Terms of Use Agreement

ReportHost

This document last revised on 19 March 2020

IMPORTANT: READ CAREFULLY

This Terms of Use Agreement (the “Agreement") is a legal agreement between “You” and ReportHost, LLC. (“ReportHost,” “We” or “Us”) for the Service (as such term is defined below).

The Service provided by ReportHost is meant to improve Your efficiency in managing Your inspection reports. It is meant to allow You to quickly generate reports that fit Your and Your client’s business needs and personal styles, with flexibility to customize content, present Your logo and company information in Your own way, tailor header and footer information, size and label photos, and generally craft a custom and thorough deliverable.

IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, REPORTHOST IS UNWILLING TO LICENSE THE SERVICE TO YOU, NO LICENSE IS GRANTED AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SERVICE.

By downloading, installing, creating a user account, or otherwise using the Service, You represent to Us that you are at least 18 years old and You agree to be bound by the terms of this Agreement along with the ReportHost Privacy Policy.

This Agreement governs your use of the Service only. Any other contractual agreements between You and ReportHost remain in effect.

1. Software Delivery and Acceptance

Subject to Your agreement to be bound by all terms and conditions of this Agreement, ReportHost authorizes You to use and access ReportHost’s proprietary software and related media accessible at www.reporthost.com, including all related subdomains, which includes compiled software code, images, music, media, templates, data, a user interface, any documentation accompanying the program, and any updates or supplements of such software and documentation (collectively, the “Service”). The Service is deemed accepted by You when You access the Service..

2. License Terms and Conditions

Subject to all terms and conditions of this Agreement, ReportHost hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited license to use and access the Service in accordance with this Agreement and any and all agreements and documents executed by You or delivered by ReportHost. The Service is licensed to you, not sold, and ReportHost reserves the right to revoke such license at any time and disable your ability to use the Service for any reason or for no reason.

2.1 ReportHost Privacy Policy. The ReportHost Privacy Policy located at https://www.reporthost.com/privacypolicy.asp is incorporated herein by reference (“Privacy Policy”). The Privacy Policy provides information about your privacy rights and explains how ReportHost protects your personal information.

3. Proprietary Rights

The Service is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Service not expressly licensed under this Agreement are reserved to ReportHost. You shall not reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, rent, lease, sublicense, assign, or otherwise transfer any portion of the Service except as expressly authorized in this Agreement. No right to use any trademark or trade name of ReportHost is granted to You hereunder other than the right to display the ReportHost marks that are placed on the Service and any ReportHost messages when they are rendered in the Service, in which case such marks may not be altered or removed by You without written approval by ReportHost.

By way of explanation and without limiting the foregoing, ReportHost’s content is protected by copyright. Put plainly, Your license to use ReportHost’s content in Your own reports does not extend to contributing the content for other’s use, to inducing others to copy the content, or to using the content outside the scope of this Agreement.

4. Service Usage

4.1 Overview & Fees. Creating an account to use ReportHost is free. Access to Your account is required in order to publish reports and use other aspects of the Service. We may allow You a certain number of free, promotional uses for publishing reports. Following the exhaustion of any free uses provided by Us to You, We charge You a fee for continued use of the Service. Our prices (including pricing for our subscription plans) are available online at https://www.reporthost.com/prices.asp. If You generate a report through our subscription plan, this report will no longer be available the month following the month that the report is purchased. We reserve the right to change our fees at any time. We will make reasonable efforts to inform You of any pricing change. We may also temporarily change fees in relation to promotional events (for example, without limitation, providing You with additional free reports) and such changes are effective when we email You or when we post the temporary promotional event on the ReportHost home page. We may in Our sole discretion change some or all of Our services at any time.

4.2 Company Accounts. If You are an entity with multiple users, You shall create a Master Account. You shall then instruct Your users to create accounts that are related to this Master Account.

4.3 Payment to ReportHost. You shall make all applicable payments to ReportHost promptly and by either check, credit card, or PayPal. If you choose to use a credit card, ReportHost currently uses PayPal to process credit card transactions. You may make a payment through PayPal by sending payment to payments@reporthost.com. You shall ensure such payment is not flagged by PayPal as “pending.” If You reverse an electronic payment, We reserve the right to apply a $35 late fee to Your account and to take additional action including, without limitation, suspension of Your account. If You do not pay to ReportHost the fees accrued within 30 days of the due date of such fees, We may suspend Your access to the Service or parts of the Service.

4.4 Payment of Applicable Fees. You acknowledge and agree that You shall pay all fees associated with using the Service to the appropriate owing party, including, without limitation, all applicable taxes.

4.5 Report Generation and Access. Unless designated as a “sample report,” reports You generate through use of the Service will be made available for viewing, revising, and republishing for 120 days. While reports are not generally available after these 120 days, users with accounts in good standing may restore these reports for additional 120 day periods for viewing, revising, and republishing. ReportHost grants You the right to keep one copy of reports you generate in Your local data storage solely for the purposes of backup. You hereby transfer and assign all rights You have in reports You generate to ReportHost. ReportHost may allow third parties to access the reports You generate through use of the Service that You have marked as samples.

4.6 ReportHost Hosting. You acknowledge and agree that, without written permission from ReportHost, You shall not host or allow to be hosted any report generated through the Services on any server that is not under the control of ReportHost or is otherwise contemplated by this Agreement.

4.7 Account Abandonment. If You (1) do not log into your account with 30 days of creating the account; (2) have never published and do not publish a report using the Service through Your account for three or more months; or (3) do not publish a report using the Service through Your account for six or more months, then We may deem Your account abandoned and delete Your account and all associated material without notice to You.

4.8 No Guarantees Provided. The Service acts in part as a venue to home inspectors to write reports and make these reports accessible to their clients. We are not involved in the actual transaction between ReportHost users and their clients. You acknowledge and agree that We have no control over and assume no liability for the quality, safety or legality of the reports published, or the truth or accuracy of information contained in the reports.

5. User Content

ReportHost may allow you to upload or post audio, video, images, text or other content through the Service (“User Content”). Unless You and We otherwise agree, all User Content you provide to ReportHost, whether via the Service or otherwise, shall be deemed to be non-confidential. Subject to the Privacy Policy and applicable law, ReportHost shall be free to use such information on an unrestricted basis.

ReportHost does not have the obligation to, and does not, pre-screen any User Content. However, ReportHost reserves the right to remove or edit any User Content at any time and without notice to You. When you use the Service, you agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that:

A. is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;

B. is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless you own such rights or have received all necessary consent;

C. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Site;

D. falsely provides a review for a product or service that you have not purchased or used, or misrepresents your experiences relating to any products or services;

E. constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or "spam," or an offering or dissemination of fraudulent goods, services, schemes or promotions;

F. is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;

G. is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or

H. violates any applicable local, state, national or international law.

(collectively “Prohibited User Content”).

6. Digital Millennium Copyright Act – Notice & Takedown

If you are a copyright owner and believe that any User Content infringes upon your copyright rights, you may submit a notification to ReportHost’s Designated Agent at: support@reporthost.com. Pursuant to the Digital Millennium Copyright Act 17 U.S.C. Sec. 512(c)(2), such notification must include:

A description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Your contact information (email and telephone number); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

7. Representations and Warranties

You represent and warrant the following during your download, installation, and/or use of the Service:

A. You are able to and desire to form this legally binding contract, and there are no restrictions concerning Your ability to do so.

B. You will comply with all applicable laws, domestic and international, regarding Your use of the Service.

C. You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country;

D. You are not listed on any U.S. government list of prohibited or restricted parties;

E. You possess all necessary rights to post any User Content you post using the Service; and

F. You will not post any Prohibited User Content.

G. Your published reports are accurate, truthful, and compliant with state, regional or national organizations (including, but not limited to, InterNACHI and ASHI).

8. Third Party Content

The Service may display, include, make available or link to content, data, information, applications, websites or materials introduced into the Service by third parties (“Third-Party Content”). ReportHost is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, efficiency, advertising, terms of use, privacy policy, practices, software code or any other aspect of the Third-Party Content. ReportHost disclaims all liability arising from or relating to the Third-Party Content.

Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information, or materials in any way whatsoever except to use the Service for its intended purposes.

9. Internet Access

Use of the Service requires an internet connection and may result in charges from your cellular service provider. ReportHost is not responsible for any such charges. ReportHost is also not liable for any disruption, failure or malfunction of the Internet or other service providers or for any other situation or event that is out of ReportHost’s direct control. REPORTHOST IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.

10. Restrictions on Use

Unless and to the extent specifically provided otherwise in writing by ReportHost, You may not:

A. separate any individual component of the Service for use;

B. incorporate any portion of the Service into other software or compile any portion of it in combination with other software;

C. use the Service, or any portion of Service, with any other service or over a network;

D. sell, rent, lease, lend, loan, distribute, assign or sublicense the Service or otherwise transfer any rights to it in whole or in part;

E. modify, reverse engineer, decompile, remove any proprietary notices or disassemble the Service in whole or in part, or create any derivative works from or of the Service, or encourage, assist or authorize any other person to do any of these things; or

F. make copies of or distribute the Service or electronically transfer it or any portion of it from one computer to another or over a network.

We may discontinue some or all of the functionality of the Service at any time. We may also terminate your right to use the Service at any time, and in such event we may modify it to make it inoperable. You agree to abide by all laws and regulations in effect regarding your use of the Service, including without limitation, all driving laws and laws relating to copyright-protected content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

ReportHost is intended as a report publishing service. As such, dissemination of information produced on ReportHost by You is limited to those pages produced as a result of publication through the Service. You shall not use the Service to produce information (for example, without limitation, reports) and copy that information to other media (for example, without limitation, to avoid publication charges). Should You engage in this activity, We may terminate Your use of the Service and remove all past reports created by You from our system.

Further, ReportHost is not intended as a method for obtaining a free web page without utilizing the report publishing service. If You use the Service but do not use the publication services, We may terminate Your use of the Service and remove all past reports created by You from our system.

11. Updates

ReportHost may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Service or portions thereof available to You under this Agreement for the purpose of, among other things, distributing bug fixes, patches and feature improvements. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. ReportHost disclaims any and all liability relating to Your failure to install any updates to the Service. Notwithstanding the foregoing, ReportHost does not have any obligation to provide any bug fixes, modifications, updates, or technical or end user support for the Service.

12. Collection and Use of Data

You acknowledge that the Service automatically collects information, data and statistics relating to your use of the Service, and compiles such information, data and statistics. Subject to the terms of the Privacy Policy, ReportHost reserves the right to use such information, data and statistics in the course of ReportHost’s business, and you hereby agree to ReportHost’s use. Unless specifically agreed in writing by ReportHost, ReportHost is not responsible for, and hereby disclaims all warranties relating to, the storage of any data for use with the Service.

13. Login Credentials.

You shall not share Your user account information with others or allow third parties to use Your login credentials to the Service at any time or for any reason unless otherwise allowed in writing by ReportHost. You warrant, and ReportHost may assume and rely on the assumption, that any and all activity and use of the Service under Your user account is done by You. You shall maintain an accurate and current email address associated with Your account at all times. You are solely responsible for maintaining the security of, for example, your username, password, and all other user account information, and You agree that ReportHost will not be liable for any loss or damages resulting from use of your account by others.

14. Indemnification

You shall defend, indemnify, and hold harmless, ReportHost and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Service; (ii) any dispute between You, Your clients, and any other user or users; (iii) Your use, creation or posting of Prohibited User Content; (iv) Your violation or breach of this Agreement, or (v) the infringement by You (or any other user of your username or account) of any intellectual property or right of any person or entity. You agree that

15. Disclaimers; Limitations of Liability

REPORTHOST DOES NOT PROMISE THAT THE SERVICE OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS PROVIDED BY REPORTHOST “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. REPORTHOST CANNOT ENSURE THAT THE SERVICE OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICE, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICE, IS AT YOUR OWN RISK. REPORTHOST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REPORTHOST BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF REPORTHOST, AND EVEN IF REPORTHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, REPORTHOST IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, REPORTHOST’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE SERVICE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST REPORTHOST. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

16. Termination

Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, ReportHost may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Service and discontinue exercising all license rights granted by this Agreement. Sections 2 through 21 of this Agreement will survive any termination of this Agreement.

17. Dispute Resolution; Choice of Law

This Agreement shall be construed and controlled by the laws of the State of Washington without reference to its choice of law provisions, and You consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the applicable Washington State Court located in King County, Washington. You waive and covenant not to assert all defenses of lack of personal jurisdiction and forum non conveniens.

18. Export Law Compliance

You acknowledge that the Service is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Service, including all applicable U.S. export-control laws and regulations, as well as any end-user, end-use and destination restrictions issued by U.S. and other governments.

19. Other Agreements

This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and ReportHost with respect to Your use of the Service, and any and all other written or oral agreements or understandings previously existing between You and ReportHost with respect to such use are hereby superseded and cancelled. This Agreement is not intended to supersede or replace any other agreements entered into with ReportHost by You or Your company, including, without limitation, any ReportHost website terms of use. To the extent there are any conflicts or inconsistencies between this Agreement and any other agreement, policy or documentation, the following order of precedence will apply for resolving such conflicts or inconsistences: (ii) this Agreement shall control; and then (iii) any other agreements, policies, or documentation.

20. Void Where Prohibited

Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. ReportHost reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

21. Miscellaneous

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. ReportHost’ failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by ReportHost of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between ReportHost and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.