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This document was last updated on March 25, 2017

Terms of Use


Agreement between you (the user of this site) and Myrtlewood Software, LLC ("Myrtlewood Software") regarding your use of this web site / web service and its associated sites and services ("Site").

Welcome to RoomToRoom Web Reports! The Site is comprised of various web pages operated by Myrtlewood Software. This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of this Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

This Site is an E-commerce site.
We provide web-based home inspection reporting solutions.

Privacy

Your use of this Site is subject to Myrtlewood Software's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to Myrtlewood Software constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Myrtlewood Software is not responsible for third party access to your account that results from theft or misappropriation of your account. Myrtlewood Software and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Myrtlewood Software does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

The security of your information is one of our highest priorities. Use of our Site requires a secure connection over a https connection. Some devices and / or internet browsers use older standards of encryption that are no longer considered secure (such as TLS 1.0) when connecting to websites. You agree that you will ensure you are using a secure connection to our Site before using our Site or logging into your account on this Site. An easy way to test your browser is to visit this page (managed by a third party service outside of our control): SSL Labs Browser Check

We attempt to detect your browser version and alert you if your browser is out of date, but these checks cannot be relied upon and you are responsible for making sure your connection to our Site is secure.

Note that if you "un-publish" a report, parties that have already accessed the previously published report may still be able to access photos and / or other information in the previously published report if they retain the addresses of those resources. If you wish to totally remove access to a report, you must permanently delete it.

YOU ARE NOT PERMITTED TO SHARE YOUR ACCOUNT WITH ANYONE ELSE, AND YOU MAY NOT CREATE MORE THAN ONE ACCOUNT. ADDITIONALLY, LOGGING INTO YOUR ACCOUNT IN MORE THAN ONE BROWSER OR WINDOW AT THE SAME TIME MAY RESULT IN UNUSUAL ERRORS AND / OR DATA LOSS.

Cancellation/Refund Policy and Payments

Because you are given the opportunity to try the Site out for free, and because subscriptions are payed monthly, NO REFUNDS ARE GIVEN except in special circumstances where we feel a refund is needed, determined at our sole discretion. Subscriptions can be cancelled at any time, and when cancelled you will continue to be able to use the benefits of the cancelled subscription for the remainder of days left before what would have been the next billing date.

Please note that because of time zone differences, an upcoming billing date that you see on your account may be off by one day. It may also depend on when your financial institution (as well as BrainTree, the third-party payment service that handles payments on our Site) initiates the charge to your account. In general, all dates you see on our Site are in UTC time, but this can vary (especially with payment related information), and we may attempt to convert displayed times to your local timezone.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Myrtlewood Software and Myrtlewood Software is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Myrtlewood Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Myrtlewood Software of the site or any association with its operators.

Certain services made available via Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Myrtlewood Software may share such information and data with any third party with whom Myrtlewood Software has a contractual relationship to provide the requested product, service or functionality on behalf of Myrtlewood Software to users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use our Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Myrtlewood Software that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Myrtlewood Software or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights, with the exception of third-party, open-source libraries that are in use on this Site (see the end of these Terms for more details). You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Myrtlewood Software content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Myrtlewood Software and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Myrtlewood Software or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, inspection reports, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Myrtlewood Software has no obligation to monitor the Communication Services. However, Myrtlewood Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Myrtlewood Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Myrtlewood Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Myrtlewood Software's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Myrtlewood Software does not control or endorse the content, messages or information found in any Communication Service and, therefore, Myrtlewood Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Myrtlewood Software spokespersons, and their views do not necessarily reflect those of Myrtlewood Software.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

If you use the account linking feature, which allows you to collaborate with other inspectors, you agree that your account data and reports are susceptible to data changes, loss and / or theft by the other user account(s) you are linked with. Use of this feature is AT YOUR OWN RISK so please ensure you trust the other users you link accounts with. You are responsible for the content in your account regardless of which user contributes to your account. Should a user cancel a link with your account, you may be unable to upload any reports you made using that user's library and will have to redo those reports.

Materials provided to Site or posted on any Myrtlewood Software, LLC web page

Myrtlewood Software does not claim ownership of the materials you provide to Site (including feedback and suggestions) or post, upload, input or submit to any Myrtlewood Software Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Myrtlewood Software, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, delete, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Myrtlewood Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Myrtlewood Software's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Please note that sometimes when you delete content such as an image, we may retain a copy of the image that is not visible to you in your uploads. The reason is that the image may be used in published reports and therefore cannot be deleted because it would cause issues in the report. If you really need an image to be deleted, please let us know and we will review the situation.

Third Party Accounts

Your account on this Site is linked with other third party services for handling different parts of your account like payments and credit card processing. You agree and allow Myrtlewood Software, LLC to share your information with these third parties, including financial and other information. If you do not agree, do not use this Site.

International Users

The Service is controlled, operated and administered by Myrtlewood Software from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country where prohibited by law or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Myrtlewood Software, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Myrtlewood Software reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Myrtlewood Software in asserting any available defenses.

All software is capable of failing at many points. Sometimes the result of this failure is more obvious (by way of example, and not as a limitation: a page that will not load or a report being deleted). Sometimes, these errors are less obvious (by way of example, and not as a limitation: content not being included in a report that results in the reader missing some important information). YOU AGREE THAT MYRTLEWOOD SOFTWARE, LLC IS NOT LIABLE FOR ANY DAMAGES, WHETHER THE DAMAGES ARE CAUSED TO YOU, YOUR BUSINESS, YOUR CUSTOMERS/CLIENTS, AND/OR ANY OTHER PARTY AS A RESULT OF A SOFTWARE GLITCH/ERROR THAT OCCURS ON AND/OR RELATED TO THIS SITE. MOREOVER, YOU AGREE THAT MYRTLEWOOD SOFTWARE, LLC IS NOT LIABLE FOR ANY DAMAGES THAT ARISE AS A RESULT OF SECURITY BREACHES TO THE SITE OR SERVER(S), WHETHER THESE BREACHES INCLUDE DATA LOSS, DATA THEFT, OR LOSS OF AVAILABILITY OF THE SITE FOR USE.

An account on this Site comes with some default content in your library. This default content is intended to help you get started writing reports. WHETHER THIS DEFAULT CONTENT IS RELIED ON COMPLETELY, PARTIALLY OR NOT AT ALL IN YOUR REPORTS, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ALL CONTENT IN YOUR REPORTS, WHETHER PICTURES, TEXT, AND / OR OTHER FORMS OF CONTENT. IN ADDITION, YOU ARE ALSO RESPONSIBLE FOR REVIEWING ALL REPORT CONTENT (BOTH THE WEB REPORTS AND THE PDF VERSIONS) BEFORE SENDING REPORTS TO YOUR CLIENTS AND/OR ANY OTHER PARTY. YOU ACCEPT AND AGREE TO BE LIABLE FOR ANY USE, DAMAGE, MISTAKE OR OTHER LIABILITY OF ANY KIND ARISING OUT OF THE HOME INSPECTION REPORTS CREATED / GENERATED IN YOUR ACCOUNT ON THIS SITE.

YOU ARE ALSO RESPONSIBLE FOR DOWNLOADING PDF VERSIONS OF YOUR REPORTS FOR LONG-TERM BACKUP AS THESE REPORTS MAY BE PERMANENTLY DELETED BY MYRTLEWOOD SOFTWARE AT ANY TIME. IF YOU CANNOT ACCESS A PDF VERSION OF ANY OF YOUR REPORTS, PLEASE CONTACT MYRTLEWOOD SOFTWARE IMMEDIATELY FOR ASSISTANCE.

Please note that because this Site uses transitions to combine your report conditions, sometimes the transitions that appear in the final report may be different from the transitions that you see while editing the report. This is because the content is dynamically generated. Please review your reports to ensure everything looks ok as you are responsible for all content in your reports.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MYRTLEWOOD SOFTWARE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MYRTLEWOOD SOFTWARE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MYRTLEWOOD SOFTWARE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BY ENTERING INTO THIS SITE YOU CONSENT TO ALL WAIVERS AND RELEASES IN THIS DISCLAIMER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYRTLEWOOD SOFTWARE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYRTLEWOOD SOFTWARE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN THE EVENT THAT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS DETERMINED BY LAW TO NOT BE LEGALLY BINDING, THE LIMITATION OF LIABILITY SHALL BE NO MORE THAN THE TOTAL AMOUNT YOU HAVE PAYED MYRTLEWOOD SOFTWARE, LLC TO USE THIS SITE.

Termination/access restriction

Myrtlewood Software reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Myrtlewood Software as a result of this agreement or use of the Site. Myrtlewood Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Myrtlewood Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Myrtlewood Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Myrtlewood Software with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Myrtlewood Software with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Myrtlewood Software reserves the right, in its sole discretion, to change the Terms under which this Site is offered. The most current version of the Terms will supersede all previous versions. Myrtlewood Software encourages you to periodically review the Terms to stay informed of our updates. When Myrtlewood Software does change these Terms, we will post a notification at the top of this page.

Third Party Code Libraries

This Site makes use of multiple third-party libraries ("Third Party Libraries") of code and files which are distributed to users of this Site. Though Myrtlewood Software maintains ownership of and sets the Terms of use for this Site (which is a combination of private code and Third Party Libraries), the individual Third Party Libraries have their own respective licenses, and we have included the licenses with those Third Party Libraries (in text form or as a web link), as well as any present copyright attributions in their source files. Any code, files, and/or any other content outside of the Third Party Libraries are not under any of the Third Party Libraries' licenses and/or terms, but are only under the terms of this agreement. ANY USE OF THIRD PARTY LICENSES NOT DERIVED FROM THIS SITE OR OBTAINED SEPARATELY FROM THIS SITE MUST BE OBTAINED WITH THE USER’S OWN LICENSE AND ANY MODIFICATION MUST BE PERFORMED IN ACCORDANCE WITH THE USER’S LICENSE TO SAID THIRD PARTY LIBRARIES.

The Third Party Libraries, as a part of this Site, are also distributed under the terms of this Site (unless those Third Party Libraries are separated from this Site and used for purposes entirely separate and unrelated to this Site, at which point the Third Party Libraries are only under their respective licenses and not under this Site's license). Outside of the Third Party Libraries used on this Site, the rest of this Site is Copyright (c) 2015-2016 Myrtlewood Software, LLC. All rights reserved.

Contact Us

Myrtlewood Software welcomes your questions or comments regarding the Terms:

Email Address:
support@r2rsoftware.com

Company Address:
11935 SE 117th Ave
Happy Valley, OR 97086

Terms Effective

These Terms are effective as of May 27, 2016. However, subsequent revisions to these terms are effective as of the date of change posted at the top of this page. As stated above, the most current version of the Terms will supersede all previous versions.