Terms of Service

Terms of Service 2018-12-15T00:59:24+00:00

PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU — USE OUR WEBSITE AND/OR MOBILE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.

 

TERMS OF SERVICE

Updated: 12/14/2018

If you have any questions regarding these terms of service, please email support@zinspector.com with any issues.

Pricing. zInspector’s pricing is subject to change and certain features may require minimum users.  All pricing plans automatically renew either monthly or annually as selected by the customer.  All paid plans must have current payment information on file.

 

Free-Use. We anticipate that users with less than 5 properties will be able to continue to use the core features of this service for free. However, zInspector has the right to change its pricing structure at any time and/or limit the use of specific features.

 

About This Document: This document contains required legal disclosures and notifies you of our terms of service. This document encompasses use of both our website and mobile software solutions. Any references to site, website, mobile apps, or software are encompassing of all software products provided by zInspector.

 

Your photos are your photos. We will never sell or publish your photos. However, we do need rights to access and copy them. For example, we make low resolution copies of your photos so you can quickly browse your information from our website. Furthermore, if you elect to use zInspector’s Photo Sharing features, zInspector cannot be held responsible for how those end users use your photos. One may equate the zInspector Photo Sharing feature equivalent to emailing someone else your photos from a legal rights perspective.

 

Property definition information is not considered to be your private information. zInspector may use Property Identifiers to facilitate sharing with other users and for other zInspector business services. Because of this, Property Identifiers are not considered your proprietary information. Property Identifiers may include (but not be limited to): property name, property address, number of bedrooms, number of bathrooms, lists of other rooms, amenities, GPS location of a property, or other information specific to describing the property. Because of this, when describing bedrooms for example, we recommend you do not use personal information.  For instance, we recommend you not define a bedroom as “Jill’s bedroom” or “kid’s bedroom”, but rather one should use a more generic description such as “first on the left”.

 

Note/Photo content, such as Comments, GPS locations of a photo, Job Numbers, and others are NOT considered Property Identifiers. zInspector will only use this Note/Photo content information for providing services only to you or your authorized users.

 

Group Sharing: If you elect to use Group Sharing, the Group Owner has sole proprietary rights to uploaded photos by any and all users. The Group Owner grants its users limited rights to use photos for purposes specifically defined by the Group Owner. If you are not the Group Owner, the Group Owner may disable your access to your generated content at any time. The Group Owner may elect to cancel your account or change your account permissions at any time. If you want to be part of Group and have your own private information, at this point, you must create two different accounts using two different email addresses.

 

Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our website. You may not use zInspector’s service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, zInspector will suspend your account or usage as applicable.

 

Furthermore, zInspector does not allow its software to be used for any purpose unsuitable to minors, such as pornography.

 

Electronic Communication: When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Copyright: All content included on the website or mobile applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of zInspector protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of zInspector and protected by U.S. and international copyright laws. All software used on this site is the property of zInspector or its software suppliers and protected by United States and international copyright laws.

 

Trademarks: The name, zInspector, and other zInspector graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, pending trademarks, or trade dress of zInspector in the U.S. and/or other countries. zInspector’s trademarks and trade dress may not be used in connection with any product or service that is not zInspector’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits zInspector. All other trademarks not owned by zInspector that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by zInspector.

 

License and Site Access: zInspector grants you a limited license to access and make use of the site and mobile apps and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of zInspector. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of zInspector without express written consent. You may not use any meta tags or any other “hidden text” utilizing zInspector’s name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of zInspector so long as the link does not portray zInspector, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any zInspector logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. zInspector reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Your account information should not be shared with anyone unless you must do so for a specific legal purpose such as estate planning. If you need others to have access to your information, you should use zInspector’s Group Sharing features.

 

zInspector may at any time limit the number of devices that may access any individual account to a maximum of two devices per registered user, like a smartphone and tablet. If you have a specific need to use more devices than that, please use Group Sharing, or please contact us through information on our webpage.

 

Right to Modify Service: zInspector, at its sole discetion, has the right to modify, change, or cancel its services. We also reserve the right to establish limits on the nature or size of storage available to you. In addition, zInspector may change or tier its services at any time including the changing of charged fees for specific services that were previously available at a lower price including zero.

 

zInspector has the right to update or change its software or cancel its availability without notice.

 

Risk of Loss: All items purchased from zInspector are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

 

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY zInspector ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. zInspector MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR — USE OF THIS SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, zInspector DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. zInspector DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM zInspector ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. zInspector WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE — USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Applicable Law: By visiting our website or use our mobile applications, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and zInspector.

 

Disputes: Any dispute relating in any way to your visit to our website or to products or services sold or distributed by zInspector in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of Yolo in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

 

 

ONLINE PRIVACY POLICY

zInspector and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected from you. We have adopted a corporate wide Online Privacy Policy that guides how we collect, store and use the information you provide online.  Please note that this policy applies only to sites maintained by zInspector and its subsidiaries, and not to web sites maintained by other companies or organizations to which we link.

 

If you have questions or concerns regarding this statement, you should first contact zInspector at the email address or postal address specified on our homepage.

 

 

Information Collection and Use

Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through our web site, including, but not limited, our services, to communicate with you, and to manage your registered user account, if you have one.

 

Information Collected Upon Registration: If you desire to have access to certain restricted sections of our web site, you will be required to become a registered user, and to submit certain personally identifiable information to zInspector. This happens in a number of instances, such as when you sign up for our services, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.

 

Use of Contact Information: In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.

 

Log Data: When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.

 

 

Cookies and Other Technologies

Cookies: We use cookies and other technologies to passively collect demographic information, personalize your experience on our site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within web sites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store or pages you have viewed. This information is used to keep track of your shopping cart and make sure you don’t see the same ad repeatedly. Also, we use cookies to deliver content specific to your interest and to monitor website usage. Some of our sites use an outside ad company to display ads. These ads may contain cookies. Our ad companies collect cookies received with banner ads, and zInspector does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. Please note that this privacy policy covers the use of cookies by zInspector only and does not cover the use of cookies by any advertisers.

 

Other Technologies: Other technologies used include clear GIFs and IP address logging. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.

 

 

Third Parties

Third Party Services: Members may register for other services from our website. Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services.

 

Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

 

Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of zInspector or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

 

Business Transfers: We may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.