Terms of Use

Last updated: [12/19/2024]

We are Modern Insight Home Inspections LLC (“Company,” “we,” “us,” “our“), a company registered in New York, United States, based in Hicksville.

We operate the Modern Insight Home Inspections website (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

You can contact us by visiting our contact page.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Modern Insight Home Inspections LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided through our Services is not intended for use by anyone in jurisdictions where such use would violate local laws or regulations. If you access our Services from outside the U.S., you are responsible for complying with local laws.

Our Services are not designed to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your activities fall under such laws, please do not use the Services. Additionally, you may not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or license all intellectual property rights in our Services, including source code, databases, software, designs, audio, video, text, photographs, and graphics (collectively, “Content”), as well as trademarks and logos (the “Marks”). These are protected by copyright, trademark, and other laws in the U.S. and worldwide.

The Content and Marks are provided “AS IS” for your personal, non-commercial use only.

Your use of our Services

If you comply with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services.
  • Download or print Content you have properly accessed.

Except as allowed here, you may not copy, reproduce, distribute, or exploit the Services, Content, or Marks for any commercial purpose without our written permission. To request permission, contact us. If granted permission, you must credit us as the owners and include any copyright notice.

We reserve all rights not expressly granted to you.

Any breach of these rights is a material breach of our Legal Terms and will result in the termination of your access to our Services.

Your submissions

When you submit any questions, comments, or feedback about the Services (“Submissions”), you assign all intellectual property rights in those Submissions to us. We can use them for any lawful purpose without compensation to you.

By submitting content, you confirm that:

  • You understand and agree to our “PROHIBITED ACTIVITIES.”
  • Your Submission is not illegal or harmful and does not infringe on others’ rights.
  • Your Submission is original or you have the rights to share it and grant us the necessary permissions.
  • Your Submission is not confidential.

You are responsible for your Submissions and agree to compensate us for any losses due to breaches of this section, third-party rights, or applicable laws.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. You have the legal capacity and agree to comply with these Legal Terms.
  2. You are not a minor in your jurisdiction.
  3. You will not access the Services through automated means (e.g., bots or scripts).
  4. You will not use the Services for illegal or unauthorized purposes.
  5. Your use of the Services will comply with all applicable laws and regulations.

If any information you provide is false, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and deny any future use of the Services.

4. PURCHASES AND PAYMENT

You agree to provide accurate and up-to-date information for all purchases made through the Services. This includes keeping your account and payment details current so we can process transactions and contact you as needed. Sales tax may be added to your purchases, and prices can change at any time. All payments will be in US dollars.

You authorize us to charge your payment provider for your purchases and any applicable shipping fees. Please note that we do not store or process payment information; all payment transactions are handled by a third-party processor. We reserve the right to correct pricing errors, even after payment has been processed.

We may refuse any order and limit or cancel quantities per person, household, or order. This includes orders placed using the same account or payment method. We also reserve the right to prohibit orders that seem to be placed by dealers, resellers, or distributors.

5. POLICY

All sales are final and no refund will be issued.

6. PROHIBITED ACTIVITIES

You may not use the Services for any purpose other than their intended use, especially for commercial endeavors not approved by us. As a user, you agree not to:

  • Systematically collect data or content from the Services without our written permission.
  • Mislead or defraud us or other users, especially to obtain sensitive information.
  • Interfere with security features of the Services.
  • Disparage or harm us or the Services.
  • Harass or abuse others using information obtained from the Services.
  • Misuse our support services or submit false abuse reports.
  • Use the Services in violation of any laws or regulations.
  • Engage in unauthorized framing or linking to the Services.
  • Upload or transmit harmful materials, including viruses or spam.
  • Use automated systems to access the Services without permission.
  • Remove copyright notices from Content.
  • Impersonate another user.
  • Upload materials that collect information without consent (e.g., spyware).
  • Disrupt or overload the Services or associated networks.
  • Intimidate our employees or agents.
  • Bypass access restrictions on the Services.
  • Reverse engineer or modify any software associated with the Services.
  • Use automated systems for unauthorized purposes.
  • Collect user information for unsolicited emails or create accounts under false pretenses.
  • Compete with us or use the Services for revenue-generating purposes.

7. USER GENERATED CONTRIBUTIONS

While the Services do not allow users to submit content, you may have the opportunity to create and share materials, including text, images, videos, and suggestions (“Contributions”). These Contributions may be visible to other users and third parties, and will be handled per our Privacy Policy.

By submitting Contributions, you represent and warrant that:

  • Your Contributions do not infringe on any third-party rights (including copyrights and trademarks).
  • You have all necessary rights and permissions to use and authorize us to use your Contributions.
  • You have obtained consent from identifiable individuals in your Contributions for their use.
  • Your Contributions are truthful and not misleading.
  • Your Contributions are not unsolicited advertisements or spam.
  • Your Contributions are not obscene, harassing, or objectionable.
  • Your Contributions do not promote violence or violate any laws or regulations.
  • Your Contributions respect the privacy and publicity rights of others.
  • Your Contributions do not include offensive remarks related to race, gender, or other protected characteristics.
  • Your Contributions comply with all applicable laws and these Legal Terms.

Any violation of these terms may result in termination or suspension of your access to the Services.

8. CONTRIBUTION LICENSE

You agree that we may access, store, and use any information you provide per our Privacy Policy and your settings.

By submitting feedback or suggestions about the Services, you grant us the right to use that feedback for any purpose without compensation.

You retain full ownership of your Contributions and any associated intellectual property rights. We are not liable for statements made in your Contributions. You are solely responsible for your Contributions and agree to release us from any liability or legal action related to them.

9. GUIDELINES FOR REVIEWS

You may leave reviews or ratings on the Services, but you must adhere to the following criteria:

  1. You should have firsthand experience with the person/entity being reviewed.
  2. Your reviews must not include offensive language or hate speech.
  3. No discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Reviews should not mention illegal activities.
  5. You must not be affiliated with competitors when posting negative reviews.
  6. Do not make legal conclusions in your reviews.
  7. Avoid posting false or misleading statements.
  8. Do not organize campaigns for reviews, positive or negative.

We reserve the right to accept, reject, or remove reviews at our discretion. We are not obligated to screen or delete reviews, and they do not reflect our opinions or those of our affiliates. We assume no liability for reviews or any claims arising from them. By posting a review, you grant us a perpetual, non-exclusive, royalty-free license to use your review content as we see fit.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites (“Third-Party Websites”) and content from third parties (“Third-Party Content”). We do not monitor or verify the accuracy or completeness of these Third-Party Websites or Content and are not responsible for their content, accuracy, opinions, or privacy practices. Linking to or using Third-Party Websites or Content does not imply our endorsement.

If you choose to access Third-Party Websites or use Third-Party Content, you do so at your own risk, and our Legal Terms no longer apply. We are not liable for any purchases made through Third-Party Websites, which are solely between you and the third party. You agree that we do not endorse any products or services offered on these sites and hold us harmless for any harm or losses resulting from your interactions with them.

11. SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations of these Legal Terms and take appropriate legal action against anyone who violates them, including reporting to law enforcement. We may refuse, limit access to, or disable any of your Contributions as needed. We may also remove excessive files or content that burden our systems and manage the Services to protect our rights and ensure proper functioning.

12. PRIVACY POLICY

We prioritize data privacy and security. Please review our Privacy Policy. By using the Services, you agree to our Privacy Policy, which is part of these Legal Terms. The Services are hosted in the United States. If you access them from other regions, you consent to the transfer and processing of your data in the United States, even if local laws differ.

13. TERM AND TERMINATION

These Legal Terms remain effective while you use the Services. We may deny access or terminate your use at our discretion, without notice, for any reason, including violations of these terms or applicable laws. If your account is terminated or suspended, you may not create a new account under any name, including those of third parties. We reserve the right to pursue legal action if necessary.

14. MODIFICATIONS AND INTERRUPTIONS

We may change or remove content on the Services at our discretion and without notice. We are not obligated to update information and are not liable for any modifications, price changes, or service interruptions. Availability of the Services is not guaranteed, and we may experience technical issues or maintenance that affect access. We have no liability for any loss or inconvenience due to downtime.

15. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of New York, without regard to conflict of law principles.

16. DISPUTE RESOLUTION

Informal Negotiations

To resolve any disputes (“Dispute”) related to these Legal Terms, both parties agree to attempt informal negotiations for at least thirty (30) days after written notice of the Dispute.

Binding Arbitration

If informal negotiations fail, disputes will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You waive your right to a jury trial or to sue in court. Arbitration may occur in person, by document submission, by phone, or online, and will be held in Nassau, New York. If arbitration is not feasible, disputes may be litigated in the courts of Nassau, New York.

Time Limit

Disputes must be initiated within one (1) year of the cause of action.

Restrictions

Arbitration will be limited to individual disputes; class-action or representative actions are not allowed.

Exceptions

The following disputes are excluded from arbitration: (a) those concerning intellectual property rights; (b) claims of theft, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

17. CORRECTIONS

The Services may contain typographical errors, inaccuracies, or omissions regarding descriptions, pricing, and availability. We reserve the right to correct these errors and update information at any time without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. USER DATA

We maintain certain data you transmit to the Services for performance management and usage tracking. While we perform regular backups, you are responsible for your data. We are not liable for any loss or corruption of data, and you waive any claims against us for such losses.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, emailing us, and completing online forms are considered electronic communications. You consent to receive these communications and agree that all agreements and notices we provide electronically satisfy legal writing requirements. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us.