(Updated: December 24, 2015)
PLEASE READ THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER COLLECTIVELY THIS “AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY COINSPECT, INC. (“COMPANY,” “COINSPECT”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR AND YOUR BUSINESS OR OTHER LEGAL ENTITY’S (“YOU”) USE OF THE SUITE OF ONLINE SERVICES OFFERED BY COINSPECT INC. THESE INCLUDE VARIOUS WEBSITES OWNED AND OPERATED BY US, INCLUDING, WITHOUT LIMITATION, THE WWW.COINSPECTAPP.COM WEBSITE AND DOMAIN NAME (“SITES”), THE WWW.COINSPECTAPP.COM WEBSITE AND DOMAIN NAME (“SITES”), THE WWW.COINSPECT.IT WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER FEATURES, CONTENT, SOFTWARE, OR APPLICATIONS OFFERED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICES”).
BY USING OUR WEBSITES, USING OUR SERVICES, BY CLICKING AN ONLINE ACCEPTANCE BUTTON, OR BY EXECUTING AN AGREEMENT THAT REFERENCES THESE TERMS OF USE, YOU CONSENT TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THE AGREEMENT. ACCOUNTS REGISTERED BY “BOTS” OR OTHER AUTOMATED METHODS ARE NOT PERMITTED. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. WE MAY, IN OUR SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. YOUR CONTINUED USE AFTER ANY MODIFICATION INDICATES YOUR ACCEPTANCE OF SUCH MODIFICATION AND, IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICES.
You may not access the Services if you are our competitor, except with our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
CoInspect, Inc. is a Delaware company which owns and operates CoInspectApp.com, and CoInspect.it, on which we provide services that enable you to perform inspections, audits, checklists, and other similar activities on mobile devices.
GENERAL TERMS OF SERVICE
Description of Services
We offer hosted and local software (“Software”) as part of, and to provide, the Services. You must have access to the Software in order to use Services that we offer.
Description of CoInspect Inspection Management Services. We offer mobile based inspection management software with an online hosted software component as a complete inspection software solution as part of, and to provide, the Services.
Expanding the Services
You may subscribe to additional Services, including new service offerings as may be made available from time to time, or increase your existing service by contacting us and following our signup instructions, as part of the Services. Each new service signup instruction will include the price and billing date(s) of the Services being added at that time. All new services are subject to these General Terms of Service.
Customer Support
We will use reasonable efforts to provide technical support services to you and your authorized users who have subscribed to the Services based on the level of support attributed to your account. A customer support representative will be assigned to your cases. Unlimited cases are accepted from authorized users. All support plans exclude major US holidays. Access to support is best accomplished by e-mailing support (support@CoInspectApp.org).Our customer support for all plans is available 12 x 5 (Monday to Friday, 8am-8pm PST).The foregoing support times are reasonable estimates only, and may be subject to change under atypical operating conditions.
Registration
As a condition to using certain aspects of the Services, you will be required to register and select an email, password, and screen name (“Username”). You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as a Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Username a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of, or cancel a Username in its sole discretion. You shall never use another user’s account without such other user’s express permission.
Your CoInspect account gives you access to certain aspects of the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to CoInspect with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Account Security
You are solely responsible for safeguarding the password associated with the Username that you use to access the Services and for any activities or actions under your password, whether your password is with CoInspect or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. CoInspect cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
CoInspect's License to You
Subject to these Terms, CoInspect hereby grants to you the limited, revocable, non-assignable, non-sublicensable, non-exclusive license to use the Services (including to download, install, and operate the mobile software application components thereof), all in accordance herewith and with such instructions and documentation as we may post on the Sites or otherwise communicate from time to time. CoInspect reserves all rights not expressly granted in these Terms of Use. The Company can terminate this license at any time for any reason or for no reason.
CoInspect maymake available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible. We do not warrant that the Mobile Software will be compatible with your mobile device.Wegive you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you.You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and CoInspect or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Services.
Excess Data Storage Fees
The Services include a maximum disk storage space designated by the contract for each account, and disk storage space in addition to this amount shall subject you to additional fees as determined by CoInspect's excess data storage fees at the time. CoInspect shall not be responsible for notifying you when your disk storage is approaching or has reached the permitted disk storage; CoInspect's failure to notify you shall not affect your responsibility for such additional storage charges. CoInspect reserves the right to establish or modify its general practices and limits relating to storage of user data. Extra data in excess of your storage limits will incur a cost of $5 per month for each block of 10,000 photos.
Non-Payment and Suspension
In addition to any other rights granted to CoInspect herein, CoInspect reserves the right to suspend or terminate this Agreement and User’s access to the Services if User’s account becomes late or User fails to maintain with CoInspect a valid payment method as provided herein. CoInspect may impose interest at a rate equal to the lesser of 1% per month, or the maximum amount permitted by applicable law for any delinquent accounts, as well as all expenses of collection.
CoInspect reserves the right to impose an admin fee in the event Users account access is suspended and thereafter reinstated. User agrees and acknowledges that CoInspect has no obligation to retain User Data upon suspension or termination of a subscription beyond the designated term stipulated in the account.
Charges and Billing
CoInspect charges and collects non-refundable fees in advance for use of the Services. CoInspect will automatically renew User’s subscription unless User gives notice of non-renewal at least 30 days before the end of the relevant subscription term. CoInspect will charge User’s credit card or other payment method every month or year, depending on User’s authorization and subscription type. CoInspect grants no refunds or credits for partial months or years of Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and User shall be responsible for payment of all such taxes, levies or duties. CoInspect charges for the Services excludes taxes, taxes, phone and Internet access charges and other data transmissions. As our Services and features are available to certain mobile phones or devices, your carrier’s data rates and fees apply. You should check the rates and services offered by your carrier. Your invoice may include taxes, levies or duties that CoInspect is required to collect by applicable taxing jurisdictions. User must provide CoInspect with a valid credit card as a condition to subscribing to the Services. CoInspect reserves the right to modify its fees and to introduce new charges at any time, upon at least 15 days prior notice to User, which notice may be provided by email or posted on the CoInspect Web Site or application.
User may upgrade or downgrade the Services at any time during the term by written notice to CoInspect (downgrades are only available with monthly subscription accounts, from one paying level to another – User may not downgrade from a paying account to a free account), applicable to the billing cycle next following CoInspect receipt of such written notice. For any upgrade or downgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged the new rate on your next billing cycle. CoInspect will not extend any credit or refund for partial months of service in the case of downgrades to a monthly subscription. The expiration/renewal date of Services, whether monthly or annual, will not change. Fees may not be credited towards other Services.
User shall maintain with CoInspect a valid credit card at all times unless alternative methods of payment have been agreed upon. Regardless of User’s payment method, User’s subscription to the Services authorizes CoInspect to charge User’s credit card. This authorization shall remain valid until 30 days after termination or cancellation of User’s account, whereupon CoInspect may charge User’s credit card for any outstanding charges as may be applicable.
User agrees to provide and maintain to CoInspect complete and accurate billing and contact information. This information includes User’s legal name or company name, credit card and billing address, email address, name and telephone number of an authorized billing contact. User agrees to update this information immediately upon change to it or in the event of a lost or stolen credit card. If the contact or billing information User has provided is false or fraudulent, CoInspect reserves the right to terminate User’s access to the Services in addition to any other legal remedies.
User agrees to maintain a minimum level subscription in order for CoInspect to store and maintain data in our cloud. Failure to maintain the minimum agreed subscription will result in termination of user’s service and deletion of data within 14 days. If no minimum level subscription has been agreed, then it shall default to 1 standard license per portfolio unless otherwise agreed in writing.
User Cancellation and Termination upon Expiration.
Subject to the terms and conditions of this Agreement, User may cancel the Services by emailing support@CoInspectApp.org, unless bound by an annual term. Such cancellation shall be in writing and CoInspect will provide instructions on how to continue with the cancellation process. Failure to comply with the process provided by CoInspect will not result in proper cancellation and your account will continue to be charged.
For monthly subscriptions, User is purchasing the Services for full monthly terms, If User terminates Services prior to the end of a monthly term, User will be responsible for that month’s full Fee through the end of the then-current term, including, without limitation, unbilled charges, which will immediately become due and payable. User shall pay all accrued but unpaid fees upon expiration of the term of or termination of Services.
For fixed term annual subscriptions (i.e., twelve (12) months), User has committed to purchase the Services for the full annual term, to be paid annually in advance. User’s annual subscription will renew automatically after the initial fixed term is over, unless terminated as herein provided. User may cancel the Services prior to expiration of the annual term without refund. User shall pay all accrued but unpaid fees upon expiration of the term of or termination of Services.
Upon cancellation, User will no longer have access to the Site and all information contained within User’s account and User Data will automatically, permanently and irreversibly deleted. CoInspect accepts no liability for such deleted information or User Data.
Reactivation of service after Cancellation.
If User cancels the Services and wishes to resume their service within a 12 month period from the date of cancellation then it is subject to a Reactivation fee of $300.00.
CoInspect does not backup User’s data for more than 30 days after a cancellation and we may not be able to re-instate User’s data.
Internet Delays and Electronic Communications Privacy Act Notice.
COINSPECT'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, SOFTWARE UPGRADES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND SOFTWARE. COINSPECT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
CoInspect Forms, Checklists, Templates and Documents.
CoInspect's standard checklists, forms, templates, and documents (the “Forms”) are provided purely as a service to you and are not intended to provide specific professional advice to you or any 3rd party. You acknowledge and agree that the Forms are provided to you on the basis that you understand the legal requirements surrounding health, workplace safety, property or other such inspections in your local, state and federal jurisdiction, and that any use or reliance on the Forms to perform such inspections shall be entirely at your own risk. You should consult an attorney before using or relying on the Forms if there is any doubt surrounding their legality in your jurisdiction. In no event shall CoInspect and its affiliates be liable for any direct, indirect, consequential or exemplary damages or expenses (including attorney’s fees and costs) or any claim arising from or in connection with the use of the Forms. The use of Forms are subject to these Terms of Use. Should you require modification to the Forms for use in jurisdiction then you should contact CoInspect to enquire about the possibility of obtaining such modifications for your account. CoInspect in no way guarantees that such modification will be attainable and additional fees may be required in events where modification is possible.
USER-GENERATED CONTENT
Some areas of the Services allow you to post or upload checklists, forms, templates, documents and related information, text, graphics, or other material (collectively, “User-Generated Content”), and to share such User-Generated Content with other users. You retain ownership of your User-Generated Content, but there are many things that users may do with your User-Generated Content, including for example, copy it, modify it, re-share it, or broadcast it. CoInspect has no responsibility for that activity. You understand that publishing your User-Generated Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Please consider carefully what information you choose to share through the CoInspect Services.
You agree not to post User-Generated Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User-Generated Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. CoInspect reserves the right, but is not obligated, to reject and/or remove any User-Generated Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your User-Generated Content, but you agree to grant CoInspect a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such User-Generated Content in connection with providing the Sites and Services to you and other users. In connection with providing the Sites and Services, we may modify or adapt your User-Generated Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User-Generated Content as are necessary to conform and adapt that User-Generated Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any User-Generated Content on the Services including your User-Generated Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CoInspect, its users and the public.
USE OF USER-GENERATED CONTENT
All User Generated Content incorporated into the Services, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such User Generated Content. CoInspect does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Generated Content or communications posted via the Services. CoInspect may not monitor or control the User Generated Content posted via the Service and, we cannot take responsibility for such User Generated Content. If you use or rely on any User Generated Content posted via the Services or obtained by you through the Services, it is at your own risk. Under no circumstances will CoInspect be liable in any way for any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content in the Services.
You agree that you are responsible for your use of the Services, for any User Generated Content you provide while using the Services, and for any consequences thereof, including the use of your User Generated Content by other users and third parties. You understand that if you do not have the right to submit User Generated Content to the Services, doing so may subject you to liability. CoInspect will not be responsible or liable for any use of your User Generated Content by CoInspect in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Generated Content that you submit, including all necessary rights to upload your User Generated Content for use in accordance with these terms and conditions.
PROHIBITED USES
It is the policy of CoInspect to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”). By entering any content or data onto our Site, you represent and warrant to us that you have the right to so submit such content and that our use of your content as described herein will not infringe or violate the rights of any third party.
CoInspect is trusted by its users, and we trust you to use our Sites and Services responsibly. CoInspect imposes certain restrictions on your permissible use of the Sites and the Services. You are prohibited from violating or attempting to violate any security features of the Sites or Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CoInspect in providing the Sites or Services.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Services. Any violation of system or network security may subject you to civil and/or criminal liability.
USER DISPUTES
You are solely responsible for your interactions with other users of our Site and Services. We reserve the right, but have no obligation, to monitor interactions between you and other users.
Termination
CoInspect may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites or by contacting our accounts department. Any fees paid hereunder are non-refundable. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
CoInspect makes no representations concerning any content or material including Forms and User-Generated Content contained in or accessed through its Sites and Services (collectively, “Material”). CoInspect will not be responsible or liable for the reliability, timeliness, quality, suitability, availability, accuracy, completeness, copyright compliance, legality or decency of any Material contained in or accessed through its Sites and Services. You should independently verify all Material and other information that you access through the Services. By using the Services, you agree that CoInspect shall not be responsible for (1) any Material, (2) any person’s reliance on any such Material, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Material or otherwise as a result of your use of the Service. Your use of or reliance on any Material is at your own risk.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY MATERIAL CONTAINED THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COINSPECT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.
CoInspect will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CoInspect equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless CoInspect, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content, or otherwise from any content that you post to the Sites, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. CoInspect reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CoInspect in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL COINSPECT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) OR, IF GREATER, THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING SIX (6) MONTH PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California or the United States District Court for the Northern District of California, for any actions not subject to Arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CoInspect are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these agreements and the termination of your CoInspect account.
For any dispute you have with CoInspect, you agree to first contact us at support@CoInspectApp.org and attempt to resolve the dispute with us informally. If CoInspect has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and CoInspect agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that CoInspect will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COINSPECT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. You and CoInspect agree that if any portion this Section is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
Miscellaneous
CoInspect shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CoInspect's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Fair Use Policy
Use of CoInspect's data sync will be subject to fair use policy (100 photos per unique inspection) as modified from time to time at CoInspect's discretion. Your account may be reviewed when fair usage limits are reached and CoInspect may limit your usage after that.
USE OF CUSTOMER LOGO
Unless presented with a written agreement stating otherwise, CoInspect may use Customers’ logo and or/trademark on the CoInspect website and in other marketing materials.
SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
All right, title, and interest in and to the Services (excluding User Generated Content) are and will remain the exclusive property of CoInspect and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing contained in the Terms of Use or on the Sites gives you a right to use the CoInspect name or any of the CoInspect trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CoInspect, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
CALIFORNIA USE ONLY
The Site is controlled and operated by CoInspect from its offices in the State of California. CoInspect makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as CoInspect's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. We make no representations that our Site and Products are appropriate or available for use in other locations.
We care about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in ourPrivacy Policy. By using the Services, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed according to the policies stated therein.
MODIFICATIONS
CoInspect reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. CoInspect may, in its sole discretion and without prior notice: (a) revise these Terms of Use; (b) modify the Sites and/or Services; and (c) discontinue the Sites and/or Services at any time. CoInspect shall post any revision to these Terms of Use to its Web site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. By continuing to use or access the Sites and/or Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop accessing the Sites and/or using the Services.
INTEGRATION
These Terms of Use, and any amendments and any additional agreements you may enter into with CoInspect in connection with its Sites and Services, shall constitute the entire agreement between you and CoInspect concerning the Sites and Services. Any additional or different terms or conditions in relation to the subject matter of the Terms of Use in any written or oral communication from you to CoInspect are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by CoInspect that are not contained in this Terms of Use, as amended. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
ACKNOWLEDGEMENT
BY USING THE COINSPECT SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.