Terms of service.
Effective Date: July 21, 2023
Ultimate Inspector Marketing (“UIM”) is operated by RWS Inspector Services Group, LLC, and its affiliates and offers print and marketing services and other services to inspectors (the “Services”). The following Terms of Service (“Terms”) outline your obligations when using the Services. Any reference to “you” and “your” in the Terms refers to you, any legally recognized entity that is the user of the Services and, as the context requires with respect to use and access of the Services, the individual authorized user under your account.
1. Agreement to Terms
The Terms cover users of the www.isgmarketingservices.com website, and other web and digital properties of ours, plus any related telephone services. These are individually and collectively referred to as the “Properties.” The UIM Services, any other tools and services we make available through the Properties, are individually and collectively referred to as the “Services.” By creating an account or otherwise accessing or using the Services, you acknowledge and agree to follow and be bound by these Terms. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW. References to UIM (“we”, “our” or “us”) in the Terms include our service providers or suppliers, to the extent that such service providers or suppliers are acting for or on behalf of us with respect to the Properties. Please review our other terms and policies posted on the website, including our Privacy Policy.
2. Changes to Terms
We may modify the Terms at any time by posting a revised version. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services. You waive any right you may have to receive specific notice of such changes. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.
3. Site Content; Developments; Collected Information
The Services, including all materials, visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, content and information therein and their selection, arrangement and composition, and all trademarks, service marks or other brands or names of UIM (collectively, the “Content”), are the proprietary property of UIM, its affiliates, and its suppliers and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. Any use of the Contents without our express written consent is strictly prohibited. UIM reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from any such material. We hereby grant you a limited, perpetual, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services and Content for your personal, non-commercial (unless otherwise agreed by us) and informational use only, subject to your compliance with the Terms. For clarity, Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Services. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
Developments. All inventions, works of authorship and developments conceived, created, written, or generated by or on behalf of UIM, whether solely or jointly, including without limitation, in connection with UIM’s performance of the Services hereunder, including all deliverables (“Deliverables”) and all intellectual property rights therein, shall be the sole and exclusive property of UIM. You agree that to the extent that the ownership of any contribution by you to the creation of the Deliverables is not, by operation of law or otherwise, vested in UIM, you hereby assign and agree to assign to UIM all right, title and interest in and to such Deliverables, including without limitation all the intellectual property rights therein, without the necessity of any further consideration.
License to Deliverables. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable license to use the Deliverables solely in connection with your authorized use of the Services. For clarity, digital Deliverables are not to be printed or utilized through other providers, or in any other fashion to circumvent UIM. Notwithstanding any other provision of this Agreement, nothing herein shall be construed to assign or transfer any intellectual property rights in our proprietary tools, source code samples, templates, libraries, technology, know-how, techniques and expertise used by UIM to develop the Deliverables.
4. Eligibility
Users must be 18 years of age or older to use or register for Services. By using the Services, you represent and warrant that: (a) all information you submit during account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your profile and account may be terminated and deleted without warning if we believe that you are under 18 years of age.
5. Subscription Term; Charges; Payment
Modification to Services. In our sole discretion we can enhance, reduce, discontinue, or restrict access to the Services (or any portion of the Services), temporarily or permanently. We will provide timely notice of such changes whenever practicable.
Charges. We will charge you for your Services in relation to each individual purchase (“Charges”). Applicable sales tax will be added to all Charges where required by law.
Payment. Payments for Charges are due and payable to UIM at the time in which the Charges are ordered.
We typically require payments by credit card or other valid payment card. When you use a credit card or other valid payment card to pay for Charges, you represent and warrant that the card information you provide is accurate and that you are authorized to use it to pay the Charges. You agree not to initiate a chargeback with your card issuer unless and until you have exhausted all attempts to resolve any disputes directly with us, and you understand that initiating a chargeback does not extinguish your obligation to pay.
How to Return or Exchange the Services. UIM isn’t required to accept returns, exchanges, or provide a refund unless stated in the return policy on the listing. [AH2]
If you knowingly provide false information, including any name, telephone number or other contact information that is not yours (whether it's someone else's or just made up), or if you fail to keep the information in your account current and correct, you agree to fully indemnify and be liable to us and each other party who relies on that false or incorrect information for any claims (including claims under the federal Telephone Protection Act or its state law equivalents), losses, liabilities, damages (direct, punitive, consequential or other), fines, penalties, and costs and expenses (including reasonable attorneys' fees) incurred by the affected parties in connection with the false or incorrect information. We have the exclusive right to choose counsel, at your expense, to defend any such claims.
6. Communications
You agree that communication may be made with you or your users by telephone, email, text (SMS) message or other electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Services.
Monitoring and Recording. When you contact us or when we contact you through the Services, we may monitor and/or record those communications to assure continuing quality, customer satisfaction and other legitimate business purposes. Calls between you and your users that originate with a transfer to a partner service (including any UIM Partner) may also be monitored and recorded.
Emails and Automated Calls/Texts. You consent to receive emails, autodialed, pre-recorded or artificial voice calls and text (SMS) messages from us or UIM Partners related to the Services and UIM Partner products or services that might interest you. These emails, calls or texts may be made to any email address or phone number you or your users provide, even if a number is registered on any state or federal Do Not Call list. Agreeing to receive marketing communications is not a condition of purchasing any products or services of ours or UIM Partners. For details on our use of your and your users’ personal information, and how to opt out of receiving our marketing communications, please see our Privacy Policy. For details on how to opt out of receiving UIM Partner marketing communications, please see the privacy policy of the UIM Partner that contacted you or your users.
7. Privacy
For complete details on our use of your information, including Collected Information (as defined below), please see our Privacy Policy.
8. User Conduct
We prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:
· Remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in the Content, Deliverables or accompanying the Services;
· Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law); Access, download, monitor, or copy any Content contained on or in the Properties or otherwise in the Services through automated or artificial means (including screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any Content through any means that we do not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file; Harvest information about users for any purpose; Frame any part of the Services; Use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including attempting to gain unauthorized access to any portion of the Properties, the Services, or any other systems connected to the Properties and Services). You may not use or access the Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm us, our service providers or suppliers, other users or any other person; Engage in any form of harassment or offensive behavior, including making abusive, threatening, defamatory, racist, obscene, or offensive statements or deceptive or fraudulent behavior; Use or disclose confidential information you received from us to any third party except as necessary to perform your obligations or exercise your rights contemplated by our relationship, until such information is no longer confidential. Confidential information includes but is not limited to information concerning our unpublished fees, marketing plans, financial results, unpublished pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public; Infringe or violate the privacy rights, property rights or any other rights of any person or entity, or; Violate any applicable law, rule or regulation.
9. Suggestions
If you elect to provide or make available to us any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise (“Suggestions”), we will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
10. Warranty Disclaimer
The Services are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, UIM, its affiliates, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers (collectively, the “UIM Parties”) disclaim all warranties, of all kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not have any obligation to contact you to update or correct any information previously accessed by or provided to you through the Services.
11. Third-Party Intellectual Property
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third-Party Materials”), and Third-Party Materials may be provided on the Properties as part of the Services. These Third-Party Materials are not owned or controlled by UIM. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by UIM. All non-UIM trademarks, product names and logos appearing on our Services are property of their respective owners.
12. Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), UIM will respond promptly to properly reported claims of copyright or trademark infringement. If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner. Notification pursuant to the DMCA should be submitted to:
UIM
Attn: Legal Department
411 1st Ave S, Ste. 501
Seattle, WA 98104
13. Termination
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate, limit or prevent any user’s future access to and use of the Services, for any at any time and for any reason (including those specifically described in these Terms).
14. Limitation of Liability
In no event will the UIM Parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your use of, or transactions with, UIM, your users, or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not UIM is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will the collective liability of the UIM Parties arising out of or in connection with the Terms, the Services, and your use of, or transactions with, UIM, your users or other third parties exceed the lesser of (a) the amount you have paid to UIM for use of the applicable Services in the preceding 12-month period or (b) if you have not had any payment obligations to UIM, one hundred dollars ($100). Any claims relating to the Services or the Terms must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
15. Indemnification
In addition to your indemnification obligations with respect to false or incorrect information (described above), you agree to indemnify, defend and hold harmless the UIM Parties from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including attorneys’ fees) due to or arising out of any violation by you of any of the Terms or applicable laws. UIM reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UIM in asserting any available defenses.
16. Release
You agree that you bear all risk and, in consideration of the services provided by UIM, you hereby release the UIM Parties from all claims, demands, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services and your use of, or transactions with, UIM, your users or other third parties (including any claims under the federal Telephone Consumer Protection Act, Truth In Caller ID Act or Telemarketing Sales Rule and any state equivalents, and any federal or state tort or consumer protection laws). You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the civil code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
17. Disputes
Binding Arbitration. You agree that any dispute or claim arising out of or relating in any way to the Terms, your access to or use of the Services or the Properties or any relationship between us, including the validity, applicability or interpretation of the Terms (any of these, a “Dispute”) will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Notwithstanding anything to the contrary, you and UIM may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth below.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in King County, Washington or the city within the United States in which you reside. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of entering judgments on arbitral awards.
Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Properties and/or the Services signifies your explicit consent to this waiver.
Venue. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
Governing Law. You agree that the Terms and any Dispute will be governed solely by United States and Washington state law, without regard to conflict of law provisions.
Attorneys’ Fees. If any of the UIM Parties take legal action against you as a result of your violation of these Terms, the UIM Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the UIM Parties.
18. General
Assignment. The Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with our prior written consent, but may be assigned by us without restriction and without notice to you.
Entire Agreement and Severability. The Terms constitute the entire agreement between you and UIM concerning the Services and supersede all prior or contemporaneous communications of any kind between you and UIM with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and UIM’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries. Nothing in the Terms create any right of action on the part of any third party, except for the UIM Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
Contact Us. If you have questions about these Terms, please contact us by email at marketingdesign@rwswarranty.com or in writing at P.O. Box 318, Carmel, IN 46082.