Terms Of Use & Privacy Policy

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Terms Of Use

Last Updated: August 2006

Agreement

This is an agreement (“Agreement”) between you and BAUMGARDT HOME INSPECTION, INC.. This Agreement governs your use of the BAUMGARDTHOMEINSPECTION.COM website, operated by BAUMGARDT HOME INSPECTION, INC.. BAUMGARDT HOME INSPECTION, INC. OFFERS THE BAUMGARDTHOMEINSPECTION.COM WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BAUMGARDTHOMEINSPECTION.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. IF YOU DO NOT AGREE WITH ANY SECTION, YOUR ONLY REMEDY IS TO NOT USE OUR WEBSITE.

HOW BAUMGARDT HOME INSPECTION, INC. MAY MODIFY THIS AGREEMENT

BAUMGARDT HOME INSPECTION, INC. reserves the right to change the terms, conditions, and notices under which it offers the BAUMGARDTHOMEINSPECTION.COM website, including any charges associated with the use of the BAUMGARDTHOMEINSPECTION.COM website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the BAUMGARDTHOMEINSPECTION.COM website. Your continued use of the BAUMGARDTHOMEINSPECTION.COM website after the effective date of such changes constitutes your acceptance of and agreement to such changes.

No Commercial, Unlawful or Harmful use of the BAUMGARDTHOMEINSPECTION.COM Website

The BAUMGARDTHOMEINSPECTION.COM website is only for your personal use. You will not use the BAUMGARDTHOMEINSPECTION.COM website for commercial purposes. You will not use the BAUMGARDTHOMEINSPECTION.COM website in any way that is unlawful, or harms BAUMGARDT HOME INSPECTION, INC., its affiliates, service providers, partners, agents, or any customer of BAUMGARDT HOME INSPECTION, INC., as determined by BAUMGARDT HOME INSPECTION, INC.’s sole discretion. You may not use the BAUMGARDTHOMEINSPECTION.COM website in any manner that could damage, disable, overburden, or impair any BAUMGARDTHOMEINSPECTION.COM website (or the network(s) connected to the BAUMGARDTHOMEINSPECTION.COM website) or interfere with any other party’s use and enjoyment of the BAUMGARDTHOMEINSPECTION.COM website.

SPAM is Prohibited

You will not use the BAUMGARDTHOMEINSPECTION.COM website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

Information You Provide

For information you provide (a “Submission”) to BAUMGARDT HOME INSPECTION, INC. related to the BAUMGARDTHOMEINSPECTION.COM website, BAUMGARDT HOME INSPECTION, INC., or BAUMGARDT HOME INSPECTION, INC. services, you grant BAUMGARDT HOME INSPECTION, INC. permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the BAUMGARDTHOMEINSPECTION.COM website, BAUMGARDT HOME INSPECTION, INC., or BAUMGARDT HOME INSPECTION, INC. services and (2) sublicense these rights, to the maximum extent permitted by applicable law. BAUMGARDT HOME INSPECTION, INC. will not pay you for your Submission. BAUMGARDT HOME INSPECTION, INC. may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

Information Available from the BAUMGARDTHOMEINSPECTION.COM Website

BAUMGARDT HOME INSPECTION, INC. reserves the right to change the content, presentation, performance, user facilities and availability of any part of the BAUMGARDTHOMEINSPECTION.COM website at its sole discretion and without notice. Any such changes will become effective upon posting by BAUMGARDT HOME INSPECTION, INC..

BAUMGARDT HOME INSPECTION, INC. and its affiliates do not warrant or guarantee the accuracy or timeliness of any information available from the BAUMGARDTHOMEINSPECTION.COM website including information, frequently asked questions, instructions, tips and advice, etc. BAUMGARDT HOME INSPECTION, INC. and its affiliates do not authorize the use of information available from the BAUMGARDTHOMEINSPECTION.COM website for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

Where BAUMGARDT HOME INSPECTION, INC. provides links to third party websites, BAUMGARDT HOME INSPECTION, INC. shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the link and BAUMGARDT HOME INSPECTION, INC. does not endorse or approve the content of such third party websites.

BAUMGARDT HOME INSPECTION, INC. Makes No Warranty

The BAUMGARDTHOMEINSPECTION.COM website including, without limitation, its contents, functionality, performance and features are provided on an “as is,” “with all faults,” and “as available basis” at the visitor’s sole risk and without representations or warranties of any kind and to the full extent permitted by law. BAUMGARDT HOME INSPECTION, INC. and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free. BAUMGARDT HOME INSPECTION, INC. does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the BAUMGARDTHOMEINSPECTION.COM website.

Indemnity

IN NO EVENT WILL ANY BAUMGARDT HOME INSPECTION, INC. PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BAUMGARDTHOMEINSPECTION.COM WEBSITE, EVEN IF SUCH BAUMGARDT HOME INSPECTION, INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE BAUMGARDTHOMEINSPECTION.COM WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BAUMGARDT HOME INSPECTION, INC. PARTY WITH RESPECT TO THIS AGREEMENT OR THE BAUMGARDTHOMEINSPECTION.COM WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BAUMGARDTHOMEINSPECTION.COM WEBSITE.

Changes to the BAUMGARDTHOMEINSPECTION.COM Website & Additional Liability Limitation

BAUMGARDT HOME INSPECTION, INC. MAY CHANGE THE BAUMGARDTHOMEINSPECTION.COM WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the BAUMGARDTHOMEINSPECTION.COM website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by BAUMGARDT HOME INSPECTION, INC. and persons other than BAUMGARDT HOME INSPECTION, INC. (any such person is referred to as a “Third Party”). YOU ACKNOWLEDGE AND AGREE THAT THE BAUMGARDT HOME INSPECTION, INC. PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. YOU ACKNOWLEDGE AND AGREE THAT BAUMGARDT HOME INSPECTION, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BAUMGARDTHOMEINSPECTION.COM WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THE BAUMGARDTHOMEINSPECTION.COM WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BAUMGARDTHOMEINSPECTION.COM WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BAUMGARDTHOMEINSPECTION.COM WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

Termination

BAUMGARDT HOME INSPECTION, INC. may terminate this Agreement, or terminate or suspend your access to the BAUMGARDTHOMEINSPECTION.COM website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the BAUMGARDTHOMEINSPECTION.COM website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE BAUMGARDTHOMEINSPECTION.COM WEBSITE MAY NOT BE RETRIEVED LATER.

Interpretation

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. BAUMGARDT HOME INSPECTION, INC. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the BAUMGARDTHOMEINSPECTION.COM website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and BAUMGARDT HOME INSPECTION, INC. with respect to the BAUMGARDTHOMEINSPECTION.COM website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BAUMGARDT HOME INSPECTION, INC. with respect to the BAUMGARDTHOMEINSPECTION.COM website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Copyright & Trademark Notices

All contents of the BAUMGARDTHOMEINSPECTION.COM website are Copyright ©2006 BAUMGARDT HOME INSPECTION, INC. and/or are used with permission from the rightful owner. All rights reserved. BAUMGARDT HOME INSPECTION, INC., and/or other BAUMGARDT HOME INSPECTION, INC. services referenced herein may also be either trademarks or registered trademarks of BAUMGARDT HOME INSPECTION, INC. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If you believe that your intellectual property right has been infringed, it is your obligation to notify BAUMGARDT HOME INSPECTION, INC. immediately.

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Privacy Policy

Last Updated: August 2006

Information Collection & Use

BAUMGARDT HOME INSPECTION, INC. is the sole owner of the information collected on BAUMGARDTHOMEINSPECTION.COM. BAUMGARDT HOME INSPECTION, INC. does not collect personally identifiable information from visitors of our website.

Information Sharing and Disclosure

Aggregate Information (non-personally identifiable)

We may share aggregated demographic information about our visitors with our partners and advertisers. This information does not identify individual users.

We do not link aggregate user data with personally identifiable information.

Log Files

As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personally identifiable information.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We do not use cookies directly on this site.

This privacy statement covers the use of cookies by BAUMGARDT HOME INSPECTION, INC. on BAUMGARDTHOMEINSPECTION.COM only and does not cover the use of cookies by any advertisers, third-party providers, or any sites linked to from this site.

Links to Other Sites

This website contains links to other sites that are not owned or controlled by BAUMGARDT HOME INSPECTION, INC.. Please be aware that we, BAUMGARDT HOME INSPECTION, INC., are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.

This privacy statement applies only to information collected by this website.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.