Terms & Conditions
IMPACT CHECK, LLC TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND CONDITIONS APPLY TO THE WEB SITE IMPACTCHECK.COM AND ANY GOODS AND SERVICES OBTAINED THEREFROM, INCLUDING A PROPERTY IMPACT REPORT (THE "SITE"). BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND IMPACT CHECK, LLC (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK “AGREE” AND DO NOT USE THE SITE OR PURCHASE ANY PRODUCT OR SERVICES. BY CLICKING “AGREE”, (1) YOU ARE ACCEPTING THESE TERMS AND CONDITIONS AND ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL PROVISIONS CONTAINED IN THIS AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT, AND (2) YOU WILL BE DEEMED TO HAVE SIGNED THIS AGREEMENT.
IMPACT CHECK RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS AND CONDITIONS. YOU AGREE THAT IT IS YOUR OBLIGATION TO CHECK THE TERMS AND CONDITIONS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
- Payment. You agree to promptly pay for all reports, products or services you receive from IMPACT CHECK, and that IMPACT CHECK may charge your credit card or other payment method for such products or services purchased and for any additional amounts such as taxes, as applicable. All sales are final. There are no price protections in place and prices for products or services are subject to change at any time.
Your total price will include the price of the product or service plus any applicable sales tax. Sales tax will be based solely on the “Bill To” address provided by you and the sales tax rate in effect at the time of purchase. Sales tax will only be charged in states where digital goods are taxable, or otherwise where required by law.
- General. The Site is owned and operated by IMPACT CHECK, LLC ("IMPACT CHECK"). IMPACT CHECK has the right at any time to change or discontinue any aspect or feature of the Site, including, without limitation, the content, hours of availability, and equipment needed for access to or use of the Site.
Please review the IMPACT CHECK Privacy Statement [LINK], which applies to the information collected by IMPACT CHECK during your visit to and use of the Site, to get a better understanding of IMPACT CHECK policies and procedures regarding the collection and use of personal information.
Many if not most communications between IMPACT CHECK and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and IMPACT CHECK electronically shall satisfy any legal requirements that such communications be in writing.
You must be 18 years of age or older to use this Site and order products or services, and such products and services are void where prohibited. As a condition precedent to your right to use this site, you agree to provide true, correct, accurate and current information on you and the property, as required to completely fill out all registration and order forms, when registering for or ordering products or services; and to update and maintain the accuracy and completeness of such information.
- Account Security. To use IMPACT CHECK, you may establish an account. Do not reveal your account information (such as your User ID or Password) to anyone. It is your sole responsibility to protect and maintain the security and confidentiality of your information, and you will be solely and fully responsible for all activities on or through your account and under or through your User ID and Password. You agree that IMPACT CHECK will not be responsible for any losses that arise out of the unauthorized use of your account. You agree that the account data you provide may be stored and used by IMPACT CHECK to maintain and bill fees to your account.
- Proprietary Rights. The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, data compilations, logos, icons, images, and graphics (the "Content"). The Content of the Site, as well as the organization and design of the Site are the sole property of IMPACT CHECK or its licensors and affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted under these Terms and Conditions or copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of IMPACT CHECK or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
The Content and any Property Impact Reports are intended solely for you and for no other party. You may not disclose any of the content or Property Impact Report to any third party, and no third party may rely upon or otherwise have any third party beneficiary rights to the Content, Property Impact Reports, or the site.
- Site Security. IMPACT CHECK offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site or the Content, including, without limitation, any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any merchant or for any commercial purpose. YOU MAY NOT MAKE USE OF ANY DATA MINING, DATA GATHERING OR EXTRACTION TOOLS OR MANUAL PROCESSES TO COLLECT, GATHER OR COPY ANY OF THE CONTENT. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site not otherwise permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IMPACT CHECK or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing the IMPACT CHECK name or trademarks without the express written consent of IMPACT CHECK.
Systematic retrieval of the Content or other data from the Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of IMPACT CHECK is strictly prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempt to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the site) or to the Site (impersonating as a legitimate user). We may prosecute you to the full extent of the law for any violation of these Terms and Conditions. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
The provisions of this Section are for the benefit of IMPACT CHECK, its subsidiaries, affiliates, and third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of the Site, including, without limitation, any activities or use of the Site that are fraudulent or otherwise objectionable or inappropriate, or violate (i) these Terms and Conditions, (ii) the rights of IMPACT CHECK, any affiliate or licensor, or any other third party, or (iii) any law or regulation, will be investigated. IMPACT CHECK may take any legal action, as it deems appropriate and necessary, including, without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You agree that monetary damages will be difficult to quantify, and may not provide a sufficient remedy, and you consent to injunctive or other equitable relief for such violations without the requirement that IMPACT CHECK post a bond.
- Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER IMPACT CHECK, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IMPACT CHECK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL IMPACT CHECK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, HOSTING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE AS WELL AS THE PROPERTY IMPACT REPORT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IMPACT CHECK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE FOR OBTAINING A PROPERTY IMPACT REPORT, OR ANY OTHER REPORTS OR OTHER INFORMATION FROM THE SITE, AND YOU WAIVE ALL OTHER DAMAGES OR CLAIMS INCLUDING ATTORNEY’S FEES.
IMPACT CHECK RECEIVES INFORMATION FROM THIRD PARTY SOURCES REGARDING POTENTIAL PUBLIC PROJECTS AFFECTING PROPERTY AS REFLECTED IN IMPACT CHECK’S PROPERTY IMPACT REPORT. NOT EVERY POTENTAL PROJECT IS DISCLOSED OR REPORTED BY GOVERNMENTAL ENTITIES IN A TIMELY FASHION. IMPACT CHECK DEPENDS ON ITS SOURCES FOR THE ACCURACY AND RELIABILITY OF ITS INFORMATION. THEREFORE, NO RESPONSIBILITY IS ASSUMED BY IMPACT CHECK FOR ERRORS OR OMISSIONS IN A PROPERTY IMPACT REPORT. IMPACT CHECK CAN ONLY REPORT INFORMATION ACTUALLY (AND NOT CONSTRUCTIVELY) KNOWN TO IMPACT CHECK AS OF THE DATE, HOUR AND MINUTE THE PROPERTY IMPACT REPORT IS TRANSMITTED TO YOU BY IMPACT CHECK. THE PROPERTY IMPACT REPORT IS JUST ONE IMPORTANT TOOL, ALONG WITH A SURVEY, TITLE REPORT, PHYSICIAL INSPECTION AND OTHER DUE DILIGENCE TO DETERMINE POTENTIAL IMPACTS TO YOUR PROPERTY.
- Indemnification. You agree to release, defend, indemnify, and hold harmless IMPACT CHECK and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of (i) your use of the Site or any information you obtain from the Site or its Content (including, without limitation, any IMPACT CHECK Property Impact Reports), (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (iii) your breach of these Terms and Conditions (iv) any actual, prospective or terminated sale or other transaction between you and a third party related to any property for which you used the Site and/or for which IMPACT CHECK provided a Property Impact Report, (v) your use of any link to third party sites contained in the Site, or (vi) your disclosure, distribution or publication of any Property Impact Report or other information provided on the Site.
- Third Party Content. Any information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of IMPACT CHECK.
The Site may include functionality that allows users to post comments. You may post comments or submit materials on the Site so long as the content is not illegal or in violation of any applicable laws or obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
If you do post content or submit material, and unless we indicate otherwise, you grant IMPACT CHECK and its affiliates a worldwide, nonexclusive, royalty-free fully paid, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. IMPACT CHECK has the right but not the obligation to monitor and edit or remove any activity or content. IMPACT CHECK takes no responsibility and assumes no liability for any content posted by you or any third party.
- Viruses/Data Breach Disclaimer. IMPACT CHECK USES REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR USE OF THIS SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND IMPACT CHECK DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. IMPACT CHECK DOES NOT REPRESENT, WARRANTY OR GUARANTEE THAT THIS SITE WILL BE FREE FROM LOSS, CORRUPTION, VIRUSES, ATTACK, INTERFERENCE, HACKING OR OTHER TYPE OR MANNER OF SECURITY INTRUSION OR BREACH, AND IMPACT CHECK DISCLAIMS ANY LIABILITY RELATING THERETO. IMPACT CHECK ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
- Export Control. Certain software or other materials (“Software”) that you may obtain through the Site may be further subject to export control laws. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restrictions or regulations.
- Changed Terms. IMPACT CHECK reserves the right at any time to change or modify the Terms and Conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately and incorporated into this Agreement. Any use of the Site by you after such change shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous negotiations, discussions, written or oral agreements between the parties with respect to the subject matter of this Agreement. These Terms and Conditions shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules, including but not limited to, the Uniform Computer Information Transactions Act ("UCITA"). You hereby consent to the personal jurisdiction of any state or Federal court in the State of Georgia, acknowledge that venue is proper in Screven County, Georgia, agree that exclusive jurisdiction for any action related to these Terms and Conditions must be brought in a state or Federal court in the County of Screven, Georgia and waive any objection or defense that may exist, now or in the future, with respect to any of the foregoing, including lack of personal jurisdiction, improper venue, or forum non conveniens. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- Termination of Use. We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
- Digital Millennium Copyright Act Notice. It is the policy of IMPACT CHECK to respect the intellectual property of others. If you are alleging that material available on or through the IMPACT CHECK website infringes upon your copyright, please submit a written notification pursuant to the Digital Millennium Copyright Act ('DMCA'). The notice must include the following to be effective:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 IMPACT CHECK to locate the material.
- Information reasonably sufficient to permit IMPACT CHECK to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All written notices should be sent to the following:
IMPACT CHECK, LLC
Attention: Copyright Notice
1075 Peachtree Street NE
Atlanta, GA 30309
IMPACT CHECK will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries/notices that fail to follow this procedure may not receive a response.
BY VISITING OR USING THE SITE, OR ANY PAGE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND IMPACT CHECK, LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.