Terms of Service
1. ACCEPTANCE OF TERMS
Site Audit Plus (“Site Audit Plus,” “Company,” “we,” “us,” “our”) provides its service to you subject to the following Terms of Service (“TOS”). We may update this TOS by posting a new version on our website, and your continued use of the Service after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this TOS, you should discontinue all use of the Service immediately.
2. DESCRIPTION OF SERVICE
Site Audit Plus offers its users the opportunity organize their punch lists. Unless explicitly stated otherwise, any new features that augment, expand or enhance the current Service shall be subject to this TOS.
(a) Site Audit Plus is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account. Your Subscription, and annual billing of your account, will continue indefinitely until cancelled by you.
Your membership or subscription might renew if you don’t cancel your membership or subscription more than 24 hours before your renewal date.
(b) Your Site Audit Plus membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed annually, until you cancel. (Alternatively, you will be charged once and only once if you opt for a Lifetime Membership.) Once we begin to bill you, cancellations take effect starting at the end of your current billing period. Sorry–there are no refunds on Site Audit Plus subscriptions for billing periods that have already lapsed. As long as you cancel your Free Trial membership more than 24 hours before the end of the Free Trial period, you will not be charged.
(c) The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are thirteen (13) years of age or older and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Any registration by, or use or access of the Service by, anyone under the age of 13 is not authorized and in violation of this TOS. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Site Audit Plus has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Site Audit Plus may deny you access to areas requiring registration, at its sole discretion.
4. PRIVACY POLICY
Your Registration Data, as well as information that you may provide at other times during your use of the Service, is subject to our Privacy Policy, which is incorporated by reference into these Terms.
5. ACCOUNT PASSWORD AND SECURITY
Some features of the Service require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a valid email address.
As a result of your registration for the Service, you may receive certain communications from Site Audit Plus. You understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that Site Audit Plus may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Site Audit Plus, its users and the public.
6. FREE TRIAL, AUTO PAYMENTS AND REFUNDS
Site Audit Plus is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account. Your Subscription, and annual billing of your account, will continue indefinitely until cancelled by you. (The exception is Lifetime Memberships, for which you are billed once and only once.)
Your Site Audit Plus membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically annually, until you cancel. (The exception is Lifetime Memberships, for which you are billed once and only once.) Once we begin to bill you, cancellations take effect starting at the end of your current billing period. Unfortunately, we are not able to offer refunds on Site Audit Plus subscriptions due to the extensive credit card processing fees incurred for small transactions. If you cancel your Free Trial membership more than 24 hours before the end of the Free Trial period, you will not be charged.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
7. USER CONDUCT
(a) By using the Services, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and Site Audit Plus reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. Site Audit Plus reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Services to:
•A. post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
•B. stalk or otherwise harass another.
•C. post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so.
•D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
•E. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
•F. post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein.
•G. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
•H. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
•I. intentionally or unintentionally violate any applicable local, state, national or international law.
Violation of our rules may result in the removal of your content from the Service and/or the canceling of your account.
(b) You understand that all materials submitted by users (“User Materials”), including but not limited to profile information, recipes, reviews, and other food related content, as well as communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Site Audit Plus, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Site Audit Plus be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service. You represent and warrant that: (i) you own the User Material posted by you on or through the Site Audit Plus Services or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of User Material by you through the Site Audit Plus Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting by you of User Material through the Site Audit Plus Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Material you post on or through Site Audit Plus Services. You further represent and warrant that any recipe, formula, or instruction contained in the User Materials you post is accurate and is not injurious to the user.
(c) You acknowledge that Site Audit Plus may or may not pre-screen User Materials, but that Site Audit Plus and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Service. Without limiting the foregoing, Site Audit Plus and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in Site Audit Plus’s sole discretion. You understand that by using the Service, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Service.
With respect to User Materials you submit or make available on the Service, you grant Site Audit Plus an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify, defend, and hold Panna and its subsidiaries, affiliates, officers, employees, agents, licensees, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.
10. MODIFICATIONS TO SERVICE
Site Audit Plus reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the Restricted Areas, with or without notice. You agree that Site Audit Plus shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Site Audit Plus may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Service’s Restricted Areas, and (b) barring further use of the Service’s Restricted Areas.
13. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, such as through banner ads or hyperlinks displayed on the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Site Audit Plus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Service.
14. LINKS
The Service may provide links to other World Wide Web sites or resources. Because Site Audit Plus has no control over such sites and resources, you acknowledge and agree that Site Audit Plus 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 Site Audit Plus 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
15. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Service are owned by Site Audit Plus or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Site Audit Plus, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
16. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
•a. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. Site Audit Plus expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Site Audit Plus assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
•b. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results form the download or use of any such content.
•c. No advice or information, whether oral or written, obtained by you from Site Audit Plus or through or from the Service shall create any warranty not expressly stated in the TOS.
17. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT SITE AUDIT PLUS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SITE AUDIT PLUS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SITE AUDIT PLUS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SITE AUDIT PLUS FOR THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
20. NOTICE
Site Audit Plus may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service; provided, however, that this Section places no requirements on Site Audit Plus not already expressly set forth herein.
21. TRADEMARK INFORMATION
Site Audit Plus and other names, logos and marks are the trademarks and service marks of Site Audit Plus or its Licensors or Affiliates (the “Site Audit Plus Marks”). You agree that you will not display the Site Audit Plus Marks, or use the Site Audit Plus Marks in any manner, without the prior written permission of Site Audit Plus.
22. DISPUTES
Any controversy or claim arising out of or relating to the TOS, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
You and Site Audit Plus agree that any arbitration shall be limited to the dispute between Site Audit Plus and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is not right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Site Audit Plus agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Site Audit Plus’s intellectual property rights; and (2) any claim for injunctive re
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Site Audit Plus agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. Site Audit Plus controls the Service from its offices within the United States of America, and the Service is intended for use only in the United States of America. Site Audit Plus does not represent that the materials on this Service are appropriate or made available for use outside of the United States of America.
The TOS and the relationship between you and Site Audit Plus shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Site Audit Plus with respect to the Service and supersedes any prior agreements, oral or written, between you and Site Audit Plus.
Waiver and Severability of Terms. The failure of Site Audit Plus to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barre
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to support@tryvin.com
