Agreement

Terms of Service

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THIS MEMBER AGREEMENT (the "Agreement") contains the terms and conditions for a member's participation as a home inspector on the Property Inspection Directory.com Internet website (the "Directory"). This Agreement is between WallRadon Testing, Inc., a Florida Corporation company (the "Company") and you, as the member who has satisfied the application requirements to be included as a member of the Directory ("You" or the "Member"). This Agreement will not be enforceable unless and until the Agreement has been fully executed and returned to the Company.

Application: Prior to the enforceability of this Agreement, You shall complete an application for enrollment in the Directory. The Company has the sole discretion to accept and approve your application. You expressly agree not to display or promote any of the following items, or any items related to the following, in Your website linked to the Directory: sexually explicit materials or otherwise obscene, profane or other inappropriate content; violent content or violence; discrimination of any sort, whether race, sex, religion, age, nationality, disability or sexual orientation; any fraudulent, criminal, dishonest or illegal activities or information; the use of any intellectual property or other propriety or confidential information of the Company or in any way represent Yourself as a partner, joint venture, agent, employee or similar relationship having any actual, apparent or implied authority to act on behalf of the Company or the Directory. The Company will review your application, all supporting information (including all requested certificates of insurance) and shall review your proposed website. The Company reserves the right in its sole discretion to refuse enrollment to any applicant.

Link to Directory: The Company will provide You with the necessary software and/or information to permit Your website to be included as a link on the Directory. The manner in which Your website is organized and displayed shall be based solely upon Your annual fee and shall be subject to our ability to continuously review your website and request supporting information. If at any time we determine in our reasonable discretion that You have failed to maintain our minimum standards, The Company reserve the right to immediately terminate this Agreement and Your inclusion in the Directory.

No Partnership: The parties to this Agreement agree that no partnership or employment relationship is created by this Agreement, including, without limitation, partner, joint venture, employee, agent or representative. You shall at all times be an independent contractor, and this Agreement shall not be construed as any other relationship. You shall not have any authority, either express or implied, to bind, commit or otherwise act on behalf of the Company.

Term/Termination: This Agreement shall have an initial term of one (1) year from the date that all parties have fully executed this Agreement and Your annual fee for the initial term has been received. This Agreement shall renew automatically upon the expiration of the initial term and successive terms for periods of one (1) year unless You provide written notice to the Company not less than sixty (60) days prior to the expiration of the initial term of any renewal term to terminate this Agreement. The fee for each renewal shall be the fee that is payable at the time of renewal for your selected level of inclusion in the Directory for the immediately preceding year. If You wish to change Your selected level of inclusion in the Directory, You must notify the Company within thirty (30) days prior to the end of any term. Your renewal rate will be the rate applicable at the time of renewal for the desired level of involvement in the Directory. Either party may terminate this Agreement for no reason by providing sixty (60) days prior written notice. You further agree that the Company may terminate this Agreement on five (5) days written notice if the Company determines that You are in breach of this Agreement in any respect or any of our compliance requirements. Disclaimer and Indemnification: The Company expressly disclaims any responsibility for the development, operation and maintenance of Your website and all materials and information that appear therein. The Company also disclaims any responsibility whatsoever related to any services You provide to any third party, whether such third party was referred to you from the Directory or otherwise. You are solely responsible for (i) the operation and maintenance of your website; (ii) to ensure the accuracy and appropriateness of all information on Your website; and (iii) to insure that all information and materials posted on Your website do not violate or infringe upon any confidential or propriety rights of any party. You expressly agree to indemnify and hold harmless the Company, its members, managers, representatives, successors and assigns, from all claims, damages, expenses and liabilities of any nature whatsoever (including, without limitation, attorney's fees) arising, directly or indirectly, from Your website and the use of Your website and from any services You provide to any third party. We expressly disclaim, and You agree that we are not liable for, any damages, including, without limitation, any indirect, special or consequential damages, resulting or arising from, directly or indirectly, this Agreement or the Directory. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO ANY PRODUCTS OR SERVICES OFFERED, INCLUDING, WITHOUT LIMITATION, EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The parties further agree that the Company cannot and does not represent or warrant that the Directory will function without interruption or error and disclaims any liability for any damages, either special, direct or consequential, for any disruption of the service of the Directory. Governing Law/Venue: This Agreement shall be interpreted under and governed by the laws of the state of Florida. Any action brought by either party to this Agreement shall be brought in the state courts of collier County, Florida . Severability: If any portion of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall continue to be enforceable in full.

Assignment: You may not assign any of Your rights in or under this Agreement without the prior written consent of the Company, which may be withheld in its sole discretion. This Agreement will inure to the benefit of successors, beneficiaries and permitted assigns. Any failure to enforce any provision or any breach of this Agreement in whole or in part shall not constitute a waiver of any rights or remedies herein.

The parties agree that any notices required herein may be sent either by e-mail or first class registered mail, return receipt requested. The parties shall set forth under the signature lines an address for first class mail sent by the U.S. postal service and shall inform the other party of any changes in this address. We will not be responsible for failure to provide notice of termination where such failure is caused by an error in Your e-mail, Your failure to check Your e-mail or your failure to inform us of a change in Your e-mail address.

Entire Agreement: This Agreement represents the entire agreement between the Member and the Company and supersedes any prior or contemporaneous agreements or representations related to the subject matter herein, whether written or oral.

Counterparts: This Agreement may be executed in counterparts, with each executed counterpart signature page constituting one agreement.

Acknowledgements: By clicking in the check mark box, each party represents that he has read this Agreement and has had the opportunity to seek counsel to this Agreement. Each party acknowledges that this Agreement is a non-exclusive arrangement and that both parties are free to solicit and enter other comparable agreements with competitors.

WallRadon Testing, Inc. a Florida Corporation, company

The parties acknowledge that the Agreement shall not be enforceable until all parties have executed the Agreement, a copy of the Agreement is on file at WallRadon Testing, Inc. and the required annual fee has been received by WallRadon Testing, Inc. .