(Last Updated 1.26.10)
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOUSE AGE CHECK LLC, the host of HouseAgeCheck.com (together, “HouseAgeCheck.com”). By using the HouseAgeCheck.com web site (the “Website”) or any forms or materials contained within the Website, you agree to be bound by these Terms and Conditions of Use (this “Agreement”) whether or not you choose to register on the Website. Any orders for any services provided by House Age Check LLC directly or indirectly via the Website, including the utilization of any forms or materials obtained from the Website (the “Services”), are governed by this Agreement. If you object to anything in this Agreement or our Privacy Policy, do not use the Website or the Services. Use of the Website, the Services or any forms or materials obtained from the Website will be deemed acceptance of all terms herein on an ongoing basis. This Agreement is subject to change by HouseAgeCheck.com at any time, effective upon posting on the Website, and your use of the Services after such posting will constitute acceptance by you of such changes. We reserve the right to change this Policy at any time. If we make any material changes to the Policy, we will post the revised policy on the Website and amend the “Last Updated” date set forth above.
HouseAgeCheck.com is a research and data analysis project providing services to the remodeling and construction industry, primarily in regard to the determination of the age of a residential property, known as the “year built”. Upon registration with HouseAgeCheck.com, you may submit data to HouseAgeCheck.com for analysis, coding of year built information and return to you. Address data may be submitted on an exported excel spreadsheet or .pdf file from your lead tracking software, or you may submit data on your own spreadsheet, internal forms or on the approved HouseAgeCheck.com data form (the “HAC Data Form”) which is downloadable from the Website. The HAC Data Form may be used repeatedly, and is designed in a fillable .pdf format, allowing it to be easily filled in by you on any computer using Adobe Acrobat. HouseAgeCheck.com will strive to analyze, code and return the data to you within hours of receipt.
At this time data is submitted by you and returned to you via HouseAgeCheck.com’s secure e-mail system: orders@HouseAgeCheck.com. If necessary, you may also submit data via fax at (800) 791-4126. In the future, registered users may be offered the option to establish an account online with HouseAgeCheck.com, and have data submitted and returned via a secure intra-net system.
For the time being, you may access the Website and/or register to use the Services at no cost. The Website accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
(A) Pricing. Services are priced based on the number and results of the analysis and coding of each data entry (each address) submitted to HouseAgeCheck.com, as follows:
(i) each address analyzed and coded green (year built is 1978 or later) or coded red (year built is 1977 or earlier) shall be Two Dollars ($2.00);
(ii) each address analyzed and coded yellow (unable to reliably determine the year built) shall be One Dollar ($1.00);
(iii) As applicable, a manual processing fee of One Dollar ($1.00) per address shall be charged on (a) any handwritten address; (ii) any address submitted via fax; or (iii) any address submitted other than via the HAC Data Form with typed contents. However, this manual processing fee shall only apply once per address. For example, the submission of an address in a handwritten form via fax shall only be charged one $1.00 manual processing fee.
(B) Agreement to Pay for Services. You agree to pay for all Services you purchase, and that HouseAgeCheck.com may charge your credit card for any Services purchased, and for any additional amounts (including any sales or other taxes and late fees, as applicable) as may be accrued by or in connection with your use of the Website or your account with HouseAgeCheck.com. Billing to your credit card occurs at the time of HouseAgeCheck.com returns to you the processed and coded data you have submitted. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING HOUSEAGECHECK.COM WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information by contacting HouseAgeCheck.com at info@HouseAgeCheck.com, or in the future you may be able to do so online at the Account Info section of the Website. (There may be a temporary disruption of your access to Services until HouseAgeCheck.com can verify the validity of the new credit card information.)
(C) Right to Change Prices and Availability of Services. Prices and availability of any Services are subject to change at any time.
(D) Electronic Signatures and Contracts. Your use of the Website and any Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON OR THROUGH MATERIALS DOWNLOADED FROM THIS SITE, INCLUDING SUBMISSIONS OF DATA, POLICIES, CONTRACTS, REGISTRATIONS AND APPLICATIONS.
(E) Records. HouseAgeCheck.com may not be relied upon to maintain records as to your use of the Website, or as to your purchase of Services. This is necessary in accordance with our strict Privacy Policy, in order to safeguard and protect you and other users. Please take steps as you desire to maintain records of any data you submit or receive in transactions with HouseAgeCheck.com. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
(F) Delivery of Services. At this time data is submitted by you and returned to you via HouseAgeCheck.com’s secure e-mail system: orders@HouseAgeCheck.com. If necessary, you may also submit data via fax at (800) 791-4126. In the future, registered users may be offered the option to establish an account online with HouseAgeCheck.com, and have data submitted and returned via a secure intra-net system.
For assistance with billing questions or other order inquiries, please contact us via e-mail at: info@HouseAgeCheck.com. Responses to emails will be provided as soon as possible.
This Agreement will remain in full force and effect while you use the Website, remain registered to use the Services or use the Services. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
You must be at least eighteen (18) years of age to register or otherwise use the Website. You must be an owner, employee, officer, agent or worker accessing the Website on behalf of a remodeling or home improvement contractor. Registration and/or use of the Services is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of HouseAgeCheck.com, which may be revoked at any time, for any reason, in HouseAgeCheck.com’s sole discretion.
HouseAgeCheck.com owns and retains all proprietary rights to the content on the Website and the Services. The Website contains the copyrighted material, trademarks, and other proprietary information of HouseAgeCheck.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Use of information contained in or provided to you as a result of Services you purchase is restricted to your use, and the use of the remodeling or home improvement contractor which you represent. Such information may not be published, sold, provided, displayed or transmitted to any other party.
HouseAgeCheck.com reserves the right, in its sole discretion, to terminate your registration or your use of the Website if you misuse the Services in any manner, including, but not limited to, the following: (a) posting, distributing, or reproducing in any way of copyrighted material, trademarks, or other proprietary information without the prior consent of the owner of such proprietary rights; (b) publishing, selling, providing, displaying or transmitting to any other party information contained in or provided to you as a result of Services you purchase; (c) interfering with or disrupting the operation of the Website or the servers or networks in connection therewith; (d) transmitting any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) using meta tags or code or other devices containing any reference to HouseAgeCheck.com or the Website in order to direct any person to any other Web site for any purpose; or (f) otherwise taking any action related to the Website of the Services which could be regarded as inappropriate, unlawful or illegal.
HouseAgeCheck.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Services (or any part thereof) with or without notice. You agree that HouseAgeCheck.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and/or the Services.
In order to protect the integrity of the Website and the Services, HouseAgeCheck.com reserves the right at any time in its sole discretion to block visitors from certain IP addresses from accessing the Website.
Use of the Website and/or the Services is governed by our Privacy Policy, which is incorporated by reference herein and made a part of this Agreement.
The Website and/or the Services may provide links to other World Wide Web sites or resources. Because HouseAgeCheck.com has no control over such sites and resources, you acknowledge and agree that HouseAgeCheck.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HouseAgeCheck.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
HouseAgeCheck.com is not responsible for any incorrect or inaccurate content posted on the Website or provided in connection with the Services, irrespective of the cause for same. The information and content provided in connection with the Services is gathered from a myriad number of public and private sources, including tax records, real estate listings, property land records, etc. As a matter of course, there is no guaranty that any particular piece of information obtained from such sources is 100% accurate. Errors may occur, for example, in the original posting of such information, in the recording of such information, or in the reproduction and posting of such information by parties unrelated to HouseAgeCheck.com. Accordingly, while HouseAgeCheck.com strives to ensure the complete accuracy of all content posted on the Website or provided in connection with the Services, HouseAgeCheck.com assumes no responsibility for any errors, typographical mistakes, defects or inaccuracies in the content posted on the Website or provided in connection with the Services.
HouseAgeCheck.com further assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, the Website’s content or e-mailed communications by and between you and HouseAgeCheck.com. HouseAgeCheck.com is not responsible for technical malfunctions, including, but not limited to, malfunctions relating to telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail, whether on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Services. Risk of loss and title for all electronically delivered Services pass to the purchaser of Services upon electronic transmission to the recipient. Under no circumstances will HouseAgeCheck.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Services. The Website and the Services are provided “AS IS” and HouseAgeCheck.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Any material posted on the Website and/or provided in connection with the Services is for informational purposes only and is not legal advice. Please consult with experienced legal counsel prior to engaging in lead safe work practices.
In no event will HouseAgeCheck.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of the Website or the Services, even if HouseAgeCheck.com has been advised of the possibility of such damages. If you are dissatisfied with any material on the Website, any information provided in connection with your use of the Services or with this Agreement, your sole and exclusive remedy is to discontinue using the Website and the Services.
a. HOUSEAGECHECK.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME HOUSEAGECHECK.COM MAY REMOVE OR CANCEL SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, SERVICES IS AT YOUR SOLE RISK. SERVICES DELIVERED TO YOU ARE (EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED BY HOUSEAGECHECK.COM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL HOUSEAGECHECK.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HOUSEAGECHECK.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. HOUSEAGECHECK.COM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HOUSEAGECHECK.COM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. HOUSEAGECHECK.COM DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND HOUSEAGECHECK.COM DISCLAIMS ANY LIABILITY RELATING THERETO.
HouseAgeCheck.com may send you notice with respect to the Services by sending an email message to the email address listed in your registration or by sending a letter via postal mail to the contact address listed in your registration. Notices shall become effective immediately. Should a dispute arise out of the use of the Website and/or the Services, by using the Website and/or purchasing Services, you expressly agree that any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Pennsylvania for the resolution of any such dispute.
You agree to indemnify and hold HouseAgeCheck.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website and/or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Services. This Agreement shall be deemed to include HouseAgeCheck.com’s Privacy Policy and any other notices or policies regarding the Website or purchase of the Services, whether posted on the Website or e-mailed to you. By accessing the Website or registering or purchasing any Services, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
Electronic Form. By accessing the Website or registering or purchasing Services, you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you access the Website, purchase Services or register. To receive a non-electronic copy of this Agreement, please send an e-mail with your request to info@HouseAgeCheck.com.
This Agreement contains the entire agreement between you and HouseAgeCheck.com regarding the use of the Website and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Headers utilized in this Agreement are for convenience purposes only.
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Kachina Lead Paint Solutions LLC
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