Terms and Conditions of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the use of TERREPORT™ online products and services including, but not limited to those located at TERREPORT.com and using the TERREPORT Progressive Web App whether installed on computers, smartphones, tablets or any other devices (collectively, the "Site"). The Site is the property of Yardgrass & Co Media Corp.
TERREPORT reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, TERREPORT grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Except as provided herein, no other rights are conferred to you. These Terms of Use do not confer any third-party rights or benefits to you.
Content
All graphics, user interfaces, visual interfaces, photographs, text, trademarks, logos, sounds, music, artwork, and computer code, along with the design, structure, selection, coordination, expression, "look and feel", and arrangement of such content (collectively, the "TERREPORT Content") are owned, controlled, or licensed by or to TERREPORT and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no TERREPORT Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution for any purpose without TERREPORT's express prior written consent.
TERREPORT takes no responsibility for any third-party content (including, without limitation, any viruses, Trojan horses, or other intrusive or disabling programs), nor does TERREPORT have any affirmative obligation to monitor such third-party content. TERREPORT reserves the right at all times to remove or refuse to post or distribute any content on the Site, such as content which violates the terms of this Terms of Use. TERREPORT also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to: (1) satisfy any applicable law, statute, regulation, rule, legal process or governmental request, (2) enforce this Terms of Use, including any investigation over potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support inquiries, or (5) protect the rights, property or safety of TERREPORT, its users and the public. TERREPORT will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Use.
Your Responsibilities
You may use information made available by a third party for your internal business purposes only, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal or informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such materials.
You understand that all data, text, information, links and other content (collectively "Content") whether posted in public or restricted group, is the sole responsibility of the person from which such Content originated. This means that you, the user, and not TERREPORT, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively "Post") via the Site. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TERREPORT be liable in any way for any Content, including, but not limited to, for 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 via the Site. You agree that you must evaluate, and bear all risks on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission through the Site, including TERREPORT Content and Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any TERREPORT Content and Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any such Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. TERREPORT reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any TERREPORT server, or to any of the services offered on or through the Site, by hacking, password "mining", or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of TERREPORT, including any TERREPORT account not licensed by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TERREPORT’s systems or networks, or any systems or networks connected to the Site or to TERREPORT.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TERREPORT on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content or TERREPORT Content for any purpose that is unlawful, immoral or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TERREPORT or others.
You agree when Posting any Content that you are conferring to other users of this Site that they have your permission to use your Content for any legitimate internal and commercial purpose.
Proper Conduct
You agree that you are responsible for your own conduct and communications while using the Site and for any consequences thereof. You agree to use the Site only to send and receive material that is legal, proper, and related to the particular business purpose raised in the Site.
Proper Use
We grant you limited, non-exclusive, revocable permission to make use of the TERREPORT Site & Service, and limited, non-exclusive, revocable permission to make personal use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or TERREPORT. You promise and agree that you are using the TERREPORT Site & Service and Content for your own personal use and that you will not redistribute or transfer the TERREPORT Content other than for the specific business purposes intended by the TERREPORT Site & Service.
The TERREPORT Site, Software Applications and the Content are not sold or transferred to you, and TERREPORT and its licensors retain ownership of all copies of the even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices ("Devices").
All TERREPORT trademarks, service marks, trade names, logos, domain names, and any other features of the TERREPORT brand are the sole property of Yardgrass & Co Media Ltd or its licensors. The Agreements do not grant you any rights to use any TERREPORT Brands whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the TERREPORT Site, Software, Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, TERREPORT grants no right, title, or interest to you in the TERREPORT Site, Service or Content.
Third party software (for example, open source software libraries) included in the TERREPORT Site are made available to you under the relevant third-party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website or otherwise published by the third party on their websites. TERREPORT's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
TERREPORT may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
The Site may access and use your location information as well as data received from you and your agents and customers through the use of TERREPORT's products and services. By using this Site, you agree that TERREPORT and its affiliates may collect this information and use such information for the purposes of preparing, analyzing, relicensing, reselling, and redistributing data, analyses of industry trends, performance, and benchmarking, provided that all such data is fully anonymized to remove any identifying characteristics that could be tied to a consumer or transaction prior to distributing any such information to third parties, and any personal and customer-identifying information is de-identified prior to distributing any such information to third parties. This notice will serve as your sole notice that the Site may collect your information, and you may not receive any reminders or further notice.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Copyright
By visiting the Site, you understand and agree that all copyrights and trademarks will be respected.
You may not modify, copy, distribute, transmit, display, publish, sell, or license any TERREPORT Content without the express written consent of TERREPORT and any applicable third-party owner or licensor. You may not create derivative works, or use any information, content, or software available on or through this Site for any purpose without the express written consent of TERREPORT and any applicable third-party owner or licensor. In addition, you may not reproduce, transmit, transcribe, store in a retrieval system, or translate into any human or computer language any part of the material and databases on this Site in any form or by any means whatsoever without the express written consent of TERREPORT. Such consent may be requested by contacting TERREPORT
info@terreport.com.
Trademarks
You should assume that any product or service name on the Site is a registered mark, trademark, or service mark and the intellectual property of TERREPORT or a third party. You are prohibited from using any TERREPORT or third-party trademarks or service marks noted on the Site for any purpose, including but not limited to use as metatags on other webpages or internet sites without the express written permission of TERREPORT or such third parties. If TERREPORT grants such written permission, you may not use the trademarks and service marks in any manner that (i) is likely to cause confusion among customers or the public, or (ii) disparages or discredits TERREPORT.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including using a GOOGLE or Microsoft Single Sign On ID). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify TERREPORT immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by TERREPORT or any other user of or visitor to the Site due to a third party's use of your password or TERREPORT account.
You may not use anyone else's TERREPORT ID, password or account at any time without the express permission and consent of the holder of that person, password or account. TERREPORT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
TERREPORT's Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. TERREPORT's Privacy Policy may be found at
www.terreport.com/privacy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclaimers
TERREPORT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED FREE OF CHARGE AND AS SUCH ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TERREPORT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM, OR THE CONTENT POSTED ON THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TERREPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TERREPORT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TERREPORT SITE & SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TERREPORT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A FUNDAMENTAL PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
TERREPORT reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL TERREPORT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT TERREPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS CONTENT INCLUDING TERREPORT CONTENT, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL TERREPORT BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE DOLLAR ($1.00).
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD TERREPORT, ITS PARENT, WHOLLY-OWNED SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, HARMLESS FROM ANY DEMANDS, LOSSES, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS' FEES), MADE AGAINST TERREPORT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE.
Violation of These Terms of Use
TERREPORT may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TERREPORT's rights or property, or the rights or property of visitors to or users of the Site, including TERREPORT's customers.
TERREPORT reserves the right at all times to disclose any information that TERREPORT deems necessary to comply with any applicable law, regulation, legal process or governmental request. TERREPORT also may disclose your information when TERREPORT determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that TERREPORT may preserve any transmittal or communication by you with TERREPORT through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or TERREPORT determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of TERREPORT, its employees, users of or visitors to the Site, or the public.
You agree that TERREPORT may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to TERREPORT, for which monetary damages would be inadequate, and you consent to TERREPORT obtaining any injunctive or equitable relief that TERREPORT deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TERREPORT may have at law or in equity.
You agree that TERREPORT may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) anticipated or unexpected technical issues or problems.
If TERREPORT does take any legal action against you as a result of your violation of these Terms of Use, TERREPORT will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to TERREPORT. You agree that TERREPORT will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
TERREPORT Licensors and Third-party Products
The Site & Software may contain or reference connections and links to websites and software services provided and operated by third parties ("Third-Party Products") such as GOOGLE, MICROSOFT and others . These API connections and links are provided as a convenience only. Such Third-Party Products are not under the control of TERREPORT. TERREPORT is not responsible for the content of any Third-Party Product or any link contained in a Third-Party Product. TERREPORT does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Products, and the inclusion of any connection or link in the Site & Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TERREPORT of any Third-Party Product. In no event will TERREPORT be responsible for the information contained in such Third-Party Product or for Your use of or inability to use such website or software. Access to any Third-Party Product is at Your own risk, and You acknowledge and understand that linked Third-Party Products may contain terms and privacy policies that are different from those of TERREPORT. TERREPORT is not responsible for such provisions, and expressly disclaims any liability for them. In addition, use of the following Third-Party Products is subject to the additional terms and conditions stated herein.
ADHERENCE TO STANDARDS OF PRACTICE
The following terms apply to the creation, sale, delivery and distribution of inspection reports.
(a) Your use of the TERREPORT Site and any creation, sale, delivery, review, and processing of any Inspection Report and related Files is at Your sole risk and discretion;
(b) You are solely responsible for maintaining compliance with the Standards Of Practice (ASHI or Others) and any other standards, local or national laws or regulations to which You and/or any of Your clients or customers may be subject.
(c) You represent and warrant that You are responsible for the creation and review of any Inspection Reports to be processed using the TERREPORT Site. You will, and will cause any inspector or other person responsible for or identified in any form, report, or process to, use best practices in connection with any such creation, review and revision, which includes, without limitation, a visual review of the resulting data stream, form, report, or process against the original inspection, data stream, form, report, or process, and (iii) You have saved, and caused any inspector or other person to save, a copy of any such form, report, or results of the process for future reference.
Google Maps
By using Google Maps, you hereby consent to Google's Map Terms, Legal Notices, Acceptable Use Policy, and Privacy Policy as follows:
(a) "Maps Terms" mean the terms for Google Maps set forth at the following URL,
https://maps.google.com/help/terms_maps.html (or other URL as may be provided by Google).
(b) "Legal Notices" mean the legal notices set forth at the following URL (or other URL as may be updated by Google)
https://maps.google.com/help/legalnotices_maps (or other URL as may be provided by Google)
(c) The "Acceptable Use Policy" or "AUP" means the means the acceptable use policy for the Services available at
https://cloud.google.com/maps-platform/terms/other/universal-aup/ (or other URL as may be provided by Google))
(d) "Privacy Policy" means the privacy policy set forth at the following URL:
https://policies.google.com/privacy (or other URL as may be provided by Google).
Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of Washington and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between TERREPORT and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to the courts.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States or Canada export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and TERREPORT with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and TERREPORT with respect to such use are hereby superseded and cancelled. TERREPORT will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. TERREPORT's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by TERREPORT of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between TERREPORT and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties
