TERMS AND CONTITIONS FOR VIRTUAL CALLS
By checking our Terms & Conditions box on the checkout page and paying the up front fees, Customer agrees the following terms and conditions will govern TVE, LLC’s (“TVE”) services provided by virtual call and shall constitute the agreement between the parties (“Agreement”). Customer agrees and understands TVE is not an inspector, insurer or guarantor against any defects in the structure, items, components or systems TVE is requested to review. Customer agrees and understands TVE is providing recommendations based solely on a limited, virtual, visual review of conditions readily accessible installed systems and components of the property. Latent and concealed defects and deficiencies are excluded. TVE makes no warranty, express or implied, as to the fitness for use, condition, performance or adequacy of any existing structure, item, component, or system in place during the virtual call. TVE’s services are performed for the sole and exclusive benefit of the Customer and no other person or entity. TVE will not be liable to Customer or any other party for any damages, whether actual, direct, incidental, or consequential arising hereunder, including, but not limited to, damages arising from: the use, loss of use, or performance of Customer’s structure, items, components or systems caused by accident, misuse, disaster, abuse, neglect, alterations, or by repairs or parts not provided by TVE; failure of Customer to maintain the structure, items, components or systems; use by Customer other than as intended; or any damage resulting from any accident, neglect, alterations, improper use or misuse by non-TVE personnel, or any other causes beyond the control of TVE.
In the event that any person, not a party to this Agreement, makes any claim against TVE, its employees or agents, arising out of the services performed by TVE, the Client agrees to indemnify, defend, and hold harmless TVE from any and all damages, expenses, costs, and attorney fees arising from such a claim. Customer further agrees that TVE, its officers, agents or employees limitation of liability for errors, omissions or any claim of breach of contract, any negligence, fraud or misrepresentation, or any other claim from or related to this agreement is limited and fixed to a refund of the fee paid to TVE for the virtual call. Any legal action or proceeding of any kind, including those sounding in tort or contract, against TVE must be brought within one (1) year of the date of the virtual call or will be deemed waived and forever barred. In any dispute the prevailing party shall be entitled to recover its attorneys fees, expert fees, and costs from the non-prevailing party. If any provision of the Agreement is deemed unenforceable by a court or arbitrator, it is the intention of the parties that such provision shall be enforced to the extent that the court or arbitrator determines to be reasonable, and the unenforceability of such provision shall not render the remaining provisions unenforceable.