For the purpose of this agreement, “Company” shall mean Inspect2GO, Inc., and “Customer” shall mean the customer, user and/or purchaser of this Software and “Software” shall mean this software, mobile application and/or app. This agreement is between Company and Customer. Customer agrees to and understands that this Software is to be used for informational purposes only. Any information and/or result achieved from the Software shall in no way be construed as verification and/or approval of the food, facility, process, property, vehicle or other item in question. This Software and its results and/or score/report shall in no way be considered a substitute for a licensed and/or certified inspection of the food, facility, process, property, vehicle or other item. This Software is the sole property of Company. Should any third party improve upon Company’s software, they must do so with written permission of the Company. Company specifically disclaims any and all warrantees associated with the use and/or results of the Software. Company shall not be liable for any claim of damage/liability whatsoever from any cause of action from use of the Software. The Software and use thereof makes no representation whatsoever on any local, city, county, state, and/or federal ordinance/law. Customer acknowledges that the Software is not intended for any use in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.
This contract is between Company and Customer. Customer will indemnify, save harmless, and defend Company and all employees, officers, directors, agents, suppliers and subcontractors (collectively “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to this agreement and/or the Software or services provided by Company.
In no event shall Company or the “indemnified parties” listed above be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by customer or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if Company has been advised of the possibility of such damages. In no event will Company’s (or indemnified parties’) liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Product or Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Company (and indemnified parties) shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
Any dispute related to this document shall be resolved confidentially through binding arbitration at JAMS in Orange County, CA (http://www.jamsadr.com/) according to the laws of the state of California.