Terms of Service / thewebinspectors.com
Last updated: August 1, 2022
TERMS OF SERVICE
Before using any of the services offered on the website, you are required to read and agree to these terms. You may only purchase our Service after reading and accepting these terms.
ACCEPTANCE OF TERMS
The web pages and services available at thewebinspectors.com (“Site”) are owned and operated by Packet Craft, LLC.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing the Site or using any services available on the Site you are agreeing to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We reserve the right, at our sole discretion, to modify or replace the terms at any time. If a revision is material we will notify you by posting an announcement on the site. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
DESCRIPTION OF SERVICE
The Site is an online provider that offers website inspection services for other businesses. Services include, but are not limited to, any service and/or content thewebinspectors.com makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Our website inspections are performed in accordance with our Standards of Practice. By purchasing or using our Service, you agree to the scope, limitations, exclusions, and definitions outlined in our Standards of Practice.
USE OF SERVICE
Services are available only to legal entities and to individuals who are at least 18 years of age.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has purchased any Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at our sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
We reserve the right to discount rates at our discretion.
Payments for services are made in advance through our website.
GUARANTEE / REFUND POLICY
Website Inspection Guarantee
We will refund your website inspection fee if we do not find any defects on your first paid inspection. Subsequent inspections on the same website are not covered by this guarantee. All refunds will be credited to the original payment source within 30 days of the refund request.
LINKS AND THIRD-PARTY MATERIALS
We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We may terminate or suspend any and all Services immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of our Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Packet Craft, LLC, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Packet Craft, LLC, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
LIMITATION OF LIABILITY
In no event shall thewebinspectors.com, or Packet Craft, LLC, be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to discontinue the use of our Services.
THEWEBINSPECTORS.COM, PACKET CRAFT, LLC, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY THEWEBINSPECTORS.COM OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. We may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Colorado between two residents thereof, the parties submit to the exclusive jurisdiction of Colorado courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms.
If you have any questions about these Terms, please contact us.