OCLA Enterprises LLC – Terms of Use
Effective Date: January 1, 2023
These Terms of Use govern access to, and use of, the Pool Inspection Wizard , an inspection software, services, website, and web hosting provided by Company. Buyer’s offer to use and/or purchase Pool Inspection Wizard is accepted by Company expressly subject to these terms. Buyer hereby agrees to these terms (“Terms of Use”). Buyer should read these terms carefully before deciding to purchase and use Pool Inspection Wizard products. Company may modify these Terms of Use at any time at Company’s discretion by posting an update to this page. Use of Pool Inspection Wizard products may require Buyer’s acceptance of additional terms and conditions. Company will notify Buyer of any material changes to these Terms of Use and Buyer will be required to agree to the changes to continue to use Pool Inspection Wizard. By continuing to use Pool Inspection Wizard products, you are agreeing to these terms. The current Terms of Use can be viewed at https://poolinspectionwizard.com/termsandconditions
Accessibility: If you are having any trouble accessing these Terms of Use or the website, please contact us at (828) 254-2030. Our hours of operations are: M-F 9am-6pm Central Time.
1. Definitions
“Buyer” means the entity or individual to whom Company is selling or otherwise using Pool Inspection Wizard, whether an Inspector or an Other User, including a Home Buyer. “Pool Inspection Wizard” and “Inspection Wizard Products” refers to the Pool Inspection Wizard home inspection software and/or services (including this website), along with associated web hosting, used to manage, track, and deliver home inspections, including online home inspection report upload and delivery, customer support, technical support, training, and workshops provided by Company. A list of the home inspection features will soon be posted on this website.
“Inspector” means an entity or individual providing home inspection services to whom Company is selling Pool Inspection Wizard.
“Company” means OCLA Enterprises LLC, the provider of Pool Inspection Wizard.
“Other User” or “User” means an entity or individual providing information or receiving information via Pool Inspection Wizard, or otherwise using Pool Inspection Wizard, including a real estate professional or home buyer, other than an Inspector.
2. Copyright, Trademarks, Licenses and Submissions
The entire contents, graphics, site design, logos, icons, and images of Pool Inspection Wizard are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are Company and/or its affiliates or other appropriate parties. Pool Inspection Wizard material, whether included on the Pool Inspection Wizard software or provided electronically, including text, graphics, code and/or software, may not be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner without Company’s written consent. Buyer may print and download portions of material from Pool Inspection Wizard software and websites solely for Buyer’s own non-commercial use provided that Buyer agrees not to change or delete any copyright or proprietary notices from the materials.
Buyer agrees to grant to Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any materials and other information Buyer submits to any public areas of the Pool Inspection Wizard website or Pool Inspection Wizard websites hosted by Company, including Content (defined below).
3. User Account
Users of our systems will receive a password and account designation upon completing the Pool Inspection Wizard registration process. Inspectors using the Pool Inspection Wizard software must also agree to the Pool Inspection Wizard End User License Agreement. Pool Inspection Wizard accounts and access credentials may not be shared. Users of our systems are responsible for maintaining the confidentiality of their Pool Inspection Wizard password and account, and are fully responsible for all activities that occur under their password or account. Users of our systems agree to immediately notify Company of any unauthorized use of their password or account or any other breach of security.
Individuals or companies that are competitors of Company are forbidden and prohibited from completing the sign-up process, obtaining a user account directly or indirectly, and are not allowed to view password protected areas.
4. No Employment
In no way is any Inspector, or any User, an employee or agent of Company by means of their use of Pool Inspection Wizard; all such Inspectors are still their own home inspection company with their own liability. Company is in no way responsible for the acts or omissions of Inspector while Inspector is performing a pool inspection. An Inspector may not identify Inspector’s company by the same title (Pool Inspection Wizard, OCLA Enterprises LLC), or any similar name that would confuse someone or lead one to conclude that Inspector is an employee, owner, or paid representative of Company. Inspector may by all means advertise proudly as a user of Pool Inspection Wizard while it participates in Pool Inspection Wizard. When using the Pool Inspection Wizard logo, Inspector cannot alter the logo, including the color and tint. Yellow page ads can have the Pool Inspection Wizard logo in black and white only. The Pool Inspection Wizard logo can be used in other advertising or stationary (i.e. the brochures, cards, and circulars of Inspectors, etc.), but must be the standard colors and cannot be altered other than in size.
5. No Warranty
COMPANY AND COMPANY’S SUPPLIERS PROVIDE POOL INSPECTION WIZARD AND ALL RELATED PRODUCTS AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY AND COMPANY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
6. Limitation of Liability
IN NO EVENT SHALL COMPANY OR COMPANY’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH POOL INSPECTION WIZARD OR ANY SERVICES OR THESE TERMS OF USE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
IN ADDITION, COMPANY SHALL NOT BE LIABLE IN ANY RESPECT FOR FALSE REPRESENTATION ON THE PART OF BUYER, UNAUTHORIZED ACCESS TO DATA, OR INTENTIONAL MISUSE OF THE DATA STEMMING FROM THE UNAUTHORIZED USE OF POOL INSPECTION WIZARD.
COMPANY’S SOLE LIABILITY RELATED TO POOL INSPECTION WIZARD OR ANY PRODUCTS OR SERVICES AND BUYER’S EXCLUSIVE REMEDY UNDER THESE TERMS OF USE SHALL BE LIMITED TO A REFUND OF THE AMOUNTS PAID BY BUYER TO COMPANY FOR POOL INSPECTION WIZARD DURING THE PRIOR TWELVE (12) MONTHS OR TERMINATION OF THESE TERMS OF USE. THIS WILL BE THE EXCLUSIVE AND SOLE REMEDY FOR THIS COMPANY’S LIABLITY.
7. Indemnity
Buyer agrees to indemnify and hold Company and Company’s affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Buyer’s breach of these Terms of Use or the documents it incorporates by reference, Buyer’s use of Pool Inspection Wizard or Buyer’s violation of any law or the rights of a third party.
Inspector hereby agrees to indemnify and hold Company and its respective officers, directors, employees, affiliates, Users, successors and assigns, harmless against any and all claims, demands, suits, damages or expenses of whatever form or nature, including reasonable attorneys’ fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of any acts or omissions of Inspector arising out of (i) Inspector’s use of the template inspection agreement, and (ii) Inspector’s use of Pool Inspection Wizard, including its online features and platform.
8. Privacy
Company will collect and process personal information in connection with Pool Inspection Wizard according to its privacy policy which can be viewed at: https://www.PoolInspectionWizard.com/privacypolicy.
9. Governing Law
These Terms of Use shall be governed by the laws of the State of TEXAS without reference to its conflict of laws provisions and enrollee further consents to exclusive jurisdiction of state and federal courts sitting in the state of TEXAS.
10. Term and Termination
Inspector will have access to any Inspection Wizard Products used or purchased for the duration of the subscription period or contract term set forth on their dashboard. In the event that you cancel any subscription or contract early. Company is not obligated in any way to refund all or part of your subscription or contract fees. If you do not keep your account in good standing or violate any of the Terms of Use you may lose access to any Pool Inspection Wizard products.
Company may terminate your access to Inspection Wizard Products effective upon written notice to Buyer, including if Buyer materially breaches these Terms of Use. Upon expiration or earlier termination of these Terms of Use, the license granted hereunder shall also terminate, and Buyer shall cease using and destroy all copies of the Inspection Wizard Products in their possession or under their control. No expiration or termination shall affect Buyer’s obligation to pay all amounts that may have become due before such expiration or termination, or entitle Buyer to any refund.
11. Other Terms of Service Agreement
If you use other Inspection Wizard Products, and the Terms Of Use presented in those other products are different from these, and there are any conflicts between these Terms of Use and the other Terms of Use, the Terms of Use presented here shall prevail.
12. Code of Conduct
All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted by Buyer, are the sole responsibility of the Buyer from whom such Content originated. Company does not control the Content posted and does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Pool Inspection Wizard.
Buyer shall not:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any Content that Buyer does not have a right to make available under any law;
- use abusive or threatening language on our platform or when communicating with our staff or representatives;
- harass, stalk or threaten our staff or representatives;
- disrupt the servers or networks connected to or associated with Pool Inspection Wizard;
- sell, license, sublicense or redistribute Pool Inspection Wizard without express permission from Company;
- replicate, modify, reverse engineer, decompile or disassemble any portion of Pool Inspection Wizard; or
- cause or permit any third party to engage in the restricted activities above.
13. Digital millennium copyright act (“DMCA”) notice.
Materials, such as Content, may be made available via Pool Inspection Wizard by Buyers or other third parties not within our control. We are under no obligation to, and do not, scan content used in connection with Pool Inspection Wizard for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on Pool Inspection Wizard.
If you believe any materials on Pool Inspection Wizard infringes a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Pool Inspection Wizard
Attn: Customer Support
1008 E. Pecan Blvd.
Bldg D-11
McAllen, TX 78501
Email: info@PoolInspectionWizard.com
It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.