HouseMaster Cloud Terms of Service ("Terms")

Last updated: June 8, 2018

Please read these Terms of Service ("Terms") carefully before using the http://cloud.housemaster.com website, which offers various products and services (the "Service") operated by Home Technology Services, LLC via a license agreement to its affiliated entity HM Services, LLC (collectively Home Technology Services, LLC and HM Services, LLC and its affiliates shall be referred to in these Terms as "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy, which is hereby incorporated by reference. If you disagree with any part of the Terms or Privacy Policy, you will not be able to access the Service. If you choose to not access the Service, you can contact your local HouseMaster Franchisee and request your inspection report and related documents through another means. In this event you will also be waiving other complementary benefits attendant to your HouseMaster Home Inspection that are only delivered through this Service.

Purchases

If you desire to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. All information provided via the Service will be governed by our Privacy Policy.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy, which is hereby incorporated by reference.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

The information you input into your account about a particular dwelling is not confidential and will become the property of Company. Third parties interested in this property will have access to this data.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Home Technology Services, LLC and its licensors/licensees as applicable. The Service is protected by copyright, trademark, and other laws (“Proprietary Rights”) of both the United States and foreign countries. Our Proprietary Rights may not be used in connection with any product or service without our prior written consent.

Links To Other, Third-Party Web Sites

Our Service may contain links to third party web sites or services that may offer you products, services or other content (“Third-Party Sites”). These Third-Party Sites are not owned or controlled by Home Technology Services, LLC or our affiliates.

If you click on certain promotional offers provided to you on our Site, the links will take you to Third-Party Sites. Not all offers are available in all areas and they subject to change without notice. Provider restrictions may apply. We do not warrant the offerings of any of these promotions. Neither we nor any franchisee of HM Services, LLC provide any product or service associated with these third-party offerings. All products and services are provided by the applicable provider identified. HM Services and/or its franchisees, may receive compensation or other benefits in connection with these promotions.

We have no control over, and assume no responsibility for the content, privacy policies, pricing or practices of any Third-Party Site or third-party provider. You acknowledge and agree that we 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 the use of or reliance on any such content, products, goods or services available on or through any such Third-Party Site.

We strongly advise you to read the terms and conditions and privacy policies of any Third- Party Sites that you visit.

To the extent that we link to Third-Party Sites that offer pricing, please know that their products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on Third-Party Sites.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold us harmless as well as our licensees and licensors, affiliated entities, and employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall we or our licensors, licensees, affiliated entities, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained through your use of the Service whether ours or a third-parties; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We are constantly updating product and service offerings through the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current and we do not guarantee that it is completely accurate and updated. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect and we will provide you notice when you log in. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at joel@yourcontactpoint.com or at 801.657.3768.