TERMS AND CONDITIONS

These terms and conditions (“Terms and Conditions”) govern your use of this site, which is provided by HOME INSPECTION REQUEST.COM LLC (“HIR”). By accessing this site, you are indicating your acknowledgment and acceptance of these Terms and Conditions. Subject to applicable law, the Terms and Conditions are subject to change by HIR at any time in its discretion.

ACCESS TO THIS SITE. To access this site or some of the resources and services it has to offer, you may be asked to provide certain registration details or other information. In order to obtain such a resource or service, you must register and confirm your agreement to these Terms and Conditions after reading them by clicking "Yes/Accept" below.

You will be asked to provide certain registration details and other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. HIR may suspend or terminate your access to this site at any time for general maintenance, security and other reasons.

To access and print these Terms and Conditions and other pages, you need access to the Internet through an Internet Service Provider (ISP). You need an operating system (Microsoft® Windows 98 or higher, or IMac Operating System or higher) and a browser (Netscape® 4.7 or higher, Microsoft® Internet Explorer 5.0 or higher, or America Online Web Browser 5.0 or higher). HIR is not responsible for any loss, damage or claim caused by your ISP, software, or computer communication equipment.

ELECTRONIC SIGNATURE AND ACCEPTANCE OF TERMS AND CONDITIONS. You agree that when you click on an “Yes/Accept,” "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable as an “electronic signature,” and is the legal equivalent of your handwritten signature.

You agree to use the www.HomeInspectionRequest.com web site in a manner consistent with all applicable laws and in accordance with the Terms and Conditions and the transactions in which you are engaging. You also confirm that you are thirteen years of age or older.

UNAUTHORIZED USE OF YOUR REGISTRATION. If you believe that someone has used your Registration Information (including passwords, usernames, and screen names) to access this site or any resource or service without your authorization, please call HIR immediately at (808) 625-4663.

RESTRICTIONS ON USE. For your protection and the protection of our web site, you agree not to share your Registration Information with any one else. You are responsible for all acts or omissions that occur through the use of your registration information.

You agree that you will not use any www.HomeInspectionRequest.com electronic communication feature for any purpose that is unlawful, tortious, abusive, intrusive, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You agree that you will not collect or store personal data about other users.

You agree that you will not transmit any material that contains a virus or any other computer code, file, program or anything else that might interfere with the functionality of any computer software, hardware, telecommunications equipment or anything else.

With the exception of using web browser software, you agree that you will not access or log on to HIR computer systems, web site or software, or obtain, download, transfer or transmit any content to or from our computer systems, web site or software.

You agree that will use this site and any services or resources it provides only for personal, family or household purposes, and not for any business or commercial purpose.

COMMUNICATIONS. You may send us general e mail messages by contacting us at info@homeinspectionrequest.com. If you have an important message for us that is time-sensitive, do not rely on e mail, as we may not check our e mail mail box regularly. Instead, please contact us at (808) 625-4663. In any event, whenever you e mail us, if you do not receive a response from us (not counting a “receipt” automatically generated by the computer) within one business day, please contact us to confirm that we received your e mail and are addressing your concern.

You may request a free paper copy of these Terms & Conditions by calling HIR at (808) 625-4663 between 8:30 a.m. and 5:00 p.m. (Hawaii standard time) Monday through Friday except holidays, or writing to us at the below addresses.

BY U.S. MAIL:
HOME INSPECTION REQUEST.COM LLC
P.O. BOX 89-4401
Mililani, Hawaii 96789

BY E-MAIL:
info@homeinspectionrequest.com

HIR may rely on the e mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your address.

Electronic communications may not always be encrypted. You acknowledge and assume the risk that data, including e mail, electronic communications and personal data, may be accessed by unauthorized third parties.

HIR will treat any personal information that you submit through this site in accordance with its Privacy Policy.

30-DAY MONEY BACK GUARANTEE. If you are not completely satisfied with the home inspection services ordered through www.HomeInspectionRequest.com, you may notify HIR in writing at the above address within 30 days following your receipt of the inspection report for a full refund.

INDEMNITY. You will indemnify and hold HIR, its affiliates, vendors, directors, officers, employees, volunteers, and agents (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you or anyone accessing the site or effecting any of its resources or services through you. You agree to indemnify the Indemnified Parties against any and all resulting claims, damages, costs, and attorneys’ fees.

DISCLAIMER. You understand and agree that HIR does not guarantee or warrant that files available for downloading from the Internet will be free of viruses or other codes, files, programs or anything else that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. HIR does not assume any responsibility or risk for your use of the Internet or this site.

Under no circumstances will HIR be liable for any damage or loss resulting failure of any equipment, communications or interconnection problems; actions or inaction of any third party; operator error; natural events; labor disturbances; or any cause over which HIR does not have sole control.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,“ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HIR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HIR DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HIR MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HIR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HIR MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION ON LIABILITY. HIR AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER DAMAGES, EVEN IF HIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HIR AND THE INDEMNIFIED PARTIES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HIR FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, EXCEPT AS OTHERWISE REQUIRED BY LAW.

SECURITY. HIR may monitor your password and require you to change it. If you use a password that HIR considers insecure or inappropriate, HIR may terminate your access to the site and service.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is prohibited.

YOU WAIVE AND HOLD HIR AND THE INDEMNIFIED PARTIES HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ACTION TAKEN BY HIR, INDEMNIFIED PARTIES, OR LAW ENFORCEMENT AGENCIES TO INVESTIGATE ANY POSSIBLE OR ACTUAL MISUSE.

HYPER-LINKS. This site may be hyper-linked to other sites that may not be affiliated with or endorsed by HIR. HIR makes no representations or warranties about the content or accuracy of any hyper-links. Hyper-links are used at the user’s risk. Using a hyper-link may identify you as a member of HIR to the other site operator.

PROPRIETARY INFORMATION. The material and content accessible from this site (the “Content”), is the proprietary information of HIR (or the third party providing the Content), and HIR (or such third party) retains all right, title, and interest in the Content. The Content may not be copied or used in any way without the prior written consent of HIR (or such third party), except that you may print out a copy of the Content solely for your personal, family, household use. Any modification or use of the Content except as expressly provided in these Terms and Conditions is prohibited.

CONSENT TO JURISDICTION AND VENUE IN HAWAII; HAWAII LAW APPLIES; ENFORCEMENT. These Terms and Conditions will be governed and interpreted pursuant to the laws of Hawaii (without regard to conflicts of law). You consent to personal jurisdiction in Hawaii in connection with any dispute between you and HIR arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the state and federal courts in Honolulu, Hawaii. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed amended and enforced to the fullest extent possible and will not affect the validity and enforceability of any remaining provisions.

CLICK "YES/ACCEPT” FOR YOUR SIGNATURE. As noted in the CONSENT TO ELECTRONIC SIGNATURE AND ACCEPTANCE OF TERMS AND CONDITIONS section above, by clicking "Yes/Accept" you will be signing these Terms and Conditions with a binding electronic signature, and you acknowledge that you have read and understood these Terms and Conditions.

© 2005 HOME INSPECTION REQUEST.COM LLC