s). Your continued access or use of the GET INSPECTORS Site after this posting constitutes your agreement to be bound by the Terms and their modifications:
• Your approval that the GET INSPECTORS Site is provided “as is” and without warranty (Section 6.A).
• Your approval that the GET INSPECTORS Website is solely a communications platform that provides a method for procuring Freelance Services, that all Freelance Services are performed by third parties and that GET INSPECTORS has no responsibility whatsoever for the Freelancer Services or TIC Companies or the acts or omissions of third parties (Section 2.A).
• Your approval to release GET INSPECTORS from all liability arising from claims relating to the GET INSPECTORS Site or otherwise (Section 6.B).
• You agree to hold GET INSPECTORS harmless from claims arising from your use, misuse or inability to use the GET INSPECTORS Website or Freelance Services, your failure to comply with this Agreement, applicable laws or third party rights, and the content or information sent from your account to the GET INSPECTORS Website (Section 6.C).
• Your agreement that either party has the right to seek binding arbitration (Section 7.B).
• You agree that no claim may be adjudicated as a class action (Section 7.A).
• You consent to the capture, use, disclosure and transfer of your data as indicated in the Privacy Policy, with its opportune modifications.
2. THE SERVICES
The. THE GET INSPECTORS WEBSITE IS JUST A PLACE.
The GET INSPECTORS Website is a computer marketplace where Customers can identify themselves and buy and sell services online. These specific services requested by Users, which must be carried out by Freelancers or TIC Companies, are referred to below as “Inspection Services”. In accordance with the terms of this Agreement, GET INSPECTORS offers services to Customers, including hosting and maintenance of the GET INSPECTORS Website, and allows the conclusion of contracts between them. When a user and a Freelancer or TIC Company enter into a Contract with each other in accordance with subsection B below, they use the GET INSPECTORS Website to engage, communicate, invoice and pay online.
GET INSPECTORS may contact Customers through the WhatsApp instant messaging application or through its messaging channel on the GET INSPECTORS website platform itself. In the case of contact via Whatsapp, our representatives are identified with the GET INSPECTORS identity. We do not ask for any payment, sharing of passwords or access data, if you are suspicious, please contact support.
GET INSPECT ORS does not provide Inspection Services itself. The provision of all Inspection Services depends on Freelancers and TIC Companies. GET INSPECTORS, THROUGH THE GET INSPECTORS APPLICATION, PROVIDES INFORMATION AND A METHOD FOR OBTAINING THESE INSPECTION SERVICES, BUT DOES NOT OFFER AND DOES NOT INTEND TO OFFER SUCH SERVICES, AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE INSPECTION SERVICES AND/OR THE WORK PRODUCT THAT FREELANCERS or TIC COMPANIES INCLUDE, FOR AN EXCLUSIVE AND NON-FARRANTY, GUARANTEES OF SUITABILITY FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS, REGULATIONS OR CODES. GET INSPECTORS IS NOT AFFILIATED, ENDORSED OR SPONSORED BY ANY EXTERNAL PROVIDER.
B. SERVICES BETWEEN CUSTOMERS.
When the User awards an Inspection Service to a Freelancer or TIC Company on the GET INSPECTORS Website, it will be considered that the User and the Freelancer or TIC Company have entered into a contract (the “Contract between Clients”), by virtue of from which the User agrees to purchase and the Freelancer or TIC Company agrees to deliver the Inspection Services. The Contracting User (“Contractor”) and the Inspection Service Provider (Freelancer or TIC Company) may enter into an agreement between them apart from these Terms, as long as they do not enter into anything contradTICory to these Terms.
You are solely responsible for ensuring compliance with your obligations towards Inspection Service Providers (Freelancer or TIC Company). If you do not do so, it is possible that you will be responsible to those in question. You must ensure that you are aware of all national laws (including those under Anglo-Saxon law), international laws, rules, ordinances and regulations relating to you as a User or any other use you make of the GET INSPECTORS Website.
If an Inspection Service Provider fails to fulfill any obligation to you, or causes damage to you, your property or your rights, you are solely responsible for exercising any rights you might otherwise have. For the avoidance of doubt, we have no liability for exercising rights under a User Agreement or for damage to your person, property or rights caused by a Freelancer.
Depending on their jurisdTICion, Customers may have rights under legal guarantees that cannot be legally excluded. Nothing in these Terms is intended to invalidate rights that cannot be excluded under applicable law.
Each Customer acknowledges and accepts that the relationship between the User and any Inspection Service Provider is that of an independent contractor. Nothing in these Terms creates an association, joint venture, agency or employment relationship between Users and the Inspection Service Providers. Nothing in these Terms shall be construed as constituting a joint venture, association or employer-employee relationship between GET INSPECTORS and any User, Freelancer or TIC Company.
w. User Deliveries.
User grants Inspection Service Provider a limited, non-exclusive, revocable right (at User’s sole discretion at any time) to use User Deliverables as necessary to provide the Services. The User reserves all rights and interests, including, by way of example and without limitation, all intellectual property rights, in relation to the User’s Deliveries. Upon fulfillment or termination of the Services Agreement, or prior written request by the User, the Inspection Service Provider shall immediately return all User Deliveries to the User, and further undertake to eliminate all copies of the User Deliveries. User and Work Product located on Inspection Service Provider’s facilities, systems or other personnel, or otherwise under Inspection Service Provider’s domain. The User has a period of 15 calendar days to comment on the Inspection Service Provider’s deliveries. If the User remains indifferent to this delivery from the Inspection Service Providers, it will be understood as tacitly accepted, releasing the funds equivalent to it.
d. USER VETO.
Customers may be subject to a vetting process before being able to register while using the GET INSPECTORS Site. GET INSPECTORS may perform background checks on Customers, GET INSPECTORS cannot confirm that each Customer is who they claim to be and therefore cannot and does not assume any responsibility for the accuracy or veracity of identity, background check information or for the information provided through the GET INSPECTORS website.
BY USING THE GET INSPECTORS APPLICATION, YOU AGREE TO RELEASE GET INSPECTORS FROM ALL LIABILITY OR DAMAGE THAT MAY ARISE FROM THE PROFESSIONAL SERVICES. GET INSPECTORS IS NOT RESPONSIBLE FOR THE CONDUCT , WHETHER ONLINE OR OTHERWISE, FROM ANY CUSTOMER, INCLUDING EXTERNAL PROVIDERS, AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE INSPECTION SERVICES.
It is. LICENSE.
Subject to your compliance with these Terms, GET INSPECTORS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the GET INSPECTORS Site on your personal device solely in connection with your use of the Site from GET INSPECTORS; and (ii) access and use any content, information and related materials that may be available through the GET INSPECTORS Website, in each case solely for your personal and non-commercial use. GET INSPECTORS and GET INSPECTORS’ licensors reserve all rights not expressly granted in this agreement.
g. RESTRTICIONS.
You may not: (i) delete copyright or trademark notices or other intellectual property notices from any part of the GET INSPECTORS Site; (ii) reproduce, modify, create derivative works, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, transmit, publish, broadcast or otherwise exploit the GET INSPECTORS Website, except as permitted expressly by GET INSPECTORS; (iii) decompile, reverse engineer or disassemble the GET INSPECTORS Site, except as permitted by applicable law; (iv) link to, duplicate or use landmarks in any part of the GET INSPECTORS Site; (v) introduce or implement programs or sequences of commands in order to extract information, index, scan or otherwise perform data mining on any part of the GET INSPECTORS Site, or unduly hinder or impede the operation and/or functionality of any appearance of the GET INSPECTORS Website; nor (vi) attempt to gain unauthorized access to or affect any aspect of the GET INSPECTORS Site or its related systems or networks.
H. THIRD PARTY SERVICES AND CONTENT.
It is possible that you can access the GET INSPECTORS Website or that the Website is available in relation to third-party services and content (advertising included) that GET INSPECTORS does not control. You acknowledge that other terms of use and privacy policies may apply to your use of third-party services or content. GET INSPECTORS makes no guarantees regarding third-party services or content.
i. PROPERTY.
The GET INSPECTORS Website and all rights therein are and will remain the property of GET INSPECTORS or GET INSPECTORS’ licensors. Neither these Terms nor your use of the GET INSPECTORS Website will transfer or grant you any rights: (i) in or related to the GET INSPECTORS Website, except for the limited license previously granted; nor (ii) to use or reference in any manner the company names, logos, product and service names, trademarks or service marks of GET INSPECTORS or GET INSPECTORS’ licensors.
3. USE OF THE SERVICES
The. ACCOUNTS.
In order to use most aspects of the GET INSPECTORS Site, you must register for and maintain a personal and active user services account (“Account”). You must be at least 18 years of age, or have reached the legal age of majority in your jurisdTICion (if not 18), to obtain an account. Account registration requires you to submit certain personal information to GET INSPECTORS, such as your name, address, cell phone number and age, as well as at least one valid payment method (a credit card or accepted payment provider). . You agree to maintain accurate, complete and updated information in your Account. Failure to maintain accurate, complete and up-to-date Account information, which includes having an invalid or expired payment method registered, may result in you being unable to access and use the GET INSPECTORS Website or the termination of this Agreement with you. by GET INSPECTORS. You are responsible for all activity that takes place under your Account, and you agree to maintain the security and confidentiality of your Account username and password at all times. Unless GET INSPECTORS permits otherwise in writing, you may only have one Account. Inspection Service Provider profiles must accurately reflect their experience, skills and personal information.
B. USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under 18 years of age. You may not authorize third parties to use your Account, and you may not permit persons under the age of 18 to receive or offer Inspection Services unless they are in your company. You may not assign or otherwise transfer your Account to any person or entity. You agree to comply with all applicable laws when using the GET INSPECTORS Website (including, by way of example and not limited to, all applicable labor laws), and you may only use the GET INSPECTORS Website for lawful purposes (e.g., it is not permitted to use it for transportation of dangerous or illicit materials). During your use of the GET INSPECTORS Website, you will not cause problems, annoyance, inconvenience or damage to property, whether with respect to the Inspection Service Providers or any other party. In some cases, you may be asked to prove your identity to access or use the GET INSPECTORS Website, and you accept that your access to the GET INSPECTORS Website will be denied if you refuse to prove your identity.
w. ACCEPTABLE USE.
During the term of this Agreement, you may use the GET INSPECTORS Site solely for your personal use (or for the use of a person, including a company or other organization, which you validly represent). You may use the GET INSPECTORS Website to contract Inspection Services only in relation to the location where you are legally authorized to receive or offer these services. You may not use the GET INSPECTORS Website for any other purpose or in connection with any other commercial activity without our express prior written consent. You may not use the GET INSPECTORS Website in violation of laws, rules, orders or regulations. You accept that a request for Inspection Services constitutes an offer, which is deemed accepted only when you receive confirmation of the request. You agree that you will treat Inspection Service Providers in a courteous and lawful manner, and that you will reasonably cooperate with them to enable them to offer Inspection Services. Inspection Service Providers agree that they will offer Inspection Services once they have accepted a request in a professional and quality-assured manner, and that they will provide these services in a courteous and lawful manner, and making the best use of their abilities, and who will accept requests only if you are qualified and capable of performing such services.
The GET INSPECTORS Site may contain profiles, electronic email systems, blogs, message boards, solicitations, job postings, chat areas, news groups, forums, communities and/or other spaces for messages or communications (“Community Areas”) that allow you to communicate with other users. You may use these community areas only to send and receive messages and materials that are relevant and appropriate for each particular forum. You must NOT use the GET INSPECTORS Website (including, by way of example and not limited to, any Community Area) to do the following:
• Defame, abuse, accuse, attack, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity, among others) of others, including GET INSPECTORS personnel.
• Publish, advertise, upload, distribute or disseminate indecent, defamatory, infringing, obscene or illegal topics, names, materials or information, nor materials, information or content that involve the sale of counterfeit or stolen items.
• Use the GET INSPECTORS Website or Inspection Services for any purpose or in any manner that violates local, state, national or international law.
• Upload files that contain software or other material that infringes the intellectual property rights (or rights of privacy or publicity) of third parties.
• Upload files that contain viruses, trojans, corrupt files or any other similar software that may cause damage to the operation of another computer.
• Publish or upload content for which you have not obtained the necessary rights or permissions to use it.
• Advertising or offering to sell any product or service for commercial purposes through the GET INSPECTORS Website that does not correspond to the services offered through the GET INSPECTORS Website.
• Conduct or send polls, contests, pyramid schemes or chain letters.
• Impersonate another person or user, or allow another person or entity to use your identity to post or view comments or otherwise use your account.
• Posting the same note repeatedly (junk messages or “Spam”). Sending Spam is strTICly prohibited.
• Download files posted by other users when the user has or reasonably should have known that they cannot be legally distributed through the GET INSPECTORS Website.
• RestrTIC or inhibit other users from using and enjoying the Community Areas.
• Implying or asserting that the statements you make are guaranteed by GET INSPECTORS, without the prior written consent of GET INSPECTORS.
• Use a robot, web spider, manual processes and/or u machines or devices to perform data mining, crawling, extract information or index the GET INSPECTORS Site in any way.
• Hack or interfere with the GET INSPECTORS Website, its servers or any connected network.
• Adapt, alter, license, sublicense or translate the GET INSPECTORS Site for your own personal or commercial use.
• Delete or alter, visually or otherwise, copyrights, proprietary trademarks and intellectual property rights that are the property of GET INSPECTORS.
• Upload content that is offensive and/or causes harm, including, by way of example and without limitation, content that defends, ensures, approves or promotes racism, intolerance, hatred or physical harm of any kind against individuals or groups of individuals.
• Upload content that offers materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
• Use the GET INSPECTORS Site to recruit for other businesses, sites or services, or otherwise contact users for employment, hiring or other purposes unrelated to your use of the GET INSPECTORS Site as set forth in this Agreement .
• Use the GET INSPECTORS Website to collect usernames and/or email addresses of users by electronic or other means.
• Register with another username or identity after your account has been canceled or closed.
You understand that all posts you make on the GET INSPECTORS Site will be public and that you will be publicly identified by your name or login ID, and that GET INSPECTORS will not be responsible for the actions of users with respect to information or other materials published.
d. CONTENT PROVIDED BY CUSTOMERS.
GET INSPECTORS may, at its sole discretion, allow you (whether User or Freelancer) to timely send, upload, publish or otherwise make available to GET INSPECTORS through the GET INSPECTORS Website information and content in written, audio and/or or visual, which includes comments and opinions relating to the GET INSPECTORS Website, initiating requests for assistance, and posting entries for competitions and promotions (“Content”). All content provided by you remains your property. However, by providing Content to GET INSPECTORS, you grant GET INSPECTORS a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, reproduce, modify, distribute, publicly display and publicly perform such Content in any format or distribution channel currently known or developed in the future in order to provide services through the GET INSPECTORS Website or otherwise in connection with the GET INSPECTORS business; provided that GET INSPECTORS will attempt to notify you if it will use your Content for any reason other than publishing it on the GET INSPECTORS Website.
You represent and warrant to GET INSPECTORS that you are the sole and exclusive owner of all Content or that you have all rights, licenses, consents and authorizations necessary to grant to GET INSPECTORS the license to the Content as set forth above, and that your Content: (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe the copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy of any third party; (d) will not violate any law, rule, order or regulation (including, by way of example and without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or misleading advertising); (e) will not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain viruses, trojans, computer worms, logic bombs, cancel robots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not generate any liability on the part of GET INSPECTORS nor will it cause the loss (total or partial) on the part of GET INSPECTORS of the services of its internet service providers or other partners or providers. GET INSPECTORS may review, control or eliminate Content at its sole discretion —but has no obligation to do so—, at any time and for any reason, without having to send you any notice.
f. DEVICES AND NETWORK ACCESS.
You are responsible for obtaining the data network access necessary to use the GET INSPECTORS WebSite. Fees and charges for data and messages from your mobile network may apply if you access or use the GET INSPECTORS Website from a wireless-capable device. You are responsible for purchasing and updating compatible devices or hardware necessary to access and use the GET INSPECTORS Applications and Website and any updates made to them. GET INSPECTORS does not guarantee that the GET INSPECTORS Site or any of its parts will function on any particular device or hardware. Even so, the GET INSPECTORS Website may experience malfunctions or delays inherent to the use of the Internet and electronic communications.
4. PAYMENT
Users understand that use of the GET INSPECTORS Website may incur charges for services or products they receive from an Inspection Service Provider (“Charges”). After a User has received services or products obtained through the use of the Service, GET INSPECTORS will collect the payment you have made for the corresponding charges on behalf of the Inspection Service Provider, as a collection agent. Payment made in this way shall be considered in the same way as payment made directly by the User to the Inspection Service Provider. Charges will include applicable taxes, according to law. Charges paid by User are final and non-refundable unless GET INSPECTORS, in its discretion, determines otherwise (see also the last paragraph of this Section 4). User and Inspection Service Provider each retain the right to request a modification of the Charges for services or products received by User from Inspection Service Provider, and such modified Charges for a particular service or product will become new Charges if such modification is accepted by the User and the Inspection Service Provider.
All Charges must be paid immediately, and payment will be collected by GET INSPECTORS through the preferred payment method indicated in the User’s Account, whereby GET INSPECTORS will send the User a receipt via email. If it is determined that the primary payment method in your Account has expired, is invalid, or for any other reason cannot be used for billing, you agree that GET INSPECTORS may, in its capacity as a limited billing agent for Inspection Service Provider, use a secondary payment method in the User Account, if available. Inspection Service Provider agrees that GET INSPECTORS will act as its billing agent pursuant to this Section 4. Subject to GET INSPECTORS’s rights under these Terms (including the following paragraph), GET INSPECTORS will generally require payment of a User prior to the provision of the corresponding Freelance Service and will remit payment to the Freelancer after the User has confirmed that the Inspection Service has been carried out; it being understood that, notwithstanding anything to the contrary contained in these Terms, GET INSPECTORS will in no case be responsible for non-payment or delay in payments by Users.
In accordance with Sections 6 and 7 of these Terms (concerning limitation of liability, GET INSPECTORS’ indemnity, and GET INSPECTORS’s right to choose whether or not to become involved in disputes between Users and Inspection Service Providers), in your relationship with GET INSPECTORS, GET INSPECTORS reserves the right to (i) establish, eliminate and/or review Charges for any service or product obtained through the use of the GET INSPECTORS Site at any time and in its sole discretion and (ii) determine the manner in which it will dispose of any payment received by GET INSPECTORS from a User in the event of a dispute between the User and the Inspection Service Provider, including the possibility of remitting such payment to the Inspection Service Provider, returning a payment to the User or withhold such payment in escrow until the dispute is resolved through judicial or other proceedings. Furthermore, you acknowledge and accept that Charges applicable in certain geographic areas may increase significantly during times of high demand. GET INSPECTORS will take reasonable steps to inform you of the Charges that may apply. GET INSPECTORS may, when it deems it opportune, offer certain Users promotional offers and discounts that may result in different amounts being charged for the same or similar services or products obtained through the use of the GET INSPECTORS Website, and you accept that these offers and Promotional discounts, unless they are also made available to you or applicable to you, will not apply to your use of the GET INSPECTORS Website or the Charges that apply to you. Users can choose to cancel requests for services or products from an Inspection Service Provider at any time, in which case Users may be subject to a cancellation charge.
5. INTELLECTUAL PROPERTY; COPYRIGHT; CONFIDENTIALITY
The. INTELLECTUAL PROPERTY RIGHTS.
All text, graphics, editorial content, data, format, graphics, designs, HTML language, look and feel, photographs, music, sounds, images, software, videos , fonts and other content (collectively, “Proprietary Material”) that you view or read through the GET INSPECTORS Site is the property of GET INSPECTORS, except for Content that GET INSPECTORS has the right to use as described above. The Proprietary Material is protected in all forms, media and technologies now known or developed in the future. GET INSPECTORS owns all Proprietary Material and the coordination, selection, arrangement and enhancement of such Proprietary Material as a Collective Work under the United States Copyright Law, as amended. Exclusive Material is protected by national and international laws regarding copyright, patents and other intellectual property rights and laws. You may not copy, download, use, redesign, reconfigure or retransmit any element of the GET INSPECTORS Website without the prior express written consent of GET INSPECTORS and, if applicable, the holder of the rights to the Content. Any use of this Exclusive Material, except as permitted hereunder, is expressly prohibited without the prior permission of GET INSPECTORS and, if applicable, the holder of the rights to the Content.
The service marks and trademarks of GET INSPECTORS, including, by way of example and not limited to, “GET INSPECTORS” and the GET INSPECTORS logos are service marks owned by GET INSPECTORS. Any other trademarks, service marks, logos and/or trade names appearing on the GET INSPECTORS Site are the property of their respective owners. You may not copy or use any of these trademarks, logos or trade names appearing on the GET INSPECTORS Website without the express prior written consent of the owner.
B. Copyright Complaints and Copyright Agents.
GET INSPECTORS respects intellectual property, and expects users to do the same. If you believe in good faith that any of the materials provided on or about the GET INSPECTORS Website infringe your copyright or other intellectual property rights, please submit the information through your GET INSPECTORS Website Account.
(i) Identification of the intellectual property right that you claim has been infringed. All pertinent registration numbers, or a statement of ownership of the work, must be included.
(ii) A statement that specifically identifies the location of the material that you claim is infringing your rights, with sufficient detail so that GET INSPECTORS can find it on the GET INSPECTORS Site. Please note that it is not enough to simply provide a top-level URL.
(iii) Your name, address, telephone number and email address.
(iv) A statement by you indicating that you have a good faith belief that use of the material that allegedly violates your rights is authorized by the rights owner, its agent, or the law.
(v) A statement by you, under penalty of perjury, that the information included in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(vi) A physical or electronic signature of the copyright owner or the person authorized to act on the copyright owner’s behalf.
w. CONFIDENTIAL INFORMATION.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of GET INSPECTORS and agree that you will not disclose, transfer, use (or attempt to induce others to disclose, transfer or use) Confidential Information for purposes that other than disclosure to its employees and authorized agents who are obliged to maintain the confidentiality of Confidential Information. You must notify GET INSPECTORS in writing immediately of any circumstances that may constitute an unauthorized disclosure, transfer or use of Confidential Information. You must do everything possible to protect Confidential Information. You must do everything possible to protect Confidential Information from unauthorized disclosure, transfer, or use. You must return all originals and any copies of materials that contain Confidential Information to GET INSPECTORS at the time of termination of this Agreement for any reason. The term “Confidential Information” shall refer to all trade secrets and confidential and proprietary information of GET INSPECTORS and all other information and data of GET INSPECTORS that, generally, is not known to the public or to third parties who may obtain a value, economic or otherwise, with its use or disclosure. Confidential Information will be considered to include technical data, know-how, studies, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, configuration information hardware, marketing, financial or other commercial information disclosed directly or indirectly in writing, orally or through drawings or observations.
6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
The. DISCLAIMER OF LIABILITY.
The products and services purchased or offered (whether through recommendations and suggestions or not) through the GET INSPECTORS Website (including, by way of example and not limited to, Freelance Services) (“GET INSPECTORS Services”) are offered “AS IS” AS FOUND” and without any warranty of any kind from GET INSPECTORS or other persons (unless, with respect to such other persons only, it has been expressly and unambiguously offered in writing by a designated third party for a specific product ). GET INSPECTORS SERVICES ARE PROVIDED “AS IS” AND “SUBJECT TO AVAILABILITY”. THE CUSTOMER’S USE OF GET INSPECTORS’ SERVICES IS AT THE CUSTOMER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GET INSPECTORS SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR SALE, FITNESS FOR A PARTICULAR PURPOSE OR LEGALITY. WITHOUT LIMITING THE FOREGOING, GET INSPECTORS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET USER REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT A PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR IN A SECURE MANNER; THAT DEFECTS OR ERRORS WILL BE CORRECTED; NOR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GET INSPECTORS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR SKILLS OF INSPECTION SERVICE PROVIDERS. YOU ACKNOWLEDGE THAT THE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND THE SERVICES OR PRODUCTS REQUESTED IN CONNECTION THEREWITH IS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE THAT GET INSPECTORS SHALL NOT BE RESPONSIBLE FOR YOUR ACTIONS OR INACTIONS OR THE ACTIONS OR INACTIONS OF ANY USER OR INSPECTION SERVICE PROVIDERS.
B. LIMITATION OF LIABILITY.
GET INSPECTORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHICH INCLUDE LOSS OF FUNDS, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE, IN CONNECTION WITH OR OTHERWISE THE USE OF THE SERVICES CONSEQUENCES THEREOF, INCLUDING IF GET INSPECTORS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. GET INSPECTORS SHALL NOT BE LIABLE FOR DAMAGES, INJURY OR LOSSES ARISING FROM: (i) YOUR PROVISION, USE OF OR DEPENDENCE ON GET INSPECTORS SERVICES, OR YOUR INABILITY TO ACCESS OR USE GET INSPECTORS SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY INSPECTION SERVICE PROVIDER, EVEN IF GET INSPECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GET INSPECTORS SHALL NOT BE RESPONSIBLE FOR DELAY OR NON-PERFORMANCE THAT RESULTS FROM CAUSES EXCEEDING GET INSPECTORS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT INSPECTION SERVICE PROVIDERS MAY NOT HAVE PROFESSIONAL LICENSES OR AUTHORIZATIONS.
IN NO EVENT SHALL GET INSPECTORS’ TOTAL LIABILITY FOR ANY DAMAGES, LOSSES (DIRECT OR INDIRECT) AND CAUSES OF ACTION EXCEED THE CHARGES RECEIVED BY GET INSPECTORS FOR THE INSPECTION SERVICE GIVING THE CLAIM.
w. INDEMNITY.
You agree to release from any responsibility and hold GET INSPECTORS and its officers, directors, employees and agents harmless from any claims, demands, losses, liabilities and expenses (including, by way of example and not limited to, attorneys’ fees) arising or relate to: (i) your use of the GET INSPECTORS Website or the services or products obtained or provided or sold through your use of the GET INSPECTORS Website, including any content transmitted or received by you, or your access to or use of the Website of GET INSPECTORS by a third party with your number username and password; (ii) your non-compliance with or violation of any of these Terms or applicable laws, rules or regulations (including, by way of example and without limitation, laws on tax or professional matters); (iii) GET INSPECTORS’ use of your Content; o (iv) your violation of the rights of third parties, including Freelancers, TIC Companies or Users.
7. DISPUTES BETWEEN USERS AND INSPECTION SERVICE PROVIDERS
Your interactions with organizations and/or individuals found on or through the GET INSPECTORS Site, including payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with these communications, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or relevant to any online or offline transaction with any of these third parties. You agree that GET INSPECTORS will not be responsible for any loss or damage of any kind arising as a result of such communications.
If there is any dispute between Users and Inspection Service Providers, you agree that GET INSPECTORS, in its sole discretion, may determine the amount of the Charges and to whom to send them in accordance with Section 4, with the understanding that GET INSPECTORS in no event shall you be under any obligation to become involved in such disputes. In relation to disputes with other Users, TIC Companies or Freelancers, you hereby agree to keep GET INSPECTORS free from complaints, demands and damages, real and consequential, of any kind and nature, known and unknown, that relate with such dispute or our determinations therein.
8. DISPUTES WITH GET INSPECTORS
The. DISMISSAL OF JUDGMENT.
You agree that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms or your use of the GET INSPECTORS Website (collectively, “Disputes ”) will be resolved through binding arbitration between you and GET INSPECTORS, except that each party reserves the right to bring an individual action in court for minor issues and the right to seek injunctive relief or other equitable relief in a court of competent jurisdTICion to prevent the actual or threatened infringement, misappropriation or violation of any party’s copyrights, trademarks, patents or other intellectual property rights. You acknowledge and agree that you and GET INSPECTORS are each waiving the right to a jury trial or to participate as a plaintiff or party to any purported class action or representative action. Furthermore, unless you and GET INSPECTORS agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, nor may you resolve class-wide claims or representative actions of any kind. If this particular paragraph is found to be invalid, then the entirety of this “Dispute Resolution” section will be deemed void. Except as set forth in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
B. INFORMAL NEGOTIATION.
To expedite resolution and reduce the cost of any dispute, controversy or claim relating to this Agreement or otherwise arising out of the relationship between you and GET INSPECTORS, you agree as a first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. These informal negotiations will begin upon written notice. Your address for the purposes of these notifications will be the address indicated in your GET INSPECTORS account.
9. OTHER PROVISIONS
The. NOTIFICATIONS.
GET INSPECTORS may send notifications through a general notification on the GET INSPECTORS Website, by email to the email address shown in your Account. You may send notices to GET INSPECTORS at any time by email, and such notices will be considered completed when received by the opposing party.
w. PREDOMINANT LANGUAGE.
The English language version of this Agreement will prevail in all respects and in the event of any conflTIC with translated versions, if any.
d. GENERAL.
You may not assign these Terms without the prior written approval of GET INSPECTORS. Any attempted assignment that does not comply with this section will be void. There is no joint venture, association, employment relationship or agency relationship between you and GET INSPECTORS as a result of this Agreement or use of the GET INSPECTORS Site. If any provision of these Terms is found to be invalid or unenforceable, such provision will be eliminated and the remaining provisions will retain their validity to the maximum extent permitted by law. OK. The failure of GET INSPECTORS to exercise any right or provision in these Terms will not constitute a waiver of such right or provision unless GET INSPECTORS acknowledges and accepts it in writing.
BY CLICKING “I ACCEPT”, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND TAKEN ACTIONS TO SERIOUSLY CONSIDER THE CONSEQUENCES OF THIS AGREEMENT, THAT YOU ARE UNDERTAKEN TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT WITH GET INSPECTORS.
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