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Terms Of Use

AGREEMENT BETWEEN USER AND InspectionXpert

The InspectionXpert Web Site is comprised of various Web pages operated by InspectionXpert.

The InspectionXpert Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the InspectionXpert Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

InspectionXpert reserves the right to change the terms, conditions, and notices under which the InspectionXpert Web Site is offered, including but not limited to the charges associated with the use of the InspectionXpert Web Site.

LINKS TO THIRD PARTY SITES

The InspectionXpert Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of InspectionXpert and InspectionXpert is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. InspectionXpert is not responsible for webcasting or any other form of transmission received from any Linked Site. InspectionXpert is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by InspectionXpert of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the InspectionXpert Web Site, you warrant to InspectionXpert that you will not use the InspectionXpert Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the InspectionXpert Web Site in any manner which could damage, disable, overburden, or impair the InspectionXpert Web Site or interfere with any other party’s use and enjoyment of the InspectionXpert Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the InspectionXpert Web Sites.

USE OF COMMUNICATION SERVICES

The InspectionXpert Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

InspectionXpert has no obligation to monitor the Communication Services. However, InspectionXpert reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. InspectionXpert reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

InspectionXpert reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in InspectionXpert’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. InspectionXpert does not control or endorse the content, messages or information found in any Communication Service and, therefore, InspectionXpert specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized InspectionXpert spokespersons, and their views do not necessarily reflect those of InspectionXpert.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO InspectionXpert OR POSTED AT ANY InspectionXpert WEB SITE

InspectionXpert does not claim ownership of the materials you provide to InspectionXpert (including feedback and suggestions) or post, upload, input or submit to any InspectionXpert Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting InspectionXpert, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. InspectionXpert is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in InspectionXpert’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE InspectionXpert WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. InspectionXpert AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE InspectionXpert WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE InspectionXpert WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

InspectionXpert AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE InspectionXpert WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. InspectionXpert AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL InspectionXpert AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE InspectionXpert WEB SITE, WITH THE DELAY OR INABILITY TO USE THE InspectionXpert WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE InspectionXpert WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE InspectionXpert WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF InspectionXpert OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE InspectionXpert WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE InspectionXpert WEB SITE.

SERVICE CONTACT : info@inspectionxpert.com

TERMINATION/ACCESS RESTRICTION

InspectionXpert reserves the right, in its sole discretion, to terminate your access to the InspectionXpert Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Wake County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the InspectionXpert Web Site. Use of the InspectionXpert Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and InspectionXpert as a result of this agreement or use of the InspectionXpert Web Site. InspectionXpert’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of InspectionXpert’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the InspectionXpert Web Site or information provided to or gathered by InspectionXpert with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and InspectionXpert with respect to the InspectionXpert Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and InspectionXpert with respect to the InspectionXpert Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

Copyright 2005-2016 InspectionXpert Corporation. All rights reserved.

TRADEMARKS

InspectionXpert, the InspectionXpert logo, QualityXpert, and the QualityXpert logo are registered trademarks of InspectionXpert Corporation and may not be used without the written permission of InspectionXpert Corporation. MeasurementXpert, CMMXpert, ExtractionXpert and GageXpert are claimed trademarks of InspectionXpert Corporation and may not be used without the written permission of InspectionXpert Corporation. InspectionXpert, the InspectionXpert logo, QualityXpert, and the QualityXpert logo are registered in the U.S. Patent and Trademark Office. The names of other companies, products and services are the property of their respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Privacy Policy

Background

This policy applies as between you, the User of this Website and InspectionXpert the owner and provider of this Website. This policy applies to our use of any and all Personal Data collected by us in relation to your use of the Website.

1. Definitions and Interpretations

In this policy the following terms shall have the following meanings:

 

"Personal Data"

means collectively all information that you submit to InspectionXpert via the Website. This definition shall, where applicable, incorporate the definitions provided in the General Data Protection Regulation (GDPR) (EU) 2016/679, as amended from time to time;

"Cookie"

means a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in Clause 11;

"UK and EU Cookie Law"

means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, as amended from time to time;

"User"

means any third party that accesses the website acting on behalf of InspectionXpert; and

"Website"

means the Website that you are currently using and any sub-domains of this site unless expressly excluded by their own term and conditions.

 

2. Scope of this Policy

2.1

This Policy applies only to the actions of InspectionXpert and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

3. Personal Data Collected

3.1

All Personal Data you input or upload to the Website and, without limitation, any of the following Personal Data may be collected by this Website from time to time;

  • name;
  • job title;
  • profession;
  • company name;
  • contact information such as email address and telephone number;
  • location;
  • IP address (automatically collected);
  • operating system (automatically collected); and
  • a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected).

4. Our Use of Personal Data

4.1

Any and all of the above Personal Data may be required by us from time to time in order for us to interact with you and to provide you with the best possible service and experience when using our Website. Specifically, Personal Data may be used by us for the following reasons:

  • internal record keeping;
  • improvement of our products/services;
  • if you have consented, the transmission by email of promotional materials that may be of interest to you; and
  • if you have consented, to contact you for market research purposes which may be done using email, telephone, fax or mail.

4.2

Unless we are obliged or permitted by law to do so, and subject to Clause 7, your Personal Data will not be disclosed to any third parties.

4.3

All Personal Data is stored securely in accordance with the principles of GDPR. For more details on security, please see Clause 10 below.

5. Controlling Use of Your Data

5.1

In accordance with the Data Subject’s rights under GDPR, wherever you are required to submit Personal Data, you will have to positively opt-in and will also be given options to restrict our use of your Personal Data. This may include the following:

  • use of Personal Data for direct marketing purposes; and
  • sharing Personal Data with third parties (subject to Clause 7).

6. Your Right to Withhold Information

6.1

You may access the Website without providing any Personal Data at all.

6.2

You may restrict your internet browser’s use of Cookies. For more information, please see Clause 11.

7. Third Party Websites and Services

7.1

InspectionXpert may, from time to time, employ the services of other parties for dealing with matters that may include, but not limited to, payment processing, delivery of purchased items, search engine facilities, advertising and marketing. We may provide the providers of such services with access to certain Personal Data provided by Users of the Website.

7.2

Such Personal Data will however only be provided to such parties if you have consented to this and only to the extent required by them to perform the services that InspectionXpert requests.

8. Links to Other Websites

8.1

This Website may, from time to time, provide links to other websites. InspectionXpert has no control over such websites and is in no way responsible for the content thereof. This Policy does not extend to your use of such websites. Users are advised to read the privacy policy or statement of other websites prior to using them.

9. Changes of Business Ownership and Control

9.1

InspectionXpert may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of InspectionXpert or its business. Personal Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Personal Data for the purposes for which it was originally supplied to us.

10. Cookies

10.1

This Website may place and access certain first party Cookies on your computer if you have consented to our policy. First party cookies are those placed directly by InspectionXpert via this Website and are used only by InspectionXpert. InspectionXpert uses Cookies to improve your experience of using the Website and to improve our range of products and services. InspectionXpert has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

10.2

By using this Website you may receive certain third party Cookies on your computer. Third party cookies are those placed by websites and/or parties other than InspectionXpert. Third party cookies are used on this Website for advertising services and are detailed in full below. These cookies are not integral to the services provided by the Website.

10.3

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

10.4

Before any Cookies are placed on your computer, subject to sub-Clause 11.5 and sub-Clause 11.8, you will be presented with a message bar at the top requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling InspectionXpert to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

10.5

Certain features of the Website depend upon Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below. Your consent will not be sought to place these Cookies. You may still block these cookies by changing your internet browser’s settings as detailed below.

10.6

The following first party Cookies may be placed on your computer:

 

Name of Cookie

Provider

Purpose

Strictly Necessary

InspectionXpert

InspectionXpert

To login to the InspectionXpert account

No

 

10.7

This Website uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how Users use the Website. This, in turn, enables us to improve the Website, the products and services offered through it. You do not have to allow us to use these Cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the Website, it does enable us to continually improve our business.

10.8

The analytics services used by this Website use Cookies to gather the required information. Certain of these Cookies may be placed immediately when you decide to visit the Website and it may not be possible to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below.

10.9

The analytics services used by this Website use the following Cookies:

 

Name of Cookie

Provider

Purpose

Google Analytics

Google

To gather web statistics from visitors to the website

Hubspot

Hubspot

To gather web statistics from visitors

Lucky Orange

Lucky Orange LLC

To gather on-site analytics from visitors to create a better user experience

Click Dimensions

Click Dimensions

To gather visitor information

 

10.10

You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

10.11

You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

10.12

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

11. International Transfers

11.1

InspectionXpert adheres to GDPR when transferring data to a country outside of the EEA.

12. How long do we keep Personal Data?

12.1

Any Personal Data you submit will be retained by InspectionXpert for as long as it is reasonably necessary to provide you with the services which you have requested. If you withdraw your consent, such data will be destroyed.

13. Changes to this Policy

13.1

InspectionXpert reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

14. Lucky Orange Web Analytics Service

14.1

This site uses the Lucky Orange analytics system to help improve usability and the customer experience. 

Lucky Orange may record mouse clicks, mouse movements and scrolling activity. Lucky Orange may record keystroke information that you voluntarily enter on this website. 

Lucky Orange does not track this activity on any site that does not use the Lucky Orange system. To opt out of tracking, please click the button below. 

 

Master End User License Agreement

This agreement between the user and our company allows the governing of the free trial and/or license subscription of our software.

Click here to download the EULA