HomeGauge Terms of Use

These Terms and Conditions govern access to, and use of, HomeGauge home inspection software, services and webhosting provided by Company. All Buyer offers to purchase HomeGauge are accepted by Company only subject to these terms and conditions. As consideration for use of HomeGauge, Buyer hereby agrees to these terms and conditions ("Terms and Conditions"). Buyer should read these terms carefully before deciding to purchase HomeGauge because Buyer's purchase means that Buyer accepts all of these Terms and Conditions. Company may modify these Terms and Conditions at any time at Company's discretion. Use of related online products and features may require Buyer's or User's acceptance of additional terms and conditions. Company will notify Buyer of any material changes to these Terms and Conditions and Buyer will be required to agree to the changes to continue to use HomeGauge. The current Terms & Conditions document can be viewed at https://www.HomeGauge.com/hg-terms.html

1. Definitions

"Buyer" means the entity or individual to whom Company is selling HomeGauge, whether an Inspector or a User.

"HomeGauge" and "HomeGauge Products" means the HomeGauge home inspection software and/or services, along with associated webhosting, used to manage, track, and deliver home inspections, including online home inspection report upload and delivery, provided by Company. A list of the home inspection services and features available as part of HomeGauge can be found at the following website: https://www.HomeGauge.com/inspector/services/features.html.

"Inspector" means an entity or individual providing home inspection services to whom Company is selling HomeGauge.

"Company" means SHGI Corporation, the provider of HomeGauge.

"User" means an entity or individual providing information or receiving information via HomeGauge, or otherwise using HomeGauge, including a real estate professional, other than an Inspector.

2. Copyright, Trademarks, Licenses and Submissions

The entire contents, graphics, site design, logos, icons and images of HomeGauge are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are Company and/or its affiliates or other appropriate parties. HomeGauge material, whether included on the HomeGauge software or provided electronically, including text, graphics, code and/or software, may not be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without Company's written consent. Buyer may print and download portions of material from HomeGauge software and websites solely for Buyer's own non-commercial use provided that Buyer agrees not to change or delete any copyright or proprietary notices from the materials. Buyer agrees to grant to Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information Buyer submits to any public areas of the HomeGauge website or HomeGauge websites hosted by Company.

3. Privacy Policy

Registration data and certain other information about or provided by Buyer or User is subject to Company's Privacy Policy, which can be found at http://www.HomeGauge.com/privacy.html

Inspector agrees to provide a copy of Company's Privacy Policy to Users of HomeGauge, or refer Users to the online location of Company's Privacy Policy, so Users are aware of the potential use of any information provided.

4. User Account

Buyer will receive a password and account designation upon completing the HomeGauge registration process. Buyer is responsible for maintaining the confidentiality of Buyer's HomeGauge password and account, and is fully responsible for all activities that occur under Buyer's password or account. Buyer agrees to immediately notify Company of any unauthorized use of Buyer's password or account or any other breach of security.

Individuals or companies that are competitors of HomeGauge or Company are forbidden and prohibited from completing the sign up process, obtaining a user account directly or indirectly and are not allowed to view password protected areas.

5. No Employment

In no way is any Inspector, or any User, an employee or agent of Company by means of their use of HomeGauge; all such Inspectors are still their own home inspection company with their own liability. Company is in no way responsible for the actions or neglect of Inspector while Inspector is performing a home inspection. An Inspector may not identify Inspector's company by the same title (HomeGauge, SHGI Corporation), or any similar name that would confuse someone or lead one to conclude that Inspector is an employee, owner or paid representative of Company or HomeGauge. Inspector may by all means advertise proudly as a user of HomeGauge. When using the HomeGauge logo, Inspector cannot alter the logo, including the color and tint. Yellow page ads can have the HomeGauge logo in black only. The HomeGauge logo can be used in other advertising or stationary (i.e. the brochures, cards, and circulars of Inspectors, etc.), but must be the standard colors and cannot be altered other than in size.

6. User Conduct

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted by Buyer, are the sole responsibility of the Buyer from whom such Content originated. Company does not control the Content posted and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via HomeGauge.

Buyer shall not use HomeGauge to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity; or
  3. upload, post, email, transmit or otherwise make available any Content that Buyer does not have a right to make available under any law.

7. No Warranty

COMPANY AND COMPANY'S SUPPLIERS PROVIDE HOMEGAUGE AND ALL RELATED SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY AND COMPANY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMTIED TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.

8. Limitation of Liability

IN NO EVENT SHALL COMPANY OR COMPANY'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH HOMEGAUGE, COMPANY'S SITE, COMPANY'S SERVICES OR THESE TERMS AND CONDITIONS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

IN ADDITION, COMPANY SHALL NOT BE LIABLE IN ANY RESPECT FOR FALSE REPRESENTATION ON THE PART OF BUYER, INSPECTOR OR USER, UNAUTHORIZED ACCESS TO BUYER DATA, OR INTENTIONAL MISUSE OF THE DATA STEMMING FROM THE UNAUTHORIZED USE OF HOMEGAUGE.

COMPANY'S SOLE LIABILITY RELATED TO THE SALE OF HOMEGAUGE AND BUYER'S EXCLUSIVE REMEDY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO A REFUND OF THE AMOUNTS PAID FOR HOMEGAUGE AT COMPANY'S SOLE OPTION AND ELECTION OR TERMINATION.

9. Indemnity

Buyer agrees to indemnify and hold Company and Company's affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Buyer's breach of this Agreement or the documents it incorporates by reference, or Buyer's violation of any law or the rights of a third party.

Inspector hereby agrees to indemnify and hold SHGI Corporation and its respective officers, directors, employees, successors and assigns, harmless against any and all claims, demands, suits, damages or expenses of whatever form or nature, including reasonable attorneys' fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of any acts or omissions of Inspector arising out of (i) Inspector's use of the template inspection agreement, and (ii) Inspector's use of HomeGauge products and services, including its onlin e features and platform.

10. Privacy

All collection, use, and disclosure of data collected will comply at all times with all applicable laws and regulations governing privacy, data security and the protection of personal information and handled subject to Company's privacy policy. Company and its affiliates recognize the importance of earning and keeping our customers' trust. Company's privacy policy can be viewed at: https://www.HomeGauge.com/privacy.html.

Company will protect the data collected from HomeGauge as indicated in Company's privacy policy; however, Buyer and User should note that the collected data may be deemed discoverable for investigations or litigation purposes and, as such, Company and/or its affiliates may be required to provide the data to others as required by law. Company's privacy policy outlines Company's use of collected data, including personally identifiable information, and those instances in which such information may be disclosed.

11. Data Collection, Use, and Disclosure

Via the use of HomeGauge Products, Buyer, Inspector, and User, can be expected to provide certain information to Company as part of the use of HomeGauge. This information ranges from personally identifiable information like name, email address, mailing address, zip code and occupation, to information entered, collected or produced about the home in question as part of the home inspection and inspection report production process for which HomeGauge Products are used. By using HomeGauge Products, Buyer provides Company with access to use of the data provided, and provides consent to Company's use of this data as outlined in Company's privacy policy.

Inspector agrees to disclose the following language to any User or other individual or party to whom Inspector uses HomeGauge Products to provide services:

"In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into HomeGauge inspection software and services, which inspector uses to produce the inspection report. This information may include personally-identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the provider of HomeGauge, as set out in the HomeGauge Privacy Policy found at https://www.HomeGauge.com/privacy.html Inspectors may choose to use this information to market new or related products and services to clients."

12. Governing Law

These Terms and Conditions shall be governed by the laws of the State of North Carolina without reference to its conflict of laws provisions and enrollee further consents to exclusive jurisdiction of state and federal courts sitting in the state of North Carolina.

Last modified: 2017-12-20