INSPECTIONEERING TERMS OF USE
Effective May 23, 2018
Last Revised June 7, 2022
Acceptance of Terms
IMPORTANT - READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING INSPECTIONEERING’S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to Inspectioneering.com, a web platform designed to provide resources for professionals concerned with asset integrity in a variety of industries, including but not limited to, oil and gas, chemical processing, power generation, utilities, pulp and paper, and aerospace. Inspectioneering’s websites, printed publications, e-newsletters, digital resources, mobile applications, staffing solutions, and events are collectively referred to as “Services,” and are designed to help professionals connect, share ideas, learn, and find new opportunities in their respective industries; however, full access and use of these Services are reserved exclusively to current, paid-up Inspectioneering subscribers and customers.
Your use of the Services is subject to these Terms of Use and Inspectioneering’s Privacy Policy, hereby incorporated by reference and collectively referred to as the “Agreement.” This Agreement is applicable to any person that accesses the Services, whether a visitor, registered non-subscriber, or subscriber, hereby collectively referred to as “User[s].”
By accessing the Services, you are entering into a legally binding agreement with Inspectioneering, LLC, located at 24900 Pitkin Road, Suite 325, Spring, Texas 77386. Inspectioneering may update and change these Terms of Use from time to time without advance notice or acceptance by you. All changes to our Terms of Use will be reflected on this page and, if the changes are significant, we will provide a more prominent notice on the Services homepages, login screens, or by sending you an email notification. We encourage you to review our Terms of Use whenever you use the Services to stay informed. If you do not agree with the terms of this Agreement, do not use Inspectioneering’s Services.
Inspectioneering, LLC, Inspectioneering Talent Solutions, LLC, and Inspectioneering Training Solutions, LLC, all limited liability companies organized and existing under the laws of the State of Texas, henceforth referred to as “Inspectioneering,” hereby grant to you a limited license to access and use the Services, expressly conditioned upon your agreement to the following terms and conditions as set forth in this Agreement. Your license is non-exclusive, non-assignable, non-transferable, and is provided and expressly conditioned upon your agreement to all of the terms and conditions set forth herein.
Inspectioneering’s Rights and Obligations
Availability of Services
Inspectioneering will strive to bring you a great experience and will continuously seek to improve the Services offered. For that reason, some or all of our Services may become temporarily unavailable from time to time. In this event, we will attempt to minimize the lapse in availability and mitigate inconveniences you suffer as a result. If you experience any issues with interruption in your service, please contact us immediately.
Furthermore, Inspectioneering may modify its Services at any time and without notice. This includes adding more or expanding services, in addition to removing or limiting other services. We have no obligation to store or maintain any content you provide during use of our Services.
Third Parties
Inspectioneering’s Services may contain content provided by third parties, including other Users, Advertisers, and Sponsors. We are not responsible for ensuring that third party material submitted to and included on Inspectioneering.com is accurate and complies with applicable laws. Moreover, we are not responsible for inaccuracies, acts, omissions, illegality, errors, or statements made by third parties in conjunction with Inspectioneering.com. Furthermore, we do not warrant or vouch for any products, services, or the accuracy of any statements or information provided by third parties. You agree that Inspectioneering is not responsible for, and does not control, the sites, services, products, or statements of third parties.
Advertisements and sponsorships include, but are not limited to, any third party advertisements in our Services and the Expo pages located on Inspectioneering.com. The purpose of these advertisements and the information provided on Expo pages is merely for informational purposes. Inspectioneering does not vouch for, warrant, or certify any of the products or services of, or claims, warranties, statements made by the advertising or exhibiting entities, their employees, or agents. Furthermore, Inspectioneering expressly removes itself from any relationship(s) that has/have formed or form(s), whether contractual or otherwise, between you, your employer, or any other party and an advertising/exhibiting individual or entity.
User Information Disclosure
You acknowledge, consent and agree that Inspectioneering may access, collect, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access, collection, or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Inspectioneering, our Users or the public. For more information on information disclosure, please read our Privacy Policy.
User-to-User Interaction
You are solely responsible for your interactions with other Users. Inspectioneering reserves the right to: (1) limit the amount of interaction you may have with other Users; (2) prohibit you from contacting other Users through the use of our Services; and (3) restrict, suspend, or terminate your access and use our Services if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement.
User’s Rights and Obligations
Applicable Laws and this Agreement
You agree to comply with all applicable laws, this Agreement, which may be amended from time to time with or without advance notice, Inspectioneering’s Privacy Policy, and all other guidelines set forth. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct.
Prohibited Activities
The following actions are expressly prohibited on Inspectioneering Services, including but not limited to engaging in, posting, uploading, messaging, transmitting, submitting, or otherwise making available:
- Sales or marketing activity or content, or any activity that only serves a commercial purpose, unless explicitly permitted by Inspectioneering (this provision does not apply to Inspectioneering Expo member companies or Inspectioneering advertisers, so long as the actions are in accordance with the scope of promotion permitted in the Expo and/or advertising contract[s]);
- Inappropriate, inaccurate, dishonest, objectionable, or unprofessional content or activity;
- Harassment, abuse, harm, or threats directed at another User;
- Unwelcomed solicitations; and
- Any activity that infringes upon another person’s copyright, trademark, or other proprietary rights.
License
You understand and agree that you are the only individual that may access your Inspectioneering.com account. You must not monitor, gather or copy any content on this site by using any robot, spider, crawler, spyware, engine, device, software, extraction tool, "bot", or any other automatic device, utility or manual process of any kind.
- Inspectioneering Provided Content
- All content, including text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property, found on our Services is the protected property of Inspectioneering, our advertisers or licensors. You may not, without written consent from Inspectioneering, sell, publish, distribute, retransmit, or otherwise provide access to Inspectioneering content to any non-subscriber. Furthermore, you may not store any of the content found through our Services on your business or personal devices without express permission from Inspectioneering.
- User Generated Content
- All content, such as videos, comments, blogs, discussion forum posts, images, audio files, and other forms of media, a User submits and is publically available to other users is referred to as “User Generated Content” in this Agreement.
- You understand and agree that all User Generated Content represents the advice or opinion of the submitting User. You are responsible for all decisions related to the topics covered within our Services, and only at your own risk shall you rely on the information, opinions, statements, or recommendations found in our Services, whether generated by Inspectioneering or other Users. Inspectioneering does not endorse any recommendation or opinion made by any User. Inspectioneering reserves the right to screen, edit, remove, and review User Generated Content and may do so without notice. Please read all content and messages found in our Services with great care and caution, and be aware that User Generated Content may be deceptive, misleading, or erroneous.
- You own the information you submit on Inspectioneering’s Services. By submitting, posting, or uploading User Generated Content, you represent that you have the legal right(s) to do so and your action will not violate any law or the rights of another person or entity, including but not limited to, confidential or proprietary information. You agree that upon submitting, posting, or uploading User Generated Content, you grant Inspectioneering, our affiliates, and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable license and use, distribute, publicly perform, display, reproduce, and create derivative works from your User Generated Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant Inspectioneering the right to authorize the use of your contribution, or any portion thereof, by other Users in accordance with the terms and conditions set forth in this Agreement.
Eligibility
To be eligible to use the Services provided by Inspectioneering, you must meet and warrant that you: (1) are 18 years of age or older; (2) are not a competitor of Inspectioneering or using the services to compete with Inspectioneering; (3) have full rights and power to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of Inspectioneering, including copyright and trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use our Services.
Indemnification
You irrevocably covenant, promise, and agree to indemnify, defend and hold harmless Inspectioneering, our licensors, licensees, distributors, agents, representatives and other authorized Users, from and against all damages, losses, and costs (including, but not limited to, legal fees, settlement costs, and any other fees incurred in the investigation or defense of any actions or threatened actions) relating to all third party claims caused by your failure to comply with this Agreement, including but not limited to, any and all claims for copyright, slander, libel, and trademark violations.
Login Credentials
You agree to keep your Inspectioneering Services’ password secure and confidential at all times (where applicable). You agree not to permit any other(s) to access your account and that you will not access the account of another User. If login credentials are misplaced or become known by a party other than yourself, you agree to change your password by using the “Reset My Password” feature provided through our Services or by contacting Inspectioneering immediately.
Payment
Full access and use of these Services are reserved exclusively to current, paid-up Inspectioneering subscribers and customers. All online payments are processed through Stripe, and Inspectioneering will not have access to any credit card information. You agree to pay all applicable fees for your account and understand that access will end upon expiration of your subscription term, unless renewed prior to expiration. Any access to the subscriber-only content of Inspectioneering.com by a non-paying customer is expressly forbidden.
User-to-User Communication and Interaction
You understand that all information you voluntarily submit, whether in the form of comment, forum discussion, message to another User, or any other means of communication through Inspectioneering’s Services may be seen by other Users. We make no guarantees as to whether or not another User will use your ideas or information, and we are not responsible for misuse or misappropriation of such ideas or information. Please do not share any information you wish to keep confidential.
Privacy
Your privacy is one of Inspectioneering’s highest priorities. Please carefully read our Privacy Policy, hereby incorporated into this Agreement by reference. Inspectioneering’s Privacy Policy governs the treatment of any information we collect, including personally identifiable information you submit to us and/or other Users through our Services. Any information, statements, data, and any other content you submit through our Services is voluntary on your part.
Notification of Violation of this Agreement
If you violate or have knowledge that another User has violated this Agreement, whether the violation was undertaken under controlling law, you agree to notify us within 7 days of the violation or learning of the violation with as much detail as necessary to explain and substantiate such violation.
Returns Policy
Damaged Print Issues
If your Journal Issue frequently arrives damaged and your mailbox is sufficiently sized, then check with the post office to see if the magazine arrives in good condition. If it does not, then please contact us immediately so we can find an alternative solution. If this is an isolated event, you can report a damaged issue online by clicking here. Your subscription will be extended to make up for the damaged issue, or if you would prefer, we will expedite a replacement issue.
Late or Missed Print Issues
Inspectioneering’s delivery window is one to two weeks after the second month printed on the issue cover for U.S.-based addresses. For international addresses, it may take longer. For example, for the January/February issue, delivery should occur no later than the second week in March. Your Journal Issue should not be considered late or missed unless it arrives after this window. If you have missed an issue, Inspectioneering may have an incorrect address on file. Please to verify your delivery address is correct in your Account Settings, or email us at inquiries@inspectioneering.com. If none of these explanations apply, please click here to contact us immediately so we are aware of the situation. Your subscription will be extended to make up for the missed issue, or if you would prefer, we will expedite a replacement issue.
Subscription Cancellations and/or Refunds
Inspectioneering subscriptions are offered for at least 1 year terms and full payment is required to purchase a subscription, unless otherwise agreed upon. If you are unsatisfied with your subscription, please contact us immediately so we can assist you. Refund requests will be considered on a case-by-case basis and granted in the sole discretion of Inspectioneering LLC.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Inspectioneering is intended or created by these Terms of Use.
Disclaimer
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND CONTENT PROVIDED BY INSPECTIONEERING IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSPECTIONEERING AND ITS AFFILIATES, EXPLICITLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INSPECTIONEERING.COM AND THE INSPECTIONEERING JOURNAL CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. INSPECTIONEERING DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR CREDIBILITY OF ANY OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH ANY OF ITS SERVICES. INSPECTIONEERING DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT THAT MAY BE OBTAINED FROM USE OF ANY CONTENT FOUND ON INSPECTIONEERING.COM OR IN INSPECTIONEERING JOURNAL. INSPECTIONEERING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES REVIEWED, DISCUSSED, OR ADVERTISED THROUGH ONE OF ITS SERVICES. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, PRODUCT REVIEWS, AND OTHER CONTENT SOLELY AT YOUR OWN RISK.
Limitations of Liability
INSPECTIONEERING, LLC AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS, WILL IN NO EVENT BE HELD LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THIS WEBSITE, OR ANY OTHER PRODUCT OR SERVICE OF INSPECTIONEERING.COM, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, OR ANY OTHER LOSSES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT ALL INFORMATION PROVIDED BY INSPECTIONEERING IS STRICTLY ADVISORY, AND MEANT FOR INFORMATIONAL PURPOSES, AND ANY CONTENT DOWNLOADED, RELIED UPON, AND/OR UTILIZED BY WAY OF INSPECTIONEERING.COM OR THE INSPECTIONEERING JOURNAL IS DONE SO AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES CAUSED BY SAID CONTENT.
Termination of this Agreement
Mutual Rights of Termination
You may, at any time, deactivate your account. Termination will be effective upon Inspectioneering processing the termination request. If you are a subscriber to Inspectioneering Journal, termination will not interfere with receipt or print versions of Inspectioneering Journal that you are owed.
Misuse of Services
Inspectioneering may restrict, suspend, or terminate the account of any User that abuses or misuses the services we provide. This includes committing any illegal act, abusing other Users, making inappropriate or inflammatory comments, allowing others to use your service, or any other behavior that we, in our sole discretion, deem contrary to our purposes or violative of the rights of others.
Effect of Termination
Upon termination of your Inspectioneering.com account, you lose access to the online services provided by Inspectioneering, LLC. The terms of this Agreement shall survive any termination, except Section 2 (“Inspectioneering’s Rights and Obligations”) and Section 3 (“User’s Rights and Obligations”) hereof.
Expiration of Subscription
Full access subscribers may suffer a lapse in their subscription if renewal is not made prior to 15 days before the expiration of your subscription. In the event that you allow your subscription to expire, you will no longer have access to the full archive of Inspectioneering Journal or any other subscriber services.
Children Under 13
Inspectioneering is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Inspectioneering relies on parents and guardians to ensure that minors only use the Services if they can understand their rights and responsibilities as laid out in this Agreement.
In the event that you are a school, district, or teacher in the United States and want your students who are under the age of 13 to access and use Inspectioneering’s Services, you agree that you are responsible for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, the Family Educational Rights and Privacy Act (“FERPA”). This means that you must notify the students’ parents/guardians of the personally identifiable information that Inspectioneering will collect, and that you will obtain parental/guardian consent before your students access our Services. When obtaining such consent, you must provide parents/guardians with a copy of Inspectioneering’s Privacy Policy. You must keep all consents on file and provide them if requested.
If you are located outside the United States, we will rely upon you to obtain any required consent or approval from a parent/guardian of any student covered by similar laws, and, as a condition to your use of our Services, you agree that you will be responsible for complying with such laws.
Dispute Resolution
You agree that any and all actions, whether in law or equity, that arise out of or are related to the terms of this Agreement or use of Inspectioneering’ Services shall be filed, and that venue properly lies, only in state or federal courts located in Houston, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Inspectioneering’s Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General
This Agreement contains the final and entire Agreement between you and Inspectioneering regarding your use of our Services and supersedes all previous and contemporaneous agreements regarding your use. You may not assign this Agreement or any rights or obligations hereunder and any purported assignment shall be deemed ineffective. Inspectioneering may assign any or all rights and obligations under this Agreement at any time and without notice. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision(s) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if court or arbitrator finds the modified provision invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected in any way. You are not entitled to and shall not seek rescission, injunctive relief, equitable relief, or any other action that that will hinder our Services, exploit advertising, or exploit any material available through our Services.
Contact Us
All notices or other correspondence to Inspectioneering under this Agreement must be sent to the following electronic mail address: support@inspectioneering.com, or to the following physical address:
Inspectioneering, LLC
24900 Pitkin Road, Suite 325
Spring, TX 77386
United States