General: The "American Home Inspector Directory" website (americanhomeinspectordirectory.com) (the “Directory”) is the property of [Plank Enterprises, LLC, a Virginia limited liability company] (the “Company”). The Directory is provided to you, the user (“You” or the “User”) conditioned upon your acceptance of the terms set forth in this User Agreement between You and the Company (the “Agreement”). By accessing or using this Agreement, You expressly agree to all terms and conditions set forth herein. Your continued or further use of this site and/or the Directory will represent acceptance of any amendments to the Agreement. The Company reserves the right to amend this Agreement in whole or in part from time to time in its sole discretion and to terminate Your use of the site at any time for any reason without notice.
Directory: The goal for the Directory is to provide links and referrals to other Internet websites maintained by third parties. The Company does not maintain, operate or otherwise control any information or material displayed on such third party Internet websites. Links and pointers to third party websites are included solely for the convenience of the Users and do not constitute any recommendation or endorsement by the Company or the Directory. You, as the User, assume sole responsibility for the use of all third party websites and the information contained therein. The Directory does organize and present information from third parties in structured listings based solely upon fees paid by such third parties and not in reliance upon any direct knowledge of the reputation or skill of such third parties.
Duties: The Company and the Directory make no representation or warranty with respect to the quality of inspectors or any other referrals provided in the Directory. You must exercise Your independent judgment and discretion to select inspectors to perform inspections or other related services. You must contact all inspectors directly to make arrangements directly with the inspectors for providing home inspections or related services. The Company shall have no duty or responsibility with any arrangement or contract between You and any home inspector. The Company and the Directory expressly disclaim any warranty or other responsibility for the scope and quality of inspections or other work performed by any inspectors or other third parties identified in the Directory. The Company and the Directory also disclaim and offer no guaranty of the accuracy of information listed in the Directory. All inspectors are required to separately maintain their own information included by links from our Directory.
Information: All information posted to this website or the Directory and all information contained in the Directory is and shall become the property of the Company upon posting. You agree to use the Directory only as expressly permitted by this Agreement, as amended from time to time, and any additional policies or procedures published in this website and the Directory from time to time by the Company. All information You provide or post to this website, together with general information regarding Your use of this website, will only be disclosed by the Company as permitted herein. You expressly agree that the Company may share only Aggregate Information, Individual Information and Locator Information through your use of this website. “Aggregate Information” describes habits, usage, patterns and/or demographics of users generally as group without revealing Your identity or the identity of any particular user. “Individual Information” is specific information about a user presented in a form distinguishable from information from other users in a form that personally identifies the user for the sole purpose of enabling communication directly with such user. “Locator Information” simply will consist of the specific data you provide about yourself that enables a recipient to personally identify you.
The Company, its members, managers, officers, employees and agents make no representations or warranties with respect to the information set forth in the Directory or as to the quality of services provided by any third parties that the User selects from the Directory. The Company, its members, managers, officers, agents and employees, and the Directory, hereby expressly disclaim all warranties, including all implied warranties and conditions of merchantability and fitness for a particular purpose with respect to all information and materials included in the Directory and all links to and from the Directory, and all services provided to the User from all third parties. In no event shall the Company, its members, managers, agents, employees, successors or assigns be liable, directly or indirectly, for any damages, including any punitive, incidental, special or consequential damages, arising out of or in any way connected with the use of the Directory or any services provided by third parties with links to the Directory.
Indemnity: The User agrees to indemnity and hold harmless the Company, its members, managers, officers, employees, agents, successors and assigns from and against any and all liabilities, claims, damages, costs and expenses (including attorney’s fees) arising, directly or indirectly, from the User’s use of the Directory and/or this website.
Amendment: The Company reserves the right to amend this Agreement at its sole discretion at any time. You are responsible for reviewing these terms each time you use this website or the Directory. Continued use of this website or the Directory shall constitute your acceptance of any revisions to the Agreement.
Entire Agreement: This Agreement constitutes the entire Agreement between the User and the Company with respect to this website and the Directory and supersedes all prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties. The parties agree that a printed draft of this Agreement and of any notice provided electronically will be admissible in any proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as if this agreement had been originally generated and maintained in printed form.
Governing Law/Venue: This Agreement shall be governed by the laws of the Commonwealth of Virginia, notwithstanding any conflict of law provisions to the contrary. The User consents to the exclusive jurisdiction and venue of state courts in Hanover County, Virginia and in the federal courts, for the Eastern District of Virginia, Richmond Division, for all disputes arising out of or relating to the use of the Directory or this Agreement.
Relationship: The parties acknowledge and agree that no partnership, joint venture, employment or agency relationship exists between them as a result of this Agreement nor is any such relationship created by this Agreement. The User shall not represent himself as a representative, agent or employee of the Company.
Waiver: You agree that any failure to act or delay in action by the Company to enforce or failure to enforce its rights under this Agreement shall in no way waive or be interpreted as a waiver of any of its rights herein. Such waiver shall be required in writing and signed by a duly authorized officer of Plank Enterprises, LLC.
Severability: If any part to this Agreement determined to be invalid or unenforceable, such determination shall not effect the continued validity and enforceable of the remaining provisions of this Agreement, which shall continue in full effect.
Intellectual Property: All contents of this website and the Directory are copyright© 2003 Plank Enterprises, LLC. All rights not expressly granted herein are reserved. All information set forth herein is for your personal or business use. You are expressly prohibited from any attempt to copy, disassemble, reverse engineer or engage in similar activities with respect to all proprietary information, intellectual property, products or services obtained from or learned through this website or the Directory. All product names, company names, trade names, service names or related confidential or proprietary information on any third party websites is the property of the respective third parties.