Last Updated: Oct 1, 2024
Welcome to Taxabl
1. ACCEPTING OUR TERMS
We invite you to become familiar with our Terms of Use (“Terms”) as they are a binding agreement between you and Taxabl.
By browsing this site or logging into any of our websites, applications, reports, services, software, platform and other offerings from Taxabl (collectively, “Services”) you automatically agree to these Terms, privacy policy and any applicable additional terms.
These Terms set out your rights and responsibilities when you use the Services. Respectfully, if you object to anything in these Terms or don’t agree with these Terms, you may not use the Services and should leave. As used in this agreement, the terms “you”, “your”, and “user” all refer to the person using the Services in any way and the terms “we”, “us” and “our” refer to Taxabl.
Taxabl does not offer or perform services that are outside of the Standards of Practice for any given state a licensed home inspectors.
2. CHANGES TO TERMS
Taxabl reserves the right to update and change the Terms by posting updates and changes to this site. You are responsible for reviewing and becoming familiar with any updates or changes that may impact you. If you do not accept such amendments, you must cease using the Services. Your use of the Services following the changes constitutes your acceptance of the updated Terms. INSPECTABL RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THE SERVICES INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME. As long as you comply with these Terms, Taxabl grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
3. AGE ELIGIBILITY
To use the Services you must be, and represent and warrant that you are, at least 18 years of age or the age of legal majority in your jurisdiction, if different from 18 years of age and competent to agree to these Terms. If Taxabl has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
4. PAYMENT TERMS
4.1 Payment Method. To use the Services you must provide one or more payment methods. You authorize us to charge any payment method associated to your home inspection in case your primary payment method is declined or no longer available to us for payment. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
4.2 Cancellation. You can cancel your appointment at any time. To cancel, please email us.
4.3 Changes to the Prices. We reserve the right to change or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
4.4 No Refunds. Payments are nonrefundable and there are no refunds or credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our clients. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4.5 Payment Processor. We use Stripe as a third-party payment processor to process all credit and debit card accounts. The processing of payments or credits to your Account will be subject to the terms, laws, rules, regulations and contracts of Stripe and your bank, credit card issuer or debit card issuer in addition to these Terms. We are not responsible for any error that occurs during any payment process, including any error by Stripe. For the avoidance of doubt, Stripe Express Checkout is a Third Party Service, as defined in Section 8 of these Terms.
5. CONDUCT TERMS
By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
5.1 Don’t do anything illegal.
5.2 Don’t engage in any activity that exploits, harms, or threatens to harm children.
5.3 Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
5.4 Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
5.5 Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
5.6 Don’t circumvent any restrictions on access to or availability of the Services.
5.7 Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
5.8 Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted material, resale or distribution).
5.9 Don’t engage in activity that violates the privacy of others.
5.10 Don’t help others break these rules.
5.11 Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish your Materials for any reason. When investigating alleged violations of these Terms, Taxabl reserves the right to review your Materials in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
6. YOUR CONTENT
Parts of our Services enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Taxabl a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Taxabl pays for the creation of Content or facilitates its creation, Taxabl may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Taxabl the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content among other things must not be discriminatory, obscene, harassing, deceptive, violent or contain illegal content. You agree that Taxabl may make available services or automated tools to translate Content and that your Content may be translated using such services or tools.
7. DMCA NOTICE
Taxabl supports the protection of intellectual property. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that we are infringing upon their intellectual property rights, they can send a DMCA Notice to Taxabl. Upon receiving a DMCA Notice, we may remove or disable access to the Content claimed to be a copyright infringement, unless we object to the complaint in which we will restore the Content.
8. RESERVATIONS OF RIGHTS AND FEEDBACK
Except as expressly provided under these Terms, Taxabl does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Taxabl or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Taxabl any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Taxabl without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Taxabl to license its software, technologies or documentation to any third party because Taxabl includes your Feedback in them.
9. OUR RIGHTS
9.1 We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
9.2 We reserve the right to refuse service to anyone for any reason at any time.
9.3 Verbal or written abuse of any kind (including threats of abuse or retribution) of any Taxabl customer, Taxabl employee, member, or officer will result in immediate Account termination.
10. OUR CONTENT
Content made available through our Services may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Taxabl and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Services except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Taxabl grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Services and accessible to you, solely for your personal and non-commercial use.
11. NO RESALE
You agree not to copy, sell, resell, rent or sublicense (including offering the Services to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative of our Services.
12. WARRANTY
INSPECTABL AND ALL OUR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. INSPECTABL DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
13. LIMITS OF LIABILITY
IN NO EVENT SHALL INSPECTABL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT INSPECTABL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL INSPECTABL’S TOTAL AGGREGATE LIABILITY EXCEED $10.00 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
14. FORCE MAJEURE
Taxabl shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, natural occurring events, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials, Internet or hosting outage, power surge or failure.
15. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend and indemnify us. That means you’ll defend Taxabl (including any of our employees or affiliates) and hold us harmless from any legal claim, demand (including reasonable attorney’s fees), damages, claims, liabilities, losses and expenses that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
16. CHOICE OF LAW AND JURISDICTION
We hope to resolve all disputes informally, but if you live in or if your principal place of business is in the United States, the laws of the state where you live or where your principal place of business is located govern all claims, regardless of conflict of laws principles. You and Inspectabl irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Brevard County, FL, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration and small claims court).
17. ARBITRATION
17.1 If you live in or your principle place of business is in the United States, you and Taxabl agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (“AAA”) unless otherwise required by law. You and Taxabl each retain the right to seek relief in small claims court as an alternative to arbitration.
17.2 Mandatory Pre-Arbitration Dispute. Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Taxabl each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. Taxabl will send its notice of dispute to the email address associated with your Account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration.
17.3 You understand that by agreeing to the Terms, you and Taxabl are each waiving the right to trial by jury or to participate in a class action lawsuit.
17.4 Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $500.00 USD, Inspectabl will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
17.5 Exceptions to Arbitration Agreement. You and Taxabl each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Taxabl agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration.
17.6 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
17.7 Survival. This Section 18 will survive any termination of these Terms and will continue to apply even if you stop using
18. THIRD-PARTY SERVICES
Our Services may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Taxabl is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. If you use Third-Party Services you permit us to send your data to those services. If you use Third-Party Services you agree that we do not provide a warranty, so get advice beforehand. Accordingly, Taxabl encourages you to be aware when you leave our Services to review the laws, rules, regulations and contracts of each other website that you may visit.
19. NO WAIVER
Taxabl’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20. INTERPRETING THESE TERMS
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Taxabl and you pertaining to your access to or use of the Services and supersede any and all prior oral or written understandings or agreements between Taxabl and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Taxabl. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
21. CONTACT US
If you have any questions about these Terms please email us at care@taxabl.co.
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