This site is operated by Fortified Structures Group LLC, D.B.A. FSG Inspections. When you use this site, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of this site.
1) FSGInspections.com (the “Web Site”) is a complimentary information service offered by Fortified Structures Group LLC (“FSG”) at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. By accessing or browsing this Web Site, you automatically accept, without limitation or qualification, the terms and conditions set forth in this User Agreement. FSG reserves the right to change these terms and conditions at any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view this Web Site. Do not use this Web Site if you do not agree to all the terms and conditions of this User Agreement.
2) You acknowledge that the information on this Web Site is provided “as is” for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. FSG reserves the right to modify the contents of the site at any time, but FSG has no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site. FSG makes no warranties of any kind regarding this Web Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed. Any reliance upon the material on this site shall be at your own risk.
3) FSG will in no event be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental, or punitive damages, resulting from or caused by use of this Web Site or its content, including without limitation losses relating to your use or inability to use this Web Site; any errors or omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. You are responsible for the entire cost of any necessary servicing, repair or correction to your system resulting, either directly or indirectly, from your use of this Web Site and any sites to which this Web Site is linked. Because some states do not allow the exclusion or limitation of liability for consequential or accidental damages, the above limitations may not apply to you. In such states, FSG’s liability is limited to the greatest extent permitted by applicable law.
4) You agree that you will hold harmless FSG, officers, directors, employees and agents of FSG from all claims arising out of or related to your access or use of, or your inability to access or use, this Web Site or the information contained in this Web Site or other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Web Site or another web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will FSG or the contributors of information to this Web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
5) You acknowledge that opinions and recommendations contained in this Web Site are not necessarily those of FSG or endorsed by FSG.
6) In an attempt to provide increased value to visitors, FSG may link to sites operated by third parties. Third Party Sites may not be under the control of FSG. In general, any web site which has an address (or URL) which does not contain “FSGInspections.com” is such a web site. FSG has not reviewed all of the information on other sites and is not responsible for the content of any other sites or any products or services that may be offered through other sites. These links are provided for convenience of reference only and are not intended as an endorsement by FSG of the organization or individual operating such web site or a warranty of any type regarding that web site or the information on that web site. Different terms and conditions may apply to your use of any linked sites. FSG is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from access to such sites.
7) You may provide a hypertext link to this Web Site on another web site, provided: (a) that the link must be a text-only link clearly marked “FSG Inspections,” (b) the link must “point” to the URL “http://www.FSGInspections.com” and not to other pages, graphics, and images within this Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with FSG’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than FSG is associated with or sponsored by FSG, (e) the link, when activated by a user, must display this Web Site full-screen and not within a “frame” on the linked web site, and (f) FSG reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement or providing notice to the operator of the web site containing the link. You agree that all other hypertext links to this Web Site must be expressly approved in advance in writing by FSG.
8) All content included on this Web Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned or licensed by FSG and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of FSG and is protected by U.S. and international copyright laws. FSG hereby grants you the right to download and copy any document or page published by FSG on this Web Site only for personal noncommercial uses which do not harm the reputation of FSG, provided that any copy of such document or page retains all copyright or other proprietary notices and any disclaimer contained thereon. Further reproduction, in whole or in part, or any distribution, publication or modification of any part of this Web Site is prohibited.
9) All logos, trademarks, and service marks displayed on this Web Site (collectively the “Trademarks”) belong to FSG, its affiliates or third parties. Except as permitted above no use of any Trademark, trade name or trade dress displayed on the Web Site may be made without the express and prior written permission of FSG. Nothing contained in this Web Site shall be construed as granting or conferring any license or right, express or implied, in, to or under any Trademark, trade name, trade dress, copyright, patent or proprietary right of FSG or any affiliate or third party.
10) All remarks, suggestions, ideas, graphics or other information communicated to FSG through this Web Site will become the property of FSG. FSG shall have no obligation to treat any submission as confidential and will not be liable for the use of any ideas submitted for its businesses, products, and advertising or for any other purposes. FSG retains exclusive ownership of all present and future rights to submissions of every kind, and will be entitled to use any submission for any commercial or other purpose whatsoever, without compensating you or any other person sending the submission. You acknowledge that you are responsible for any submission you make and that you, and not FSG, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright non-infringement.
11) This Web Site (excluding linked sites of third parties) is controlled by FSG, which is headquartered in the state of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Web Site both you and FSG agree that the statutes and laws of the state of Florida, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web Site. You and FSG also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Orange County, Florida and the United States Ninth Judicial Circuit Court with respect to such matters. FSG makes no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
12) In the event that a FSG product or service is mistakenly listed at an incorrect price, FSG reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. FSG reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for a purchase and your order is cancelled before the product or service has been provided, FSG shall issue a credit to your credit card account. No refunds are made for products or services already provided. All products purchased through this Web Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
13) Inspection reports are intended for the sole, confidential, and exclusive use and benefit of you, our client. FSG has no obligation or duty to any other party. FSG accepts no responsibility for use by third parties. There are no third party beneficiaries. If you directly or indirectly allow or cause the report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold FSG harmless for any claims or actions based on the Inspection or the report brought by the third party. Agreements are not transferable or assignable. Notwithstanding the foregoing, you understand that FSG may notify the homeowner, occupant, or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.
14) It is understood and agreed that FSG and FSG’s respective agents are not Insurers and, that the inspections and reports to be provided shall not be construed as a guarantee or warranty of the adequacy, performance or condition of any structure, item, or system at the subject property. You hereby release and exempt FSG and FSG’s respective agents and employees of and from any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for the loss of, damage to, destruction of property and responsibility for the cost of repairing or replacing any unreported defect or deficiency and for any consequential damage, property damage or personal injury of any nature. In the event that FSG or our respective agents or employees are found liable due to breach of contract, breach of warranty, negligent misrepresentation, negligent hiring or any other theory of liability, then the cumulative aggregate total liability of FSG and FSG’s respective agents and employees shall be limited to a sum equal to the amount of the fee paid by you for the inspections and reports.
16) You agree to refrain from any attempt to breach the security of the FSG computer system, interfere with the normal operation of the FSG computer system or cause any injury to the FSG computer system. If you cause a technical disruption of the site or the systems transmitting the site to you or others you agree to be responsible for any and all liabilities, costs and expenses (including attorney’s fees) arising from that disruption.
17) The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and not to transfer, by electronic transmission or otherwise, any content derived from FSGInspections.com to either a foreign national or a foreign destination in violation of such laws.
18) FSGInspections.com may terminate User’s access, or suspend any User’s access to all or part of FSGInspections.com, without notice, for any conduct that FSGInspections.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or FSGInspections.com.
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