Terms & Conditions :
Agreement between User (also referred as Client/Customer) and iQi, Inc (iQi) iQi, Inc. and its affiliates, if any, (collectively referred to as “iQi”, “we,” “us," “our”) manufactures, markets, and sells Building Health consumer and enterprise electronics products, building health test products and other products made by (the “Product”) as well as providing enterprise technology solutions and services. iQi additionally provides services including, but not limited to: (1) a website located at www.BLDG.Health and sites of domain getiqi.com / bldg.health / and affiliate sites (collectively referred to as “Site”), (2) software that may be downloaded to your smartphone or tablet (“Mobile App”) which may be updated or altered from time to time, (3) an application program interface (the “API”), (4) various types of content with analytics, suggestions or information relating to your use of other iQi services (“Content”) that may be delivered over e-mail or through the Mobile App, and (4) iQi user accounts (“Accounts”) that may be accessed through the Mobile Apps. The term “Services” refers collectively to the Site, Mobile App, API, User Account, and other services offered by iQi, Inc. in connection therewith. The services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
THIS IS A LEGAL AGREEMENT. By accessing or using any of the Services, (1) you agree to be bound by all terms and conditions provided by iQi, which includes this Terms of Service (“Agreement”) and any additional terms incorporated by reference (“Additional Terms”) (collectively, the “Terms”), on behalf of yourself or the entity you represent; (2) you represent and warrant that you have the right, authority and capacity to accept and agree to these terms on behalf of yourself or the entity you represent; and (4) you represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and enter into this agreement.
I. Overview, Eligibility, Terms and Termination
a. Overview and Relation to Other Agreements.
You may use the Services only if you can form a binding contract with iQi, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms. The Services are not available to any users previously prohibited from using the Services by iQi.
c. Term and Termination.
These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, iQi may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if iQi in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules.
II. User Accounts:
To use certain Services, you must register for an Account and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify iQi of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that it is not responsible for third-party access to your account that results from theft or misappropriation of your account. iQi and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. iQi is not liable for any loss or damage arising from your failure to comply with the above requirements.
III. Access to Services
a. Access and Use.
Subject to these Terms, iQi grants you a limited, non-transferable, non-exclusive, revocable, license (without the right to sublicense) to access and use the Services provided by IQi.
b. Automatic Software Updates.
iQi may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or alter the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the application and delete the software from your device. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates iQi provides. Your continued use of the Services and the Product is your agreement to these Terms with respect to the Services.
c. Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by iQi; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
iQi cares about the integrity and security of your personal information. However, iQi cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
iQi reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that iQi will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
e. Electronic Communications:
Visiting the site or sending emails to iQi constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
f. Children Under Thirteen:
iQi does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the site only with permission of a parent or guardian.
g. International Users:
The Service is controlled, operated, and administered by iQi from our offices within the USA (Target Country). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the iQi Content accessed through the site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. You understand and accept that the Sites are not designed for use in a non-Target Country and some or all of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, iQi accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Sites or iQi Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or use the Services.
IV. Agreed Usage and Limitations Of iQi Services
a. Intended Use of iQi Services.
The Services are intended to be accessed and used for non-time-critical information and control of iQi products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond iQi’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that iQi is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
b. No Life-Safety or Critical Uses of the Services.
You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Our products are not medical types of equipment and iQi, Inc is not responsible for any decision you make based on the results. These devices are only to be used as preliminary screening devices to understand potential building health issues. Further evaluation by a concerned professional is highly recommended before any corrective action is taken and before you make any health-related decisions we highly recommend you consult with your Doctor. iQi makes no warranty or representation that use of the Products or Services, including integration with any third-party product or service, will affect or increase any level of safety. YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- iQi WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In addition, the iQi customer support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
BLDG.Health Testing Disclaimer:
The results in this analysis pertain only to this job, collected on the stated date, and should not be used in the interpretation of any other job. The findings of this Report are based on the condition of the area within the scope of the sample collected at the specified date and time.
Customers are solely responsible for the sample collection and information about the building, sampling location, environmental details, and additional details entered by them. iQi, Inc will not be responsible for any sample collection errors made by the customer. Our IEP interpretations are purely based on the lab results and the information shared by the customer about their building and the location and the condition of the sample collected. This report may not be duplicated, except in full, without the written consent of iQi, Inc.
All information provided to iQi, Inc is confidential information relating to our customers and their clients. We will not disclose, copy, or distribute any information verbally or written, except to those designated by the customer(s). We take confidentiality very seriously. No changes to the distribution list will be made without the express consent of the customer.
iQi, Inc bears no responsibility for sample collection activities, analytical method limitations, or the use of the test results. Interpretation and use of test results are the customer's responsibility. Any reference to health effects or interpretation of mold levels is strictly the opinion of iQi, Inc. In no event shall iQi, Inc or any of its employees be liable for lost profits or any special, incidental, or consequential damages arising out of the use of these test results. iQi, Inc. assumes no liability or warranty on the use of or interpretation of the data provided within this report. The responsibility lies solely with the client for the use and interpretation of the results provided herein. Results of the analysis and comments or written expressions can only be on a limited basis that is solely based on the Sample submitted by the customer.
As with all similar testing methodologies, this limited sampling is a capture of conditions on the subject property on the date of the sample collected. Accordingly, conditions and results from those conditions may change at any time. Therefore, this report may not accurately reflect environmental conditions on this property at any future date.
2. Health Effects:
The information contained in our report is for informational and educational purposes only. While it is based on professional advice, published experience, and expert opinion, it does not represent a health diagnosis, therapeutic recommendation, or prescription for treatment. We urge you to consult and obtain medical advice from a licensed, trained, and competent medical provider for concerns with health issues. A second opinion of test sample lab results should be obtained if any doubts are present with regard to the information or recommendations contained in this report. In cases where human occupants have been feeling adverse health issues while spending time within their place of work or home, it is extremely important that sampling results and recommendations for cleaning/remediation are reviewed with their medical authority. The attached comments are what we believe to be a general approach for cleaning the built environment and associated contents by remediating contaminants/molds and/or toxins. Based on the client’s health position and/or sensitivity to various environments, there is no guarantee that an environment remediated and cleaned to a normal fungal ecology will be acceptable to the client. Furthermore, in some cases where we have provided recommendations that involve the cleaning of the ambient areas that were conditioned through the HVAC filter system as the laboratory results and the history of events at the property as told to us by our client. These recommendations are to serve as a foundation for cleaning and in some cases, more cleaning may be necessary per the advice and consultation of the client’s medical authority. With regards to furniture and contents, some porous items (i.e., textiles, clothing, couches, mattresses, pillows, etc.) are extremely difficult to clean properly; any items that cannot be cleaned successfully and want to be kept should be discussed with the client’s medical authority. Inhalation of fungal spores, fragments (parts), or metabolites (e.g: Mycotoxins and volatile organic compounds) from a wide variety of fungi may lead to or exacerbate immunologic (allergic) reactions, cause toxic effects, or cause infections. Illnesses can result from both high levels with short-term exposure and low levels, with long-term exposures. The most common symptoms reported from exposures in indoor environments are runny nose, eye irritation, cough, congestion, aggravation of asthma, headache, and fatigue. Whether symptoms develop in people exposed to fungi depends on the nature of the fungal material (e.g., allergenic, toxic, or infectious), the amount of exposure, and the susceptibility of exposed persons. Susceptibility varies with the genetic predisposition (e.g., allergic reactions do not always occur in all individuals), age, state of health, and concurrent exposures.
For these reasons and because measurements of exposure are not standardized and biological markers of exposure to fungi are largely unknown, it is not possible to determine “safe” or “unsafe” levels of exposure for the general population. As a result, it is highly recommended that exposure levels be discussed with your doctor. In cases where clients have been feeling adverse health issues while spending time within the home, it is extremely important that sampling results and recommendations for cleaning/remediation are reviewed with their medical authority. The attached recommendations are what we believe to be a very comprehensive approach for cleaning the built environment and associated contents by remediating molds and toxins. In some cases, we have provided recommendations that involve the cleaning of belongings and sentimental items because of the laboratory results and the history of events at the property as told to us by our client. These recommendations are ultimately to serve as a basis of a foundation for cleaning and in some cases, more cleaning may be necessary per the advice and consultation of the client’s medical authority.
3. Limitations & Exclusions:
All the professional opinions presented in our reports are based solely on the scope of the test results (Lab results or sensor readings as applicable based on the service offered) and sources referred to in our report. The data presented by iQi, Inc. in this report was collected and analyzed using generally accepted industry methods and practices at the time the analysis and lab results were generated. Based on the best available investigative technologies, no amount of assessment can guarantee that the subject environment does not contain indoor biological contaminants in concentrations that can impair human health. Given the limited scope of services for this sampling process, all potential areas of air contaminants, microbial, bacterial, and virus growth may not have been assessed. This report represents the conditions that were observed at the time the test was conducted. The suggestive comments expressed in the sample could be a representation of the conditions which might exist on the property. No inference regarding other conditions, locations, or materials at a later or earlier time may be made based on the contents of the report. No warranty is made. Fungi/mold/pathogens/allergens will grow back if given all the right conditions exist and if not corrected and/or high relative humidity exists and is not controlled. A further assessment is recommended for various organisms within the indoor ambient environment in which the air quality was supplied through the ventilation system. Therefore, it is possible that mold spore growth inside enclosed wall cavities, insulation, attic spaces, or other areas could exist beyond the inquiry of the activities conducted during this site assessment. In addition, environmental changes, either naturally occurring or artificially induced, may cause changes or alterations (which can be significant) to the property as compared to the conditions present at the time that this assessment was conducted. iQi, Inc. and that of its contractors and subcontractors arising from any services rendered hereunder shall not exceed the fee paid by the client to iQi, Inc. This report was prepared for the sole use of our client. The use of this report by anyone other than our client or iQi, Inc., is strictly prohibited without the expressed written consent of iQi, Inc., and portions of this report may not be used independently of the entire report. A second opinion of the site conditions present should be obtained if any doubts are present with regard to the information or recommendations contained in this report. The service contract and the limitations standards specified therein are an integral part of this report. All opinions, conclusions, recommendations, and considerations in this report and verbalized to clients are given within a reasonable degree of professional certainty.
c. Reliability of Notifications.
You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR IQI PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. The information provided by iQi on what to do in an emergency is based on authoritative safety sources, but there is no way for iQi to provide specific information relating to a situation in your building or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
d. Temporary Suspension.
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. iQi does not offer any specific uptime guarantee for the Services.
e. System Requirements.
Access to Services are limited to those with the necessary system requirements, as published in connection with such Services. Certain Services will not be accessible without: (i) a working Wi-Fi network in your building that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your building; and (v) other system elements that may be specified by iQi. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that iQi may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with iQi Products connected to the same iQi account, and enable certain features.
f. Quality Assurance.
iQi is dedicated to the highest quality products. When consumers purchase a iQi product new, they expect that the product comes directly from iQi or its authorized distributors and the quality controls in that sales channel. You agree not to sell any iQi product as new and without prominent marking as a “USED” product unless you are an authorized distributor or you have passed iQi’s reseller certification program to ensure quality control. To become a certified reseller, please e-mail iQi at email@example.com.
g. Air Quality, Building Health and other Benefits.
Unless explicitly promising a “guarantee,” iQi does not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the Products or Services or any feature of them, including following any guidance provided by the Services. Actual air quality may vary with factors beyond iQi’s control or knowledge. From time to time, iQi may use the Services to provide you with information that is unique to you and your air monitoring situation and may suggest ways to enhance or improve or otherwise alter your habits. We do this to highlight options for your consideration based on our analysis and information that has been monitored and collected. YOU ACKNOLWEDGE THAT THESE SUGGESTIONS ARE NOT CONSIDERED MEDICAL ADVICE AND THE EFFICACY AND APPLICABILITY OF SUCH SUGGESTIONS MAY VARY. iQi, to the extent permissible by law, accepts no liability regarding your actions based on the information provided by the Services, and makes no warranties and representation about the applicability of such information or guidance to your specific needs. Any health questions regarding the information and guidance provided should be directed to a medical doctor.
h. Product Information.
The Services may, from time to time, provide you information (“Product Information”) regarding third-party products and their connection Products provided by iQi and with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in your building.
i. Access to Content.
You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
V. Payment and Sales Term
Purchases made on the Store are intended for end users only, and are not authorized for resale.
b. Sales Tax.
Depending on the order, iQi calculates and charges sales tax in accordance with applicable laws.
c. International Sales.
For the sales outside of the US, you are responsible for any VAT, tariff, duty, taxes, handling fees, brokerage charges, customs clearance charges, etc. required by your country for importing consumer goods.
VI. Limitations of iQi Services Due to Third Parties
In certain circumstances, iQi Services may rely on or interoperate with third-party products and services. These third-party products and services are beyond iQi’s control, but their operation may impact or be impacted by the use and reliability of iQi Services. You acknowledge and agree that: (i) the use and availability of the Services are dependent on third-party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the iQi Services operate, and (iii) iQi is not responsible for damages and losses due to the operation of these third party products and services.
b. Third Party Service Providers Used by iQi.
You acknowledge that iQi uses third-party service providers to enable some aspects of the Services. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY LIFE-SAFETY OR TIME-CRITICAL PURPOSES.
c. Equipment, ISP, and Carrier.
d. Third Party Products and Services that Work With iQi Services.
iQi may provide the opportunity for you to interface to, integrate with or control Third Party Products and Services, for example through the iQi Mobile App or API. Although the Mobile App and iQi API is offered by iQi, you acknowledge that Third Party Products and Services that you connect to your account or interface with are not iQi products and services and you acknowledge and agree that iQi does not control, and that these Terms do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that iQi makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, iQi is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your building), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
e. App Stores.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and iQi and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
f. Third Party Website Links, Information and Referrals.
The Sites may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. iQi provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
g. Release Regarding Third Parties.
iQi is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. iQi hereby disclaims and you hereby discharge, waive and release iQi and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
VII. Ownership and Intellectual Property
a. iQi Property.
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product and Services (i.e., the Site, Mobile App, API, etc.) are owned by iQi or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. iQi and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
b. Use Limitation.
You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of iQi. You must have a license from us before you can post or redistribute any portion of the Services. iQi retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
You may choose to, or iQi may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place iQi under any fiduciary or other obligation. iQi may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that iQi does not waive any rights to use similar or related ideas previously known to iQi, developed by its employees, or obtained from other sources.
You agree to defend, indemnify and hold iQi, its officers, directors, employees, agents, third parties and suppliers harmless from any damages, liabilities, claims, losses, costs, liabilities, expenses or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of or inability to use the Products or Services, (ii) your violation of these Terms, (iii) any User Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party or (v) or your violation of any applicable laws, rules or regulations. iQi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iQi and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without iQi’s prior written consent. iQi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
IX. Warranty Disclaimers
a. THE WARRANTY FOR THE PRODUCT IS SET FORTH IN THE LIMITED WARRANTY.
b. THE SERVICES (I.E., THE SITE, MOBILE APP, API, ETC.) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND IQI AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON- INFRINGEMENT.
c. IQI AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IQI OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
d. IQI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, INTEGRATED WITH OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES CONNECTED THROUGH IQI MOBILE APP) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND IQI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
e. WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY IQI YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
f. IQI MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND IQI WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. IQI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
X. Limitation of Liability
a. Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
c. Unconditional Release and Limitation of Liability:
It is understood and agreed that we (iQi) and the partner lab(s) are not insurers and, that the Assessment and report to be provided under this Agreement shall not be constructed as a guarantee or as a real estate disclosure or warranty of the adequacy, performance, or condition of any structure, item, or system at the property. You hereby release and exempt us, the lab, and our respective agents and employees from all liability 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 we, the lab, 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 us, the lab and our respective agents and employees shall be limited to a sum equal to the amount of the fee paid by you for the sample kit and the report.
d. Liability Disclaimer:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. iQi, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. iQi, INC 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 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. iQi, INC 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.
e. NO CONFLICT OF INTEREST:
CLIENT acknowledges that the COMPANY has no interest in the property. CLIENT also acknowledges that COMPANY has not offered or delivered to CLIENT a commission, referral fee, or kickback for the referral of any business. CLIENT further acknowledges that CLIENT has not engaged COMPANY to perform an inspection or prepare a report contingent upon conclusions in the report, pre-established or prescribed findings or the closing of the underlying real estate transaction.
XI. Fees and Payment
a. Certain Services may be offered for a fee. You shall pay all applicable fees in connection with the Services selected by you in accordance with any terms of sale stipulated.
XII. Disputes and Arbitration
a. Contact iQi First.
If a dispute arises between you and iQi, our goal is to learn about and address your concerns. You agree that you will notify iQi about any dispute you have with iQi regarding these Terms or our Products or Services by contacting iQi.
b. Equipment, ISP, and Carrier.
You and iQi agree, subject to the Protection of Confidentiality and Intellectual Property Rights clause of these Terms, to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to the Protection of Confidentiality and Intellectual Property Rights clause of these Terms, any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
You must first present any claim or dispute to us by contacting iQi to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to iQi. iQi may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with the Notifications section of these Terms. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Palo Alto, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor iQi nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
d. No Class Actions.
There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’s CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and iQi agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
e. Fees and Expenses.
All administrative fees and expenses of arbitration will be divided equally between you and iQi. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
YOU MUST CONTACT IQI WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
a. Changes to these Terms.
iQi reserves the right to make changes to these Terms. We'll post notices of modifications to these Terms on this page. You should ensure that you have read and agree with our most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
b. Termination/Access Restriction:
iQi reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and iQi as a result of this agreement or use of the Site. iQi’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of iQi's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by iQi 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 iQi with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and iQi with respect to the 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
You understand that the Assessment is being performed (and the Report is being prepared) for your exclusive, confidential, and sole benefit and use. The Report, or any portion thereof, is not intended to benefit any person, not a party to this Agreement, including (but not limited to) the seller or the real estate agent(s) involved in the real estate transaction (“third-party”). 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 us harmless for any claims or actions based on the Assessment or the Report brought by the third party.
d. No Unlawful or Prohibited Use/Intellectual Property:
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of iQi or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. iQi content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of iQi and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of iQi or our licensors except as expressly authorized by these Terms.
Notwithstanding the foregoing, iQi may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
This Agreement and any subsequent report issued to the Client by the Company represent the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. The services are being performed for the exclusive use and benefit of the Client. The services, including any written report, are not to be transferred to, utilized, or relied upon by any other person or entity without prior written permission of the Company.
These Terms constitute the entire agreement between you and iQi regarding the use of the Services. Any failure by iQi to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without iQi’s prior written consent. These Terms may be assigned by iQi without restriction. These Terms are binding upon any permitted assignee.
iQi may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile notifications, hard copy, or posting of such notice on www.bldg.health. iQi is not responsible for any automatic filtering you or your network provider may apply to email notifications. iQi recommends that you add @bldg.health email addresses to your email address book to help ensure you receive email notifications from iQi.
h. Confidentiality Provision and Agreement to Refrain from Social Media Posts Regarding the Company:
Along with the fee paid for the services and report, as further consideration the Client hereby agrees to refrain from making any posts or comments on any social media, message boards, online reviews, or consumer advocacy websites related to the quality of the services provided by the Company, the manner of the performance of the Company’s obligations to the Client, the terms of this Agreement, or the contents of the report.
i. Copyright/Trademark Information.
Copyright © 2020, iQi Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of iQi or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of iQi or such respective holders. iQi reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
j. Client’s Agreement & Understanding of Terms:
By signing this Agreement, the undersigned Client agrees that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the provisions for arbitration, and limitations and exclusions, and agree to pay the fee shown according to the terms above. The Client understands that the Client has a right to have an attorney of the Client’s choice review this Agreement before signing it. The Client understands that if the Client does not agree with any of the terms, conditions, limitations, and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement.
Copyright © 2023 iQi, Inc. All Rights Reserved
Last Updated - Dec 1, 2020