“HomeHubZone” means the HomeHubZone home inspection report generation solution, including all associated and related services and products, which is used to manage, track, and deliver home inspections, including online home inspection report delivery, provided by the Company. A list of the home inspection services and features available as part of HomeHubZone can be found at the following website: www.homehubzone.com/homegaugebetafeatures/
“Inspector” means an entity or individual providing home inspection services who purchases a subscription to HomeHubZone.
“You” means any individual or entity, whether an inspector, home buyer, real estate professional, or otherwise, who registers for an account with the Company to access and use the online HomeHubZone website.
- Copyright, Trademarks, Licenses and Submissions.
The entire contents, graphics, site design, logos, icons and images of HomeHubZone are protected by international copyright and trademark laws. The owners of the copyrights and trademarks, including any modifications of, and improvements to, and trade secrets are the Company and/or its affiliates or other appropriate parties. All HomeHubZone materials, including text, graphics, code and software, may not be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without the Company’s written consent. You may print and download portions of material from HomeHubZone solely for your personal and non-commercial purposes, provided You agree not to change or delete any copyright or proprietary notices from the materials. You hereby grant the Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information You submit to any public areas of the HomeHubZone website or other related website hosted by the Company.
The Company may provide links, advertisements or offerings of third party offerings, features, products, and programs (the “Third Party Content”) through HomeHubZone. The third party owner, author, or provider of Third Party Content retains all ownership and intellectual property rights in and to that content, and Your right to use such Third Party Content is subject to, and governed by, the terms applicable to such content as specified by such third party owner, author, or provider.
- User Account
With the creation of a HomeHubZone account and the completion of the HomeHubZone registration process, whether done by you or one of your representatives (such as an inspector or real estate agent), You will receive a password and account designation. You are responsible for maintaining the confidentiality of Your HomeHubZone password and account, and are fully responsible for all activities that occur under Your password and account. You agree to immediately notify the Company of any unauthorized use of Your password or account or any other breach of security.
Individuals or companies that are competitors of the Company or provide or produce competitive products to HomeHubZone, are forbidden and prohibited from completing the sign up process, obtaining a user account directly or indirectly, and are not allowed to view password protected areas.
- User Conduct
You shall not use HomeHubZone to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity; or (c) upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted by a user of HomeHubZone or third party, is the sole responsibility of the party from whom such Content originated. The Company does not control the Content posted and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via HomeHubZone.
- Third Party Web Sites, Content, Products and Services, and Disclaimer.
HomeHubZone may enable You to link to, transmit Content to, or otherwise access, other web sites, Content, products, services, and information of third parties. The Company does not control, and is not responsible for, such web sites or any such Content, products, services and information accessible from or provided through HomeHubZone, and You bear all risk associated with access to and use of such web sites and third party
Content, products, services and information. You hereby acknowledge and understand that Your voluntary access to third party web sites, Content, services, and information may, as a condition of access, whether in conjunction with a HomeHubZone offering or otherwise, subject You to acceptance of such third party’s terms and conditions of use and access. Any and all third party Content is provided on an “as-is” basis without any warranty of any kind.
You may be contacted by third parties when You have provided consent to such contact. Such third parties are not agents or representatives of the Company, and the Company does not control and is not responsible for the actions, communications, representations, and promises of such third parties. THE COMPANY IS NOT RESPONSIBLE FOR ANY THIRD PARTY OFFERS OR SERVICES RECEIVED BY YOU. You understand and agree that the Company will not be held liable for the actions of such third parties or from Your use of such third party products and services.
- Relationship between the Company and Inspectors
In no way is any Inspector an employee or agent of the Company by means of their use of HomeHubZone. All such Inspectors operate their own inspection business and retain all associated liabilities.
The Content of individual inspection reports made available via HomeHubZone is produced and provided by Inspectors and is not the opinion or responsibility of the Company. The Company is not responsible for any such Content.
The Company is in no way responsible for the actions or neglect of an Inspector, including any actions or neglect of an Inspector while the Inspector is performing a home inspection. You understand and agree that the Company shall not be liable for any actions of an Inspector or any other third parties you retained.
- No Warranty.
THE COMPANY AND THE COMPANY’S SUPPLIERS PROVIDE HOMEHUBZONE AND ALL RELATED SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY AND THE COMPANY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMTIED TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
- Limitation of Liability.
IN NO EVENT SHALL THE COMPANY OR THE COMPANY’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH HOMEHUBZONE, COMPANY’S SITE, COMPANY’S SERVICES OR THESE TERMS AND CONDITIONS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
IN ADDITION, THE COMPANY SHALL NOT BE LIABLE IN ANY RESPECT FOR FALSE REPRESENTATION ON YOUR PART, OR ON THE PART OF ANY OTHER INSPECTOR OR USER, UNAUTHORIZED ACCESS TO USER DATA, OR INTENTIONAL MISUSE OF THE DATA STEMMING FROM THE UNAUTHORIZED USE OF HOMEHUBZONE.
COMPANY’S SOLE LIABILITY RELATED TO THE USE OF HOMEHUBZONE AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO A REFUND OF THE AMOUNTS PAID TO USE HOMEHUBZONE OVER THE PRIOR TWELVE MONTHS AT COMPANY’S SOLE OPTION AND ELECTION OR TERMINATION.
You agree to indemnify and hold the Company and the Company’s affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms, or Your violation of any law or the rights of a third party.
- Data Collection, Use, and Disclosure.
The Company may use the personal information You provide to contact You for the purposes of customer service, customer feedback surveys, and obtaining consent to share Your information with third parties for the purposes of offering or soliciting home insurance or other products that might be of interest of You.
- Governing Law.
These Terms and Conditions shall be governed by the laws of the State of North Carolina without reference to its conflict of laws provisions and enrollee further consents to exclusive jurisdiction of state and federal courts sitting in the state of North Carolina.