Terms & Conditions

HouseCheck FieldPro™ SARS-CoV-2 (coronavirus) Protocol or "HouseCheck Protocol" a Website Owned and Operated by National HouseCheck Corporation dba HouseCheck Environmental Services 

HOUSECHECKPROTOCOL.COM – TERMS OF USE

(Version Date: April 10, 2020)

 

Welcome to the HouseCheck Protocol Terms of Use ("Terms of Use"). The Terms of Use you see below are important because they: 

Outline your legal rights with regard to using the HouseCheck Protocol website and mobile applications

  • Outline your legal rights with regard to using the CovidClean.HouseCheck.com website and mobile applications

  • Explain the rights you give to us when you use the HouseCheck Protocol Site

  • Describe the rules everyone needs to follow when using HouseCheck Protocol/li>

  • Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

 

The Terms of Use apply to housecheckprotocol.com, a website owned and operated by National HouseCheck Corporation dba HouseCheck Environmental Services, its subsidiaries, affiliates, divisions, contractors and all data sources and suppliers all of which are referred to herein as "HouseCheck," “HouseCheck”, the "Company," "we" or "us". These Terms of Use are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by HouseCheck and otherwise through this site. Please read these Terms of Use, our Privacy Policy (found out housecheckprotocol.com/terms) and any other terms referenced in this document carefully.

INTRODUCTION

The Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of the covidclean.housecheck.com website (the "Website"), including any content, functionality and services offered on or through the Website, and any HouseCheck mobile applications (our "Applications" and together with the Website and services we provide through the Website and Applications, our "Site") whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site. By visiting the Site, or any page of the Site, and/or by using any HouseCheck Protocol services provided through the Site, you demonstrate that you (i) have read these Terms of Use, (ii) you understand them, (iii) you are 18 years or older, or you are at least 13 years old and have your parent or guardian’s consent to the Terms of Use, (iv) you live in the United States, (v) you have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws, and (vi) you agree and acknowledge that these Terms of Use do constitute a binding contract between you and HouseCheck and you will comply with and be bound and abide by these Terms of Use whether or not you create a HouseCheck Protocol account. If you do not want to agree to these Terms of Use, you must not access or use the Site.

HOUSECHECK RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF ANY SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. 

We have carefully selected third-party service providers that may offer valuable services to you (“Brand Partners"). Unless you are a Brand Partner acting in your professional capacity, you agree to use the Site for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of Brand Partners is limited to providing information to consumers via the Site or, where authorized. Without limitation, lending professionals and institutions are prohibited from using information provided by HouseCheck through the Site in making any loan-related decisions. The Site may be used only for transactions involving residential real estate and may not be used for transactions involving commercial real estate, which includes, without limitation, commercially zoned properties, timeshares and vacation rentals. Subject to the restrictions set forth in the following paragraphs, unless you are a Brand Partner, you may copy information from the Site only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Site. By filling out a contact request or other request form on the Site, you authorize HouseCheck to provide your name and contact information and other identifying information you provide to Brand Partners. You acknowledge that, by submitting your contact request or other request form on the Site, you may receive calls from or on behalf of Brand Partners at the telephone number(s) you provide, including mobile number(s). The Site may provide phone numbers that can connect you with HouseCheck or its Brand Partners. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to HouseCheck or through a Calling Service, you consent to such recording and monitoring. HouseCheck will treat recorded calls in accordance with its Privacy Policy.

ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend these Terms of Use, and any service or material we provide on the Site, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You may be required to create an account in order to use some features of the Site. To create a HouseCheck Protocol account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with HouseCheck Protocolwhen you register. You may not use the terms HouseCheck Protocol, HouseCheck or any derivatives or such terms as part of your screenname or username. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, photos, images, graphics, video and audio, and the layout and design, selection and arrangement and organization thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless you are a Brand Partner, these Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials, in RAM or a temporary internet cache file, incidental to your accessing and viewing those materials.

  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Except to procure your own personal services, unless a Brand Partner, you must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. Systematic retrieval of the materials or other data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, directory or database without the express written permission of Company is strictly prohibited.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or that, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. 

  • Use any device, software or routine that interferes with the proper working of the Site. 

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

  • Otherwise attempt to interfere with the proper working of the Site. 

USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and that all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion. 

  • Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, harassing, violent or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

DIGITAL MILLENIUM COPYRIGHT ACT

It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the Site infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") to the address provided below. In order to be effective, the notice must include the following:

  1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HouseCheck to locate the material.

  4.  Information reasonably sufficient to permit HouseCheck to contact you (e.g., an address, telephone number and an email address.

  5.  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

  6.  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In the event that materials are removed from the Site by the Company (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following:

  1. Your physical or electronic signature. 

  2.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

  3.  A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

  4.  Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the State of Delaware, and that you will accept service of process from the person who provided notification of the alleged infringement.

All written notices should be sent to the following: National HouseCheck Corporation, 950 West Bannock Street, Suite 950, Boise, ID, 83702, Attention: Legal Department; Email: legal@housecheck.com.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including without limitation our sharing of your Personal Information with our Brand Partners.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. The following sections of these Terms of Use shall survive any termination of these Terms of Use: User Contributions, Information About You and Your Visits to the Site, Links from the Site, Intellectual Property Rights, Trademarks, Disclaimer of Warranties, Liability Limitations/Exclusive Remedy, Governing Law and Jurisdiction, Limitation on Time to File Claims, and Other Terms and Conditions.

REFUND POLICY

We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we generally offer no refunds.

If you change your mind about your purchase and you have not downloaded our product, we will happily issue you a refund upon your request.

Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

This Site may provide certain social media features that enable you to: 

  • Link from your own or certain third-party websites to certain content on this Site. 

  • Send e-mails or other communications with certain content or links to certain content on this Site. 

  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you. 

  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  • Link to any part of the Site other than the homepage. 

  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. In addition, you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, including our Brand Partners, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

We provide this Site for use only by persons located in the United States. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by U.S. Export Laws. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

NO WARRANTY. HOUSECHECK PROVIDES THE SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSECHECK, ITS VENDORS AND ITS BRAND PARTNERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. HOUSECHECK, ITS VENDORS AND BRAND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL HOUSECHECK, ANY VENDOR OR ANY BRAND PARTNER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HOUSECHECK OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, Brand Partners and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION AND VENUE

MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.

  1.  You and HouseCheck both agree that any and all disputes or claims arising out of or relating in any way to your use of the Site, including any question regarding the existence, validity, or termination of these Terms of Use, will be resolved by binding arbitration before a sole arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify and HouseCheck may pursue a collection action against you in court. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.

  2.  Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited.

  3.  If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to HouseCheck, by certified mail, a written notice of your claim that (a) describes the nature and basis of the claim or dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: General Counsel, HouseCheck, 950 W. Bannock St., Suite 950, Boise, ID 83702 (“Notice Address”). If HouseCheck and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or HouseCheck may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form to initiate arbitration at www.adr.org.

  4.  The arbitration will be governed by the AAA’s then current Consumer Arbitration Rules, as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between these Terms of Use and the AAA Consumer Arbitration Rules, the Terms of Use will apply. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia in each case located in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  5.  Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.

  6.  If your claim is for US$25,000 or less, you and HouseCheck agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. If your claim exceeds US$25,000, the right to a hearing will be determined by the arbitrator. ANY IN-PERSON HEARING WILL OCCUR IN BOISE, IDAHO.

  7.  You and HouseCheck agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.

  8.  Any arbitration will be confidential. Neither you, HouseCheck, the AAA nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging of the arbitration award.

  9.  You may opt out of this dispute resolution procedure by providing written notice to HouseCheck at the Notice Address no later than 30 calendar days from the date of your purchase of any applicable HouseCheck services (or date of first use, in the case of free services). Such opt out will apply only to any services that you purchased or used and which you specifically identify in the notice; provided, however, it will not apply either retroactively or prospectively to any other services. If you purchase or use additional HouseCheck services in the future and wish to opt out of this dispute resolution procedure for those services, you will have to submit a new written notice. Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms of Use, or your ability to purchase or use services, in any way.

 

GOVERNING LAW

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

JURISDICTION AND VENUE

If for any reason a claim proceeds in court rather than in arbitration or small claims court, including if you opt out of the mandatory arbitration provision, we each waive any right to a jury trial and agree that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by HouseCheck, you and HouseCheck agree that jurisdiction and venue for all matters relating to these Terms of Use shall be vested exclusively in the state courts in Ida County, Idaho, or the U.S. District Court for District of Idaho.

If any part of this section is found to be unenforceable, the remainder of this section shall still be given full force and effect.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use constitute the sole and entire agreement between you and HouseCheck with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS

This Website is operated by HouseCheck, a division of National HouseCheck Corporation, 950 West Bannock Street, Suite 950, Boise, ID, 83702. Many if not most communications between Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. Please direct all other feedback, comments, requests for technical support and other communications relating to the Site to support@HouseCheck.com.

Privacy Policy

HouseCheck FieldPro™ SARS-CoV-2 (coronavirus) Protocol or "HouseCheck Protocol" , a Website Owned and Operated by National HouseCheck Corporation dba HouseCheck Environmental Services

HOUSECHECKPROTOCOL - PRIVACY POLICY

(Version Date: April 2, 2020)


National HouseCheck Corporation dba HouseCheck Environmental Services ("HouseCheck," "us," "we," or "our") is committed to protecting the privacy of the users of the online services made available through websites located at https://housecheck.com, specifically https://myhomecovidtest.com, and other locations where this privacy policy appears (collectively, our "Sites") and any HouseCheck mobile applications (our "Applications" and together with the Sites and services we provide through the Sites and Applications, our "Platform"). This privacy policy (the "Policy") discloses the information privacy practices for the Platform.


HouseCheck encourages you to contact us with any concerns about our collection, use or sharing of your information through our Platform. If you have questions or concerns regarding this Policy or our Platform, you should contact HouseCheck through the Platform, by e-mail at legal@housecheck.com or by writing us at National HouseCheck Corporation, 950 West Bannock Street, Suite 950, Boise, ID, 83702, Attention: Legal Department.

If we need, or are required, to contact you concerning any event that involves your information we may do so by email, telephone or mail.

INTRODUCTION AND SUMMARY
This policy is intended to inform you and other individuals accessing our Platform (collectively, "Users") of the use and sharing practices for the information we receive, collect and obtain through our Platform. Although we encourage you to read the entire Policy, the following provides a summary of some of the important aspects of our privacy practices:
• We allow you to "opt out" of certain uses of your information; however, selecting to opt-out will limit your interactions with the Platform.
• We have carefully selected third-party service providers that offer valuable services ("Brand Partners") that may be useful to our users. We use your information to provide you with products, services and information and connect you with our Brand Partners.
• We may combine the information we collect about you with information collected from other sources.
• We may share your information with third parties in some situations, such as in processing registration, administering our Platform, providing services through our Platform, and for direct marketing via our Brand Partners.
• We are committed to protecting and securing your personal information and will take reasonable and appropriate measures to secure your information, but we cannot promise that your information will remain secure in all circumstances.

BY ACCESSING OR USING OUR PLATFORM, YOU CONSENT TO THE COLLECTION, USE AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY. .

INFORMATION RECEIVED, COLLECTED AND OBTAINED BY HOUSECHECK
The information we receive, collect, and obtain includes information that is both Personal and Non-Personal (collectively, “Information”). "Personal" information refers to information that may be reasonably associated with, linked to, or used to identify an individual, allowing that individual to be personally identified or contacted. "Non-Personal" information refers to information that may not by itself be reasonably associated with, linked to or used to identify an individual. We may use and share the Personal Information and Non-Personal Information we receive, collect and obtain regarding you and other Users as described in this Policy.

We receive, collect, and obtain the following general types of Information:

INFORMATION COLLECTED FROM USERS.  HouseCheck collects Information directly from Users of our Platform through their use of our Platform. We may use Personal and Non-Personal Information collected from Users of our Platform in accordance with this Policy.

We may automatically collect Personal Information from you when you use or interact with the Platform. For certain services, HouseCheck may require you to create an account and provide an email address and password. If you submit a request for information on our Platform, we will collect any information you submit in connection with your request, including but not limited to, name, email address, telephone number, and any personalized message included in your request. In addition, we may collect other information that you may submit in the course of searching for properties or creating an account such as zip code and/or property viewed. If you call a toll-free telephone number provided on our Platform, we may record the call, as well as the date, time and length of your call and the phone number from which the call originated, along with other information that may be captured, and all such captured information may be used as described in this Privacy Policy.

We may also collect Personal Information from you voluntarily on the Platform, including through the information you voluntarily provide through your interactions with the Platform. These sources may include, for example, the registrations, responses, reviews, comments, purchases, confirmations, surveys, messages, posts, notes, phone calls and other communications you send through the Platform.

We may automatically collect Personal Information from you when you use or interact with the Platform. We may also collect Personal Information from you voluntarily on the Platform, including through the information you voluntarily provide through your interactions with the Platform. These sources may include, for example, the registrations, responses, reviews, comments, purchases, confirmations, surveys, messages, posts, notes, phone calls and other communications you send through the Platform.
In addition to your full name, the Personal Information we may collect from you will include, by way of example:
• Internet Protocol (IP) address.
• Browser type.
• E-mail address.
• Contact information (including phone number).
• Geographic location (including precise location information).
• Statistics regarding when and how you access the Platform, including pages accessed and functionality used.
• Performance related Information we may collect through your use of our Applications and the other features and functionality of the Platform.
• Other Personal Information you may volunteer on the Platform. • All information necessary to properly process payments for reports and account purchases.

Information Obtained from Third Parties. HouseCheck may obtain Information from other third parties regarding our Users. This Non-Personal Information may include, by way of example, performance information and other metrics regarding your use of and access to the Platform or demographic information from the geographic region associated with your IP address.

PERSONAL INFORMATION
The Personal Information that HouseCheck receives, collects, and obtains may be used for a variety of purposes, including by way of example:
• Providing the Users with access to the Applications and other features and functionality of the Platform.
• Customizing and improving the Platform.
• Providing advertising for goods and services we feel may be of interest to you.
• Providing maintenance, support and customer service for the Platform.
• Providing notices regarding the Platform.
• Providing Information to our Brand Partners.
• Processing payments for goods and services.
• Developing additional products and services.
• Contacting Users for direct marketing purposes.
• Contacting Users for information verification purposes.

In addition to the other uses of Personal Information described in this Policy, we may share the Personal Information we collect and obtain in the following ways:

Service Providers. We may share Personal Information with third parties that help us provide various services relating to the Platform rather than performing the services ourselves. For example, we may contract with a third party to: (a) maintain and manage our database of Information; (b) host our Sites; (c) assist us with Information collection; (d) provide analysis of our Information; (e) enhance or overlay our Information with other Information obtained from third parties; (f) deliver, and provide Information regarding the delivery of, electronic messages; or (g) provide other services to assist us in our business. We require that these third parties agree to use the Information we share with them only to perform their obligations to us and to treat all Information they receive from us in compliance with this Policy.


Brand Partners. We may share your name, address, company, job title and phone number with Brand Partners so that they may develop and offer products and services to you that we believe will be of interest.

For instructions on how to "opt-out" of disclosure of your Personal Information to these third parties, including how to opt-out of the disclosure of your Personal Information for direct marketing purposes, please see the "Choice and Opt-out" section below.

NON-PERSONAL INFORMATION  We may also generate Non-Personal Information from the Personal Information we receive, collect and obtain under this Policy. When we do so, we will take reasonable measures to ensure that the Non-Personal Information is no longer personally identifiable and may not later be reasonably associated with, linked to, or used to identify you. Once we generate any Non-Personal Information from any Personal Information, we will not later attempt to again make that information personally identifiable. However, we may combine and enhance that Non-Personal Information with other Non-Personal Information received or obtained from third parties.

Provided that this Information remains in non-personally identifiable form and may not be reasonably associated with or linked to you or used to identify you, we may use or share any Non-Personal Information we receive, collect, obtain or generate for any lawful purpose without a further duty or obligation to you. This will include, by way of example, generating product and service offerings based on the Non-Personal Information and providing those offerings to third parties.


SENSITIVE INFORMATION
You are not required to provide HouseCheck with any Information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive Information in order to use our Platform.


CHILDREN
Our Platform is not directed at children under 16 and we will not knowingly allow anyone under 16 to provide any personally identifiable information. If you are under 16, please do not provide any information about yourself. If you are at least 16 years old, but not 18 years old, you may only provide information with the consent of your parent or guardian.


THIRD PARTIES
Our Platform and emails may include links to third party web sites and/or the opportunity to share on social media (such as the “Share” or “Like” features on Facebook). Your access to such third party websites or use of social media features is subject to the privacy policies and practices of those third party websites and/or social media providers. HouseCheck does not control the collection, use or disclosure of any information on such third party links. You may access HouseCheck web sites through links on third party web sites. By entering HouseCheck web sites through a third party web site you may be allowing such third party’s web site to view any information you provide to HouseCheck. If you are concerned about entering through a third party web site, you can access HouseCheck web sites directly at www.HouseCheck.com or by downloading the HOUSECHECK mobile device application intended for use by consumers. HOUSECHECK IS NOT RESPONSIBLE FOR THE POLICIES OR PRACTICES OF ANY THIRD PARTIES, INCLUDING OUR BRAND PARTNERS. YOU SHOULD REVIEW THE APPLICABLE PRIVACY POLICIES OF THIRD PARTIES BEFORE PROVIDING THEM WITH ANY INFORMATION

DISCLOSURE OF INFORMATION AS REQUIRED BY LAW
Though we make reasonable and appropriate efforts to preserve User privacy as stated in this Policy, we may need to disclose Personal Information of certain Users when we have a reasonable and good-faith belief that the disclosure is necessary to enforce the terms of use for a Site or Application, to comply with a judicial proceeding, court order or other legal process, to avoid injury to a third party, or to otherwise enforce or protect our rights under applicable law, including, without limitation, our intellectual property rights. In these situations, we will use reasonable efforts to provide notice of our disclosure to all affected Users, to the extent reasonably possible under the circumstances.


YOUR CALIFORNIA PRIVACY RIGHTS
California law provides that California residents have a right to request that certain businesses tell them how their Personal Information is collected and used and whether and to whom it is being disclosed or sold. Such businesses must also offer California residents the ability to opt-out of having their Personal Information sold to a third party. We have adopted a policy of allowing you to opt-out of the disclosure of your Personal Information to third parties for their direct marketing purposes. Instructions for opting out can be found in the section below entitled "Choice and Opt-Out."


CHOICE AND OPT-OUT
We provide you with a choice whether to receive certain emails, phone calls, text messages, surveys or other messages through the Platform and the opportunity to 'opt-out' of having your Personal Information shared with third parties for certain purposes. If you no longer wish to receive messages from HouseCheck through the Platform, or to have your Personal Information shared with third parties as permitted by this Policy, you may opt-out of receiving those messages from us or having your Personal Information shared with third parties.


In many cases, opting out of receiving messages or having your Personal Information shared with a third party will not affect your ability to use or access the Platform. However, some messages (e.g., account notifications and service announcements) are considered necessary to our operation of the Platform. Likewise, some of the third parties with which we share your Personal Information are used by us to provide necessary functionality for the Platform. If you wish to opt-out of receiving these messages or of sharing your Personal Information with those third parties, we may be required to limit or cancel your access to and use of some or all of our Platform. Note also that while you may opt-out of receiving messages from HouseCheck, you may be required to contact other third parties directly to also opt-out of receiving emails or other messages from those third parties.


All opt-out requests can be made by contacting us at support@HouseCheck.com. Note that it may take up to 10 days to remove your contact information from our lists, so you may receive messages from us for a time after your request.

AUTOMATED TRACKING (COOKIES)
We and our third party service providers use "cookies" and other automated tracking technology to monitor and collect Information regarding your interaction with the Platform. "Cookies" include commonly used pieces of information in the form of small files that are placed on an individual's computer or mobile device to allow us to recognize your computer or mobile device.

We may use Cookies and other tracking technology that expire once you close your web browser or that persist and stay on your computer until you delete them. Most browsers will allow you to erase cookies from your computer or mobile device, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser or email software instructions or help screen to learn more about these functions. Our third party service providers may also use cookies or other tracking technologies on sites linked to through the Platform or emails sent on our behalf. We do not have access to information that would confirm the use of cookies or other tracking technology by our third party service providers.

ACCESS, REVIEW AND UPDATE OF INFORMATION
While HouseCheck takes reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete and current, we rely on you to update and correct your Personal Information. You may use the Platform or contact us as described above to review, delete, update or change contact, financial and account information received, collected or obtained by HouseCheck. SECURITY
HouseCheck is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100 percent effective and we cannot guarantee that your Information will be secure in all situations. We will nonetheless take all reasonable and appropriate steps to ensure the safety and security of your Personal Information. This includes using at least industry standard security measures to protect the loss, misuse and unintended alteration of the Personal Information under our control. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

TRANSFER OF INFORMATION
If HouseCheck elects, in its reasonable discretion, to transfer ownership or control of a Site or Application to a third party, whether or not in the context of an acquisition, merger or reorganization, you consent to the transfer of your Information (both Personal and Non-Personal) by HouseCheck to that third party, provided that all use and sharing of your Information by that third party remains subject to the terms of this Policy and any applicable changes.

UPDATES
We reserve the right to modify this Privacy Policy at any time. Any changes to the Privacy Policy will be posted here. If the changes are significant, we will provide you additional, prominent notice as appropriate under the circumstances

Corporate Headquarters

950 W Bannock Street, Ste 950

Boise, ID 83702

©2020 by National HouseCheck Corporation

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