Terms & Conditions
National HouseCheck Corporation dba HouseCheck Environmental Services
Terms and Conditions of Sale and Disclaimers
Your Billing Statement Will Read: HOUSECHECK or HCENV
PLEASE READ THE TERMS CAREFULLY BEFORE BROWSING OR MAKING A PURCHASE FROM THIS WEBSITE (“USE”). THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. YOUR CURRENT USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS FOR YOUR CURRENT USE. ONLY THE TERMS IN EFFECT AS OF A USE SHALL GOVERN FOR THAT PARTICULAR USE. EACH TIME YOU MAKE USE OF THE SITE, REVIEW THE TERMS AGAIN IN ORDER TO ENSURE THAT YOU ARE AWARE OF AND ACCEPT THE THEN-CURRENT TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THIS WEBSITE. You should print a copy of the Terms for future reference, since Terms may have changed since your last Use.
These Terms shall govern your current Use of this website. These Terms supersede all terms and conditions that may have been published previously on this site.
If you are not 18 years old, please ask your parents or other adults whether you are of age to use this website and to order goods and/or services from it. There may be local laws that make it inappropriate for you to use this site or make purchases from it. You and the adults whom you must consult are solely responsible for determining if you may use this site lawfully.
These Terms are subject to change at any time without notice.
You acknowledge that you do not rely on any representation and/or warranty that have not been made in accordance with the Terms.
National HouseCheck Corporation attempts to ensure that information on this website is complete, accurate and current. Despite National HouseCheck Corporation’s efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date.
Descriptions, depictions, representations, and/or specifications for the products and/or services on offer at this website are intended as a guide only and only give a general approximation of the efficacy of the products and/or services.
You shall use this website in a legal, honest, and inoffensive manner, in compliance with generally accepted internet usage practice from time to time, and in compliance with the prevailing standards of your own community.
These Terms are organized under titles in order to group information into “user-friendly” categories. The titles are not to be used for purposes of interpreting the Terms.
We have the right to refuse to accept any orders placed for National HouseCheck Corporation’s products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full.
You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped or shipped to an incorrect location due to such inaccuracy, you alone are responsible.
The provision of products and services is subject to availability. If products are out of stock, National HouseCheck Corporation will inform you as soon as possible. You will be given the option of waiting until the products are in stock or of canceling your order.
If you have any problems or concerns regarding National HouseCheck Corporations’ products, you can reach us via the customer service contact information supplied on this website.
Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.
If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.
If you place your order by post, please complete the order form and send it to us, along with payment, to the address given. We have no liability to you in respect of orders that do not reach us.
Any products purchased are for personal use only. The products cannot be resold and cannot be given to any third party or used for unintended purposes or purposes for which the product was not designed or designated.
The availability of this website may be outside our control and in the hands of third-party providers. We cannot guarantee the level of availability of this site for your orders or other use. We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their contact details upon request.
Payment is due at the time you place your order.
We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.
If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
The word “Liability,” as used in the “Terms,” means any and all damages, claims, proceedings, actions, awards, expenses, costs and other losses.
NATIONAL HOUSECHECK CORPORATION MAKES NO WARRANTIES FOR THE PRODUCTS SOLD ON THIS WEBSITE. NATIONAL HOUSECHECK CORPORATION MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NATIONAL HOUSECHECK CORPORATION SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CUSTOMER ACKNOWLEDGES THAT NATIONAL HOUSECHECK CORPORATION (DBA, HOUSECHECK ENVIRONMENTAL SERVICES) DOES NOT ANALYZE THE SAMPLES AND THAT THE LAB RESULTS FOR AIR, SWAB OR LIFT SAMPLES WILL BE DETERMINED BY AN INDEPENDENT THIRD-PARTY LABORATORY AND NATIONAL HOUSECHECK CORPORATION IS PROVIDING THE CUSTOMER WITH A COPY OF THE INDEPENDENT LABORATORY’S WORK AND FINDINGS. NATIONAL HOUSECHECK CORPORATION ASSUMES NO LIABILITY FOR THE ACCURACY OF ANY LABORATORY RESULTS. NATIONAL HOUSECHECK CORPORATION RECEIVES A COPY OF LABORATORY RESULTS AND MAY USE THAT INFORMATION TO SELL THEIR DATA TO THIRD PARIES (E.G., CLEANING/REMEDIATION COMPANIES)
THE REPRESENTATIONS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS ON THIS SITE ARE BASED ON REPRESENTATIONS AND CONCLUSIONS BY THIRD PARTIES INCLUDING THIRD-PARTY SCIENTIFIC AND MEDICAL RESEARCHERS, CUSTOMERS PROVIDING TESTIMONIALS, EXPERT ENDORSERS, INFORMATION FROM SUPPLIERS, PARTICIPANTS ON INTERNET FORUMS, AND AUTHORS WHO PUBLISH LITERATURE ABOUT THE PRODUCTS’ INGREDIENTS, USAGE, AND THEIR EFFICACY. NATIONAL HOUSECHECK CORPORATION DOES NOT ITSELF REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ALL SUCH REPRESENTATIONS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
NATIONAL HOUSECHECK CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
WE DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
IF ANY DISPUTES ARISE BETWEEN YOU AND US AS A RESULT OF THESE DISCLAIMERS AND EXCLUSIONS OF WARRANTY AND LIABILITY, OR FOR ANY OTHER REASON, AND NEITHER OUR CUSTOMER SERVICE DEPARTMENT NOR GOOD FAITH MEDIATION IS ABLE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY, WE BOTH AGREE THAT SUCH DISPUTE SHALL THEN BE SETTLED SOLELY BY ARBITRATION STRICTLY BETWEEN YOU AND US, THE RESULT OF WHICH SHALL BE BINDING UPON ANY PARTIES INVOLVED, AND ANY JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. TO LEARN ABOUT THIS DISPUTE RESOLUTION POLICY IN FULL, PLEASE VIEW OUR ARBITRATION POLICY here.
NATIONAL HOUSECHECK CORPORATION DISCLAIMS ALL LIABILITY FOR REPRESENTATIONS AND WARRANTIES MADE ON OTHER WEBSITES ABOUT THE PRODUCTS AND SERVICES ON OFFER AT THIS WEBSITE IF SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE INCONSISTENT WITH REPRESENTATIONS AND WARRANTIES MADE ON THIS WEBSITE.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS NATIONAL HOUSECHECK CORPORATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTORS, AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS AND/OR OF THE TERMS OF OUR ARBITRATION POLICY.
THESE DISCLAIMERS AND EXCLUSIONS APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND ALL OTHER SITES OPERATED BY NATIONAL HOUSECHECK CORPORATION.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by National HouseCheck Corporation, except for trademarks belonging to third parties. You may not forward or copy any portion of this for any purpose other than your own personal reference.
Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to National HouseCheck Corporation or its affiliates. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of National HouseCheck Corporation. You are forbidden from copying or using these in any manner without the written permission of National HouseCheck Corporation or other owner.
DATA PRIVACY AND SECURITY
We do not sell databases to third parties that contain our customers’ personal information. We are committed to safeguarding your personal information.
We may contact you in the event that we wish to inform you of other products and services that we believe may interest you.
If we are under an order from a court of law, law enforcement authority, or regulatory agency to render personal details of our customers, such a legal mandate may leave us no choice but to comply. Please be aware that every business, both on and off the internet, is subject to the same privacy limitation.
When you order products and provide certain personal information such as your contact details, credit/debit card details, or other payment details, this information may be processed by us on servers that reside outside North America or the European Union. By placing orders for the products, you consent to the transfer of your data to the location(s) at which our servers reside.
We may use a third-party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants’ handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party’s acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
Our site may place cookies on your computer. Cookies are software applications placed on your hard drive by many websites. The aim of a cookie is to track your website preferences and habits in order to make visits more productive. You should ensure that your browser software is set not to accept cookies if you do not wish to receive them.
You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party’s use of the internet.
All in-stock items ordered before 1pm MST time will be shipped the same day if possible. Orders received after 1pm MST will ship the next business day. Out of stock items will ship as soon as they are available. If some items are in-stock and others are out of stock, our normal process is to wait until all items are received in our facility, then ship the entire order. If you would prefer that we would ship what is available, please contact our office at 844-942-4325 to make the request. Standard shipping is 3-5 business days by priority shipping, expedited shipping is available on most items and the service levels will display in checkout if available. We reserve to right to use alternate carriers to insure the fastest delivery possible.
Refunds/Exchanges: We offer a refund within 30 days of purchase if you are unsatisfied with your item or your item is defective. If you are unsatisfied with your purchase or receive a defective item, please contact our service department at with details of the product and the defect. Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment. Items purchased via the online store need to be returned in their original unopened package for a full refund excluding a 15% restocking fee. Shipping charges are not refunded. Sterile or consumable items are not eligible for return unless authorized by someone at our National HouseCheck Corporation. All returns must be shipped via UPS or Fedex and must be packed properly. National HouseCheck Corporation is not responsible for damage during transit and will not refund the cost of the item if it comes to our facility damaged. A claim will need to be filed with the shipping company that damaged the item and your recovery of cost will come from the shipping company. Returns will not be accepted after 30 days from the date of receipt. We reserve the right to change this policy without prior notice.
National HouseCheck Corporation is not responsible for the content of any websites that link to this one, including such websites that review and/or promote National HouseCheck Corporations’ products and services. A link to this site from another website does not imply that National HouseCheck Corporation endorses the contents of such websites or accepts the endorsements contained on such websites or accepts any responsibility for the content or use of such other websites.
This site may contain links to websites owned or operated by parties other than National HouseCheck Corporation. Such links are provided for your reference only. National HouseCheck Corporation does not control outside sites and is not responsible for their content nor their conformity to applicable laws. National HouseCheck Corporations’ inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does National HouseCheck Corporations’ inclusion of the links imply that National HouseCheck Corporation is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of the Terms is held by a legal authority pertinent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action, pandemics, and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
All third-party rights are excluded, and no third party shall have any right to enforce these Terms. For this particular Use, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and National HouseCheck Corporation with respect to this website. No modification of this agreement shall be effective unless it is authored by National HouseCheck Corporation and physically signed in blue ink by a director of National HouseCheck Corporation .
The rules of arbitration, as set forth at our ARBITRATION POLICY shall exclusively govern the enforcement of the Terms between you and us.
If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please email us at firstname.lastname@example.org.
Mutual Arbitration Agreement Between You and National HouseCheck Corporation.
We agree—both you (and your family members and beneficiaries) and National HouseCheck Corporation (meaning the corporation together with its directors, officers, employees, affiliates, agents, successors or assigns)—that (1) any mutual claim, dispute or controversy, or (2) any claim by either of us against the other on any matter, or (3) any claim arising from or related to this agreement, or (4) any claim arising from the relationships that result from this agreement, no matter against whom made, or (5) any dispute over the applicability of this Arbitration Agreement, or (6) any dispute about the validity of part of or the entire Arbitration Agreement (and hereinafter any or all types of claims, disputes, or controversies shall be referred to as a “Dispute” or “Disputes”), SHALL BE RESOLVED EXCLUSIVELY BY NEUTRAL, BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM in the United States, under its Code of Procedure in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is arbitrated (whichever is determined, in the sole discretion of the arbitrator, to be appropriate), except as specified otherwise in this Mutual Arbitration Agreement.
Arbitration hearings will take place in a location as convenient for you as possible subject to the approval of the National Arbitration Forum. To get more information on how to file a claim and obtain relevant forms, please contact the National Arbitration Forum at write to them at P.O. Box 50191, Minneapolis, Minnesota 55405, call them toll-free at 1-800-474-2371, or fax them at 1-952-345-1160. The identity of the arbitrator shall be determined solely by the National Arbitration Forum, so as to eliminate any undue influence that you or National HouseCheck Corporation can apply to the detriment of the other regarding the choice of arbitrator at the National Arbitration Forum.
In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, you and National HouseCheck Corporation agree that the American Arbitration Association shall arbitrate the Dispute in binding fashion. To contact the American Arbitration Association (at www.adr.org), write to them at The Paramount Building, 1633 Broadway, Tenth Floor, New York, NY 10019, call them at 1-212-484-3266, or fax them at 1-212-307-4387. The identity of the arbitrator shall be determined solely by the American Arbitration Association, so as to eliminate any undue influence that you or National HouseCheck Corporation can apply to the detriment of the other regarding the choice of arbitrator at the American Arbitration Association.
In the event that, for any reason, the American Arbitration Association is also unable or unwilling to arbitrate the Dispute in binding fashion, you and National HouseCheck Corporation agree that you and National HouseCheck Corporation shall endeavor in good faith to secure the services of another neutral arbitration body and that, under no circumstances, shall the Dispute be entertained by a court of law.
This Mutual Arbitration Agreement is effective pursuant to a transaction involving interstate commerce and shall be governed by and interpreted under the Federal Arbitration Act. The Act is codified as law at Title 9 of the U.S. Code, sections 1-16. You may review the provisions of the Act at the website of the Office of Law Revision Counsel of the United States House of Representatives, at
We both agree that the arbitration shall be conducted before one neutral arbitrator, who shall be selected by the National Arbitration Forum (or by a default arbitration body as set forth above). Any award of the arbitrator may be entered as a judgment in a United States court having jurisdiction as determined in the sole discretion of the arbitrator. In the event that a court having jurisdiction finds any portion of this Mutual Arbitration Agreement unenforceable, that portion shall not be effective, and the remainder of the Mutual Arbitration Agreement shall remain effective.
BOTH PARTIES TO THIS Mutual Arbitration Agreement–YOU AND NATIONAL HOUSECHECK CORPORATION —UNDERSTAND THAT YOU AND WE WOULD HAVE HAD THE RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE OUR CASE, BUT YOU AND WE CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
We agree that THE ARBITRATION SHALL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND NATIONAL HOUSECHECK CORPORATION, meaning that the arbitration, or any portion of it, will not be consolidated with any other arbitration, and will not be conducted on a class-wide or class action basis. In other words, WE ARE BOTH WAIVING THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS OR CORPORATIONS WHO MAY HAVE THE SAME OR SIMILAR CLAIMS AGAINST YOU OR AGAINST US. Further, WE BOTH WAIVE THE RIGHT TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND WE BOTH WAIVE THE RIGHT TO PARTICIPATE IN ANY MANNER IN A CLASS ACTION EITHER IN A COURT OF LAW OR IN ARBITRATION AGAINST EACH OTHER.
THE TERMS OF THIS ARBITRATION AGREEMENT MAY CHANGE WITHOUT NOTICE FROM TIME TO TIME. THE TERMS THAT SHALL BE APPLICABLE TO DISPUTES BETWEEN YOU AND NATIONAL HOUSECHECK CORPORATION SHALL BE THOSE TERMS THAT ARE SET FORTH HERE AT THE TIME THAT THE TRANSACTION OR OCCURRENCE THAT GAVE RISE TO THE DISPUTE OCCURRED.
YOU MAY OPT OUT OF THIS AGREEMENT IF, WITHIN 30 DAYS OF YOUR PURCHASE OF A PRODUCT FROM THIS WEBSITE, YOU SEND AN EMAIL TO THE FOLLOWING EMAIL ADDRESS: , AND SUCH EMAIL CLEARLY INDICATES YOUR REQUEST TO OPT OUT. You must include your name, telephone number, and order number in your email. You will receive an email confirmation of your opt-out within 3 business days. You must retain this email confirmation of your opt-out for your records. If you do not receive an email confirmation of your opt-out within 3 business days, please contact us via the following telephone number: 844-942-4325. If you are calling outside regular business hours (9:00am – 5:00 pm MST) you will need to leave a message that includes your name and telephone number. This procedure is intended to protect your rights as well as ours.
In the event that, for whatever reason, any portion of a dispute between you and National HouseCheck Corporation is to be determined by a state court, we both agree that any questions arising from or relating to this Mutual Arbitration Agreement, its interpretation, its breach, its termination, its validity, and the relationships that result from this Mutual Arbitration Agreement, or any questions arising from or relating to the marketing, advertising, sales, or any related purchase of products from National HouseCheck Corporation, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF IDAHO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
If you reside outside of the United States, any claims we may have against each other shall be brought before an arbitrator of the National Arbitration Association in New York City, and all the other terms and conditions of this Mutual Arbitration Agreement shall apply to you as if you were a resident of New York City. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply.
Each party shall pay for its own costs and attorneys’ fees, if any, and National HouseCheck Corporation will endeavor to secure pro bono assistance for an indigent claimant. However, if a party prevails on a statutory claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
National HouseCheck Corporation recognizes that the size of a claim against it may be relatively minor compared to the expense in bringing and maintaining an arbitration action, and National HouseCheck Corporation recognizes that, by this Mutual Arbitration Agreement, we have both waived our rights to proceed against each other on a class action basis, whether in litigation or arbitration. Although this Mutual Arbitration Agreement is reciprocal in every respect, we understand that unequal bargaining power may exist between you and National HouseCheck Corporation in making this agreement. Therefore, in light of our mutual waiver of the opportunity and right to litigate disputes through a court and to have a judge or jury decide the case, and in light of our mutual waiver of the opportunity and right to proceed against each other in class-wide litigation or class-wide arbitration, we remind you that you can always avail yourself of our 100% money-back no-questions-asked guarantee. In addition, we would also be happy to try to settle our dispute via mediation before proceeding to binding arbitration.
If you wish to try mediation before binding arbitration, then you and National HouseCheck Corporation hereby agree that any and every Dispute shall be entertained by a mediator at the National Arbitration Forum (using the contact information provided above for the National Arbitration Forum) strictly between us within 30 days of your asking us for mediation of the dispute. Any such mediation shall be held in the location designated by the National Arbitration Forum, and shall be conducted according to the mediation rules of the National Arbitration Forum in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is mediated (whichever is determined, in the sole discretion of the mediator, to be appropriate). You can review the mediation procedures on the website of the Forum at or by asking the Forum for a copy using the Forum’s contact information provided above. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to mediate the Dispute, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply, mutatis mutandis, for determining the mediation body, i.e., shall apply giving due consideration to the difference in application between mediation and arbitration.
You and National HouseCheck Corporation hereby further agree that both of us shall endeavor to resolve our mediated dispute in good faith. If, 120 days after the commencement of mediation, we are not successful in resolving the Dispute(s), then you and National HouseCheck Corporation hereby agree that the matter shall be resolved solely by binding arbitration strictly between you and National HouseCheck Corporation according to the terms, conditions, and procedures for this outlined above.
No waiver of any breach of this Mutual Arbitration Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of this Mutual Arbitration Agreement is held by any competent legal, arbitral, or regulatory authority with jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
All third-party rights are excluded, and no third party shall have any right to enforce this Mutual Arbitration Agreement.
For Disputes that arise from this particular purchase or website browsing/usage, this current Mutual Arbitration Agreement supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and National HouseCheck Corporation, whether with respect to this website or any other matter. For Disputes that arise from previous purchases or website browsing/usage, the Mutual Arbitration Agreement terms at the time of the previous purchase or website browsing/usage remain in effect.
HouseCheck Coronavirus Surface Test, a Website Owned and Operated by National HouseCheck Corporation dba HouseCheck Environmental Services
(Version Date: April 2, 2020)
HouseCheck encourages you to contact us with any concerns about our collection, use or sharing of your information through our Platform. If you have questions or concerns regarding this Policy or our Platform, you should contact HouseCheck through the Platform, by e-mail at or by writing us at National HouseCheck Corporation, 950 West Bannock Street, Suite 950, Boise, ID, 83702, Attention: Legal Department.
If we need, or are required, to contact you concerning any event that involves your information we may do so by email, telephone or mail.
INTRODUCTION AND SUMMARY
This policy is intended to inform you and other individuals accessing our Platform (collectively, "Users") of the use and sharing practices for the information we receive, collect and obtain through our Platform. Although we encourage you to read the entire Policy, the following provides a summary of some of the important aspects of our privacy practices:
• We allow you to "opt out" of certain uses of your information; however, selecting to opt-out will limit your interactions with the Platform.
• We have carefully selected third-party service providers that offer valuable services ("Brand Partners") that may be useful to our users. We use your information to provide you with products, services and information and connect you with our Brand Partners.
• We may combine the information we collect about you with information collected from other sources.
• We may share your information with third parties in some situations, such as in processing registration, administering our Platform, providing services through our Platform, and for direct marketing via our Brand Partners.
• We are committed to protecting and securing your personal information and will take reasonable and appropriate measures to secure your information, but we cannot promise that your information will remain secure in all circumstances.
BY ACCESSING OR USING OUR PLATFORM, YOU CONSENT TO THE COLLECTION, USE AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY. .
INFORMATION RECEIVED, COLLECTED AND OBTAINED BY HOUSECHECK
The information we receive, collect, and obtain includes information that is both Personal and Non-Personal (collectively, “Information”). "Personal" information refers to information that may be reasonably associated with, linked to, or used to identify an individual, allowing that individual to be personally identified or contacted. "Non-Personal" information refers to information that may not by itself be reasonably associated with, linked to or used to identify an individual. We may use and share the Personal Information and Non-Personal Information we receive, collect and obtain regarding you and other Users as described in this Policy.
We receive, collect, and obtain the following general types of Information:
INFORMATION COLLECTED FROM USERS. HouseCheck collects Information directly from Users of our Platform through their use of our Platform. We may use Personal and Non-Personal Information collected from Users of our Platform in accordance with this Policy.
We may also collect Personal Information from you voluntarily on the Platform, including through the information you voluntarily provide through your interactions with the Platform. These sources may include, for example, the registrations, responses, reviews, comments, purchases, confirmations, surveys, messages, posts, notes, phone calls and other communications you send through the Platform.
We may automatically collect Personal Information from you when you use or interact with the Platform. We may also collect Personal Information from you voluntarily on the Platform, including through the information you voluntarily provide through your interactions with the Platform. These sources may include, for example, the registrations, responses, reviews, comments, purchases, confirmations, surveys, messages, posts, notes, phone calls and other communications you send through the Platform.
In addition to your full name, the Personal Information we may collect from you will include, by way of example:
• Internet Protocol (IP) address.
• Browser type.
• E-mail address.
• Contact information (including phone number).
• Geographic location (including precise location information).
• Statistics regarding when and how you access the Platform, including pages accessed and functionality used.
• Performance related Information we may collect through your use of our Applications and the other features and functionality of the Platform.
• Other Personal Information you may volunteer on the Platform. • All information necessary to properly process payments for reports and account purchases.
Information Obtained from Third Parties. HouseCheck may obtain Information from other third parties regarding our Users. This Non-Personal Information may include, by way of example, performance information and other metrics regarding your use of and access to the Platform or demographic information from the geographic region associated with your IP address.
The Personal Information that HouseCheck receives, collects, and obtains may be used for a variety of purposes, including by way of example:
• Providing the Users with access to the Applications and other features and functionality of the Platform.
• Customizing and improving the Platform.
• Providing advertising for goods and services we feel may be of interest to you.
• Providing maintenance, support and customer service for the Platform.
• Providing notices regarding the Platform.
• Providing Information to our Brand Partners.
• Processing payments for goods and services.
• Developing additional products and services.
• Contacting Users for direct marketing purposes.
• Contacting Users for information verification purposes.
In addition to the other uses of Personal Information described in this Policy, we may share the Personal Information we collect and obtain in the following ways:
Service Providers. We may share Personal Information with third parties that help us provide various services relating to the Platform rather than performing the services ourselves. For example, we may contract with a third party to: (a) maintain and manage our database of Information; (b) host our Sites; (c) assist us with Information collection; (d) provide analysis of our Information; (e) enhance or overlay our Information with other Information obtained from third parties; (f) deliver, and provide Information regarding the delivery of, electronic messages; or (g) provide other services to assist us in our business. We require that these third parties agree to use the Information we share with them only to perform their obligations to us and to treat all Information they receive from us in compliance with this Policy.
Brand Partners. We may share your name, address, company, job title and phone number with Brand Partners so that they may develop and offer products and services to you that we believe will be of interest.
For instructions on how to "opt-out" of disclosure of your Personal Information to these third parties, including how to opt-out of the disclosure of your Personal Information for direct marketing purposes, please see the "Choice and Opt-out" section below.
NON-PERSONAL INFORMATION We may also generate Non-Personal Information from the Personal Information we receive, collect and obtain under this Policy. When we do so, we will take reasonable measures to ensure that the Non-Personal Information is no longer personally identifiable and may not later be reasonably associated with, linked to, or used to identify you. Once we generate any Non-Personal Information from any Personal Information, we will not later attempt to again make that information personally identifiable. However, we may combine and enhance that Non-Personal Information with other Non-Personal Information received or obtained from third parties.
Provided that this Information remains in non-personally identifiable form and may not be reasonably associated with or linked to you or used to identify you, we may use or share any Non-Personal Information we receive, collect, obtain or generate for any lawful purpose without a further duty or obligation to you. This will include, by way of example, generating product and service offerings based on the Non-Personal Information and providing those offerings to third parties.
You are not required to provide HouseCheck with any Information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive Information in order to use our Platform.
Our Platform is not directed at children under 16 and we will not knowingly allow anyone under 16 to provide any personally identifiable information. If you are under 16, please do not provide any information about yourself. If you are at least 16 years old, but not 18 years old, you may only provide information with the consent of your parent or guardian.
Our Platform and emails may include links to third party web sites and/or the opportunity to share on social media (such as the “Share” or “Like” features on Facebook). Your access to such third party websites or use of social media features is subject to the privacy policies and practices of those third party websites and/or social media providers. HouseCheck does not control the collection, use or disclosure of any information on such third party links. You may access HouseCheck web sites through links on third party web sites. By entering HouseCheck web sites through a third party web site you may be allowing such third party’s web site to view any information you provide to HouseCheck. If you are concerned about entering through a third party web site, you can access HouseCheck web sites directly at or by downloading the HOUSECHECK mobile device application intended for use by consumers. HOUSECHECK IS NOT RESPONSIBLE FOR THE POLICIES OR PRACTICES OF ANY THIRD PARTIES, INCLUDING OUR BRAND PARTNERS. YOU SHOULD REVIEW THE APPLICABLE PRIVACY POLICIES OF THIRD PARTIES BEFORE PROVIDING THEM WITH ANY INFORMATION
DISCLOSURE OF INFORMATION AS REQUIRED BY LAW
YOUR CALIFORNIA PRIVACY RIGHTS
California law provides that California residents have a right to request that certain businesses tell them how their Personal Information is collected and used and whether and to whom it is being disclosed or sold. Such businesses must also offer California residents the ability to opt-out of having their Personal Information sold to a third party. We have adopted a policy of allowing you to opt-out of the disclosure of your Personal Information to third parties for their direct marketing purposes. Instructions for opting out can be found in the section below entitled "Choice and Opt-Out."
CHOICE AND OPT-OUT
We provide you with a choice whether to receive certain emails, phone calls, text messages, surveys or other messages through the Platform and the opportunity to 'opt-out' of having your Personal Information shared with third parties for certain purposes. If you no longer wish to receive messages from HouseCheck through the Platform, or to have your Personal Information shared with third parties as permitted by this Policy, you may opt-out of receiving those messages from us or having your Personal Information shared with third parties.
In many cases, opting out of receiving messages or having your Personal Information shared with a third party will not affect your ability to use or access the Platform. However, some messages (e.g., account notifications and service announcements) are considered necessary to our operation of the Platform. Likewise, some of the third parties with which we share your Personal Information are used by us to provide necessary functionality for the Platform. If you wish to opt-out of receiving these messages or of sharing your Personal Information with those third parties, we may be required to limit or cancel your access to and use of some or all of our Platform. Note also that while you may opt-out of receiving messages from HouseCheck, you may be required to contact other third parties directly to also opt-out of receiving emails or other messages from those third parties.
All opt-out requests can be made by contacting us at support@HouseCheck.com. Note that it may take up to 10 days to remove your contact information from our lists, so you may receive messages from us for a time after your request.
AUTOMATED TRACKING (COOKIES)
We and our third party service providers use "cookies" and other automated tracking technology to monitor and collect Information regarding your interaction with the Platform. "Cookies" include commonly used pieces of information in the form of small files that are placed on an individual's computer or mobile device to allow us to recognize your computer or mobile device.
ACCESS, REVIEW AND UPDATE OF INFORMATION
While HouseCheck takes reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete and current, we rely on you to update and correct your Personal Information. You may use the Platform or contact us as described above to review, delete, update or change contact, financial and account information received, collected or obtained by HouseCheck. SECURITY
HouseCheck is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100 percent effective and we cannot guarantee that your Information will be secure in all situations. We will nonetheless take all reasonable and appropriate steps to ensure the safety and security of your Personal Information. This includes using at least industry standard security measures to protect the loss, misuse and unintended alteration of the Personal Information under our control. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
TRANSFER OF INFORMATION
If HouseCheck elects, in its reasonable discretion, to transfer ownership or control of a Site or Application to a third party, whether or not in the context of an acquisition, merger or reorganization, you consent to the transfer of your Information (both Personal and Non-Personal) by HouseCheck to that third party, provided that all use and sharing of your Information by that third party remains subject to the terms of this Policy and any applicable changes.