Speedy Inspector Cloud Terms of Use Policy
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. SUBSCRIBER'S USE OF ANY OF THE
SPEEDY INSPECTOR CLOUD SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND
CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH
TO USE ANY OF THE SPEEDY INSPECTOR CLOUD SERVICES. IF YOU CHOOSE TO ACCEPT
THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES
(ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY SPEEDY INSPECTOR. APPLICABLE
LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.
Definitions:
Speedy Inspector Cloud - refers to the data storage and integration service
being provided by Speedy Inspector in conjunction with the Speedy Inspector
mobile application.
Speedy Inspector Cloud services - refers to the ability provided to
Subscribers of said service to integrate Speedy Inspector mobile app data
from multiple authorized devices, for upload from and download to said
devices.
Speedy Inspector Cloud SERVICE AGREEMENT - refers to the contractual
agreement represented through the collective set of policies presented in
the Speedy Inspector Cloud TERMS OF USE policy, Speedy Inspector Cloud
CANCELLATION and TERMINATION Policy, and Speedy Inspector PRIVACY POLICY.
Provider - refers to Speedy Inspector and its subsidiaries and product
development affiliates.
Subscriber - refers to the individual, business, corporation, or other
entity entering into this Speedy Inspector Cloud SERVICE AGREEMENT with
Speedy Inspector, along with all associates, employees, constituents, or
other individuals granted access to Speedy Inspector Cloud services through
said entity's account and/or device authorization.
Provider may change, add or remove any part of these Terms at any time. If
it does so, Provider will post the updated policy on the Speedy Inspector
Cloud services management website, at:
app.speedyinspector.com/terms. IF ANY FUTURE CHANGES ARE
UNACCEPTABLE TO SUBSCRIBER, SAID SUBSCRIBER ENTITY AND USERS SHOULD
DISCONTINUE USING THE SERVICES. SUBSCRIBER'S CONTINUED USE OF THE SERVICES
NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE
SUBSCRIBER'S ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.
This document was last updated May 10, 2013.
Subscriber's use of the Speedy Inspector Cloud Services is also subject to
the Speedy Inspector Cloud PRIVACY POLICY.
USING THE SPEEDY INSPECTOR CLOUD SERVICES
When Subscriber accepts these Terms and complete the Speedy Inspector Cloud
registration process (if Subscriber has not already done so), Subscriber
will be ready to use the Speedy Inspector Cloud services. Remember, do not
reveal Subscriber ID or password to anyone else. Subscriber Speedy Inspector
Cloud account may be at risk if Subscriber lets someone use this information
inappropriately.
Subscriber subscription is on a 30-day billing cycle utilizing automatic
renewal. If subscriber exceeds their bandwidth and/or storage limits prior
to the end of the billing cycle their usage will be restricted accordingly.
A subscriber may choose to upgrade at any time during the 30-day billing
cycle.
AVAILABILITY OF THE SPEEDY INSPECTOR CLOUD SERVICES
While Provider will make all reasonable efforts to ensure that the Speedy
Inspector Cloud services are available at all times, Provider does not
guarantee, represent or warrant that Subscriber access to any of the Speedy
Inspector Cloud services will be uninterrupted or error-free. In addition,
while Provider makes reasonable efforts to ensure that all Content and/or
information submitted by Subscriber to Provider will be secure, Provider
does not guarantee that the Speedy Inspector Cloud services will be free
from loss, corruption, attack, viruses, “worms”, “trojan horses” or other
harmful components, or from interference, hacking or other security
intrusions. It is Subscriber's responsibility to back up all Subscriber data
periodically to ensure that all Content is available to Subscriber in the
event of any loss or damage.
Provider may change, suspend or discontinue any of the Speedy Inspector
Cloud services at any time. Provider may also impose limits on the use of or
access to certain features or portions of the Speedy Inspector Cloud
services, in any case without notice or liability. Provider reserves the
right to disable access to Speedy Inspector Cloud services at any time, for
purposes of information security, maintenance, upgrades, performance
testing, and integrity of service.
ACCEPTABLE USE GUIDELINES
There are rules and standards that Subscriber must abide by in connection
with Subscriber use of the Speedy Inspector Cloud services. As a user of any
of the Speedy Inspector Cloud services, Subscriber agree to comply with the
guidelines set forth in these Terms, and Subscriber acknowledges that
Provider has the right to enforce those guidelines as it deems appropriate
in its sole discretion. This means that if Subscriber, or anyone using
Subscriber's account or identifying information, violate these Terms,
Provider may take any and all actions -- from the issuance of a warning to
terminating Subscriber's right to use the Speedy Inspector Cloud services to
cancellation of Subscriber order for any products and involvement of the
appropriate authorities -- that Provider deems necessary or appropriate.
Provider may not be required to provide notice prior to terminating
Subscriber's right to use the Speedy Inspector Cloud services for violating
these Terms, but it may choose to do so (subject to applicable local, state,
U.S. and non-U.S. law). In the event of service termination due to
Subscriber violation of these Terms, Provider will not issue a refund,
except where legally obligated. For example, unwarranted or misapplied
uploads and downloads of inspection reports will lead to suspension of
downloading abilities if bandwidth cap within the terms of Subscriber's
Speedy Inspector Cloud subscription plan is met.
If Provider decides to investigate or resolve possible misuse involving
Subscriber or any information or any Content Subscriber submits to Provider
with respect to Subscriber's use of the Speedy Inspector Cloud services,
Provider may (subject to applicable local, state, U.S. or non-U.S. law)
disclose any information about Subscriber and any such information,
including the content, to law enforcement or other government officials, as
Provider, in its sole discretion, believes to be necessary or appropriate,
or is required to do so by law.
BY USING THE SPEEDY INSPECTOR CLOUD SERVICES, SUBSCRIBER AGREES (TO THE
EXTENT PERMITTED BY LAW) TO WAIVE ANY CLAIMS SUBSCRIBER MAY HAVE AGAINST
SPEEDY INSPECTOR OR ITS SUBSIDIARIES AND AFFILIATES, AND TO HOLD SPEEDY
INSPECTOR AND ITS SUBSIDIARIES AND AFFILIATES HARMLESS AND INDEMNIFY SPEEDY
INSPECTOR AND ITS SUBSIDIARIES AND AFFILIATES WITH RESPECT TO ANY CLAIMS
RELATING TO ANY ACTION TAKEN BY SPEEDY INSPECTOR OR ITS SUBSIDIARIES OR
AFFILIATES AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS
AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED. THIS MEANS THAT SUBSCRIBER CANNOT SUE OR RECOVER ANY
DAMAGES WHATSOEVER FROM SPEEDY INSPECTOR OR ITS SUBSIDIARIES, AFFILIATES,
BUSINESS PARTNERS, EMPLOYEES, SUB-CONTRACTORS, OR OTHER CONSTITUENTS, AS A
RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR
CONTENT, TO WARN SUBSCRIBER, TO SUSPEND OR TERMINATE SUBSCRIBER'S ACCESS TO
THE SPEEDY INSPECTOR CLOUD SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE
INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PROVIDER’S
CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND
INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED
BY THIS AGREEMENT.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
SUBSCRIBER EXPRESSLY AGREES THAT SUBSCRIBER USE OF, OR INABILITY TO USE, THE
SPEEDY INSPECTOR CLOUD SERVICES IS AT SUBSCRIBER'S SOLE RISK. THE SPEEDY
INSPECTOR CLOUD SERVICES AND ANY PRODUCTS ORDERED BY SUBSCRIBER THROUGH SAID
SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY PROVIDER) PROVIDED “AS IS” AND
“AS AVAILABLE” FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO SUBSCRIBER.
IN NO CASE SHALL SPEEDY INSPECTOR, ITS DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS, BUSINESS PARTNERS OR SUB-CONTRACTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM
SUBSCRIBER'S USE OF ANY OF THE SPEEDY INSPECTOR CLOUD SERVICES OR FOR ANY
OTHER CLAIM RELATED IN ANY WAY TO SUBSCRIBER'S USE OF SAID SERVICES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, PROVIDER'S
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LOCAL LAW.
NOTICES
Provider, may send notices to Subscriber with respect to the Speedy
Inspector Cloud services by sending an e-mail message to the email address
stored in Subscriber's Speedy Inspector Cloud contact information.
LEGAL PRINCIPLES
Subscriber agrees that these Terms are not intended to confer and do not
confer any rights or remedies upon any person other than Subscriber, as a
user of the Speedy Inspector Cloud services, and Speedy Inspector (including
business partners, sub-contractors, and constituents of Speedy Inspector).
If any part of these Terms is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect. Provider’s failure
to enforce any right or provisions in these Terms will not constitute a
waiver of such provision, or any other provision of these Terms. Except as
required by applicable non-U.S. local or national law, the laws of the State
of California, excluding its conflicts of law rules, govern these Terms and
Subscriber's use of the Speedy Inspector Cloud services. Subscriber's use of
the Speedy Inspector Cloud services may also be subject to other local,
state, national (U.S. and non-U.S.), and international laws. Subject to the
foregoing, Subscriber expressly agrees that exclusive jurisdiction for any
claim or dispute with Provider regarding or relating in any way to
Subscriber's use of the Speedy Inspector Cloud services resides in the
courts of the State of California.
Under California Civil Code Section 1789.3, California users of the Speedy
Inspector Cloud service receive the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted in writing
at 1020 N Street, #501, Sacramento, California 95814, or by telephone at
1-916-445-1254.
FOR NON-U.S. USERS OF THE SPEEDY INSPECTOR CLOUD SERVICES
Orders for products may be accepted and/or processed by Speedy Inspector, a
California company, or any of its subsidiaries or affiliates. The personal
information which Subscriber gives to the Provider when registering for the
Speedy Inspector Cloud services or placing any order for products will be
used in connection with Subscriber's use of the Speedy Inspector Cloud
services or fulfilling the Subscriber's order, and will be transferred to
and maintained in Speedy Inspector’s records in the United States. If
Subscriber does not consent to this transfer, do not accept these Terms for
use of the Speedy Inspector Cloud services.
SPECIAL PROVISIONS FOR PARTICULAR SERVICES
Speedy Inspector and its subsidiaries and affiliates do not guarantee or
warrant that any photos, digital images, documents or text (collectively,
“Content”) Subscriber sends to Speedy Inspector Cloud as part of
Subscriber's property inspections through the Speedy Inspector Cloud
services will not be subject to inadvertent damage, corruption or
destruction. Subscriber is responsible for backing up all Content; Speedy
Inspector (including its business partners, subsidiaries, affiliates,
employees, sub-contractors, and constituents), will not be responsible for
any archiving or back-up of any Content. If any Content which is transmitted
to Speedy Inspector Cloud is damaged, lost or corrupted in any way, Speedy
Inspector and affiliates will have no obligation or liability to Subscriber.
Subscriber is solely responsible for Subscriber's use of the Speedy
Inspector Cloud services, including all content Subscriber generates or
uploads to Speedy Inspector Cloud. Speedy Inspector (including its business
partners, employees, sub-contractors, subsidiaries, affiliates, and
constituents) is not and will not be responsible for what is in any such
Content.
Provider reserves the right to refuse to process any data transfer by
Subscriber containing content that Provider, in its sole discretion, deems
abusive, defamatory, obscene, in violation of copyright or trademark laws,
or otherwise offensive, illegal, inappropriate or unacceptable, including
any material Provider believes may cause any liability for it under any
applicable law or regulation, or which may cause Provider to lose the
services of any supplier that may provide services as part of the Speedy
Inspector Cloud services or in connection with fulfilling any order for
Products. In particular, Speedy Inspector reserves the right to refuse to
process orders containing Content which, in Provider's sole opinion,
contains expressions of abuse, offensive language or images of obscenity or
pornography. Furthermore, Provider reserves the right to terminate said
account immediately without notice and report to appropriate authorities.
By submitting Content to Provider, Subscriber is representing that
Subscriber is the legal owner of such material, or have proper authorization
from the owner of the Content to distribute it. Subscriber hereby grants
Provider a worldwide, royalty-free, non-exclusive license to use the Content
for the limited purpose of processing Subscriber's order for Products
through the Speedy Inspector Cloud services. Said license will terminate
upon fulfillment of Subscriber's order.