PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
HousePartner, LLC, an Ohio limited liability company, ("we" or "HousePartner") offers the user ("you") the ability to use our websites (the "Sites") to purchase our Product and Services (defined below) and otherwise upload, use, and interact with information, images, photos, commentary, content, opinions and material (collectively, "User Content"). By purchasing our Product and Services, adding User Content to the Site, or otherwise using the Site, you agree to these Terms and Conditions (the "Terms"). Subject to your agreement and compliance with the Terms, we grant you a personal, non-exclusive, non-transferable, limited-scope license to use the Site. Use of the Site is solely for your own personal, private, non-commercial purposes, and for no other purpose whatsoever.
HousePartner may revise and update these Terms at any time and without notice to you. It is your duty and obligation to check for the most current version of the Terms. Your continued usage of the Site will mean you accept any and all amendments or changes to the Terms.
HousePartner, LLC (collectively, "HousePartner") provides: (1) a user account website that may be accessed at ourhousepartners.com (each a "Site"), (2) services accessible through the Sites ("Web Apps"), (3) software that may be downloaded to your smartphone or tablet to access services ("Mobile Apps"), and (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps ("Subscription Services"), all for use in conjunction with information derived from home checkups ("Checkups") performed by licensed home inspectors. The term "Product" means the Sites, Web Apps, Mobile Apps, Checkups and Subscription Services. The Product can be used together or in ways that integrate with products and services from third parties.
The Product offer homeowners the opportunity to purchase a limited-use license to information about the condition of the structure and major systems of their house. The information is derived from checkups by licensed home inspectors and additional research by HousePartner staff. THE PRODUCT DOES NOT INCLUDE AN OFFICIAL FULL-HOME INSPECTION NOR PROVIDE AN OFFICIAL FULL-HOME INSPECTION REPORT. The contents of the Product and Sites, including, without limitation, all text, graphics, images, information obtained from HousePartner licensors and suppliers, and any other material contained on the Site (collectively the "Site Content") are intended to improve the position of homeowners in maintaining a home. The Product is not intended to be technically exhaustive. It does not identify all improvements, concealed conditions, or latent defects in connection with a given property. You should anticipate that you may have to make unexpected repairs to the property. In exchange for purchasing the Product, HousePartner authorizes you to view or download the Product solely for your personal, non-commercial use. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Product is for informational purposes only and is not intended to be a substitute for a professional full-home inspection report. HousePartner makes no assurances, representations, or warranties that each inspection-related concern will be addressed in the Product, and HousePartner strongly recommends that a full inspection is performed before purchasing any home.
By purchasing the Product, you agree to hold HousePartner, its employees, agents, contractors, and suppliers harmless from any damage, liability, or cost in connection with the Product.
Reliance on any information provided by HousePartner, its employees, agents, contractors, or suppliers is solely at your own risk. By purchasing the Product, you expressly waive any and all claims related to your use of the Product, including, without limitation, your reliance thereon. By using the Site and purchasing the Product, you agree that the Product is not a substitute for a licensed full-home inspection, and you acknowledge that neither HousePartner nor its employees, agents, or contractors are acting on your behalf as a home inspector.
You acknowledge that the Product, including mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE PRODUCT FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by HousePartner on what to do in an emergency is based on authoritative safety sources, but there is no way for HousePartner to provide specific information relating to a situation in your home. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
Unless explicitly promising a "guarantee," HousePartner does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or any of its features. Actual energy savings and monetary benefits vary with factors beyond Housepartner control or knowledge. From time to time, Housepartner may provide you with information that is unique to you and your home and suggest opportunities to save money if you adopt suggestions or features of the Product. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that these suggestions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from HousePartner if your savings differ.
The Site Content is protected by copyright under both United States and foreign laws. Title to the Site Content remains exclusively with HousePartner or its licensors, as applicable. Any use of the Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other federal, state, or local laws. Site Content and features are subject to change or termination without notice and in the sole discretion of HousePartner. All rights not expressly granted herein are reserved to HousePartner and its licensors, as applicable.
If you violate any of these Terms, your license to use the Site Content immediately and automatically terminates.
The use of the Site and the Site Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of HousePartner and its suppliers. HousePartner assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and by using the Site, you agree to hold HousePartner harmless from any damage, harm, or liability in connection therewith.
The Site and the Site Content are provided on an "as is" basis. HOUSEPARTNER, ITS EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL GUARANTEES AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS, AND SYSTEMS INSPECTED, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE AND TRADE. In no event shall HousePartner or its employees, agents, contractors, licensors, suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Site Content. HousePartner and its employees, agents, contractors, licensors, and suppliers shall not be held responsible or liable for any repairs or replacements with regard to properties referenced in the Site Content.
THE SITE CONTENT DOES NOT ADDRESS, AND IS NOT INTENDED TO ADDRESS, CODE AND REGULATION COMPLIANCE, WHETHER FEDERAL, STATE, OR LOCAL, OR THE POSSIBLE PRESENCE OF, OR DANGER FROM, ASBESTOS, RADON GAS, LEAD PAINT, UREA FORMALDEHYDE, SOIL CONTAMINATION AND ANY OTHER INDOOR AND OUTDOOR ENVIRONMENTAL HAZARDS. YOU ARE URGED TO CONTACT A COMPETENT SPECIALIST IF YOU DESIRE INFORMATION, IDENTIFICATION, OR TESTING OF THE ABOVE. The Site Content is not intended to identify, disclose, or report on the presence of drywall products from the People’s Republic of China or the actual or potential environmental concerns or hazards arising out of the existence of these products. Furthermore, you acknowledge that any discussions regarding the actual or potential presence of drywall products from the People’s Republic of China are informative in nature only.
By using the Site, you agree that any liability of HousePartner, its employees, agents, contractors, licensors, and suppliers shall not exceed the price you paid HousePartner for the Product. Any claims arising in connection with your use of the Site, any Site Content, including the Product, or the Public Areas (as defined below) must be brought within one year of the date of the event giving rise to such action. The remedies provided for in these Terms are exclusive and limited to those expressly provided for in these Terms. The prevailing party in any dispute regarding the Site or your use of the Product, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs.
Any personal information you submit to HousePartner is governed by these Terms.
The Site contains functionality (including blogs, message boards, user reviews, etc.) that allows users to upload content to the Site (collectively, "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to HousePartner by email, you warrant that the owner of that content or intellectual property, and all persons appearing therein, have expressly granted-HousePartner a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. By submitting any business information, idea, concept, or invention, you agree to indemnify, defend, and hold HousePartner harmless from any liability, damages, harm, enforcement action, or legal proceeding that may arise in connection with such submission. HousePartner may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to HousePartner by email.
By way of clarification, and without limiting the foregoing, you agree to only post or upload media, including, without limitation, photos, videos or audio (collectively, "Media") that you have taken yourself or that you have all rights to transmit and license and that do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are often copyrighted by the owner, and should not be posted without you obtaining express permission from the owner of such Media. Uploading Media of other people without their express permission is strictly prohibited.
To protect your privacy and the privacy of others, you agree that you will not submit any media that contains Personally Identifiable Information (e.g., name, phone number, email address or web site URL) of you or of anyone else.
It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
HousePartner reserves the right to review all Media prior to posting on the Site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.
You are responsible for taking all reasonable steps to ensure that no unauthorized person gains access to your HousePartner passwords or accounts. It is your sole responsibility, and HousePartner, its employees, agents, and/or contractors shall have no obligation, to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your HousePartner account and password; (3) promptly inform HousePartner if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You grant HousePartner and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. HousePartner cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using HousePartner tools and services on the Site.
HousePartner may provide links to third-party web sites. HousePartner also may select certain sites as priority responses to search terms you enter and HousePartner may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. HousePartner does not recommend and does not endorse the content on any third-party websites. HousePartner is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
HousePartner may also provide the opportunity for you to interface to Third Party Products and Services. You acknowledge that Third Party Products and Services that you connect to your account or interface with are not HousePartner products and services and you acknowledge and agree that HousePartner does not control, and that these Terms do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that HousePartner makes no representation or warranty about the operation, reliability, or safety of any Third Party Products or Services. Accordingly, HousePartner is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), interruption of service, downtime, data loss, or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
Without limiting the foregoing Terms, you agree to defend, indemnify, and hold HousePartner, its officers, managers, members, directors, employees, agents, contractors, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, payment of reasonable attorneys’ fees, legal costs, and accounting fees and costs, resulting from, or alleged to result from, your use of the Product or the Site or any violation of these Terms.
HousePartner is based in Columbus, Ohio, in the United States of America with principal offices in Columbus, OH. HousePartner makes no claims that HousePartner and the Site Content are appropriate or may be downloaded outside of the United States. Access to the Site Content may not be legal by certain persons or in certain countries. If you access the HousePartner network from outside the United States, you do so at your own risk and are responsible for compliance with both the laws of the United States and the laws of that jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with HousePartner related to your use of the Site or the Product resides in Franklin County, Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in Franklin County, Ohio in connection with any such dispute, including any claim involving HousePartner or its affiliates, subsidiaries, employees, contractors, agents, officers, directors, members, managers, telecommunication providers, or content providers.
These Terms are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
In addition to other cancellation rights provided in this Agreement, we may cancel this Agreement at any time upon 30 days’ prior written notice to you. You agree that we are not liable to you for cancellation of this Agreement or the discontinuance of any or all of the Product features, unless otherwise expressly provided in this Agreement.
All provisions of these Terms that by their nature should survive termination shall survive the termination of your access to the Product and Site, including, without limitation, a provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
These Terms and Conditions and the HousePartner Privacy Policy constitute the entire agreement between you and HousePartner with respect to the use of the Site, the Product and Site Content.
Thank you for your cooperation. We hope you find the ourhousepartners.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to terry@housepartner.com or via U.S. mail to: HousePartner, LLC, 161 Walnut Ridge Ln, Westerville, OH 43081. We try to answer every email in a timely manner but due to volume may not always be able to do so.
