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Terms of Use of the
Heimer® Engineering, P.C. Web Site

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1. The Heimer® Engineering, P.C. web site (hereinafter "WEB SITE") is a free service offered by Heimer® Engineering, P.C. (hereinafter "HEIMER").  The WEB SITE must be used according to these terms of use (hereinafter "TERMS OF USE").
2. Copyright © 1997-2008 Heimer Engineering, P.C.  All rights reserved.  The text, graphics, artwork, and code are the property of HEIMER and/or are used under license and/or are in the public domain.  Except as provided in the TERMS OF USE, no license or right, express or implied, is granted to any person or entity under any copyright, trademark, or other propriety right.  HEIMER grants a limited right to use the WEB SITE provided that the WEB SITE is not modified in any way and is used for informational and/or educational use and HEIMER's copyright notice appears on every page.
3. The WEB SITE is accessible using the URLS www.heimer.com, www.professional-engineer.com, www.inspection-engineers.com, www.home-inspection-ny.com, www.building-inspection-ny.com, or any other URL owned or operated by HEIMER.  These TERMS OF USE apply regardless of the URL used to access the WEB SITE.
4. You may only use the WEB SITE for legal purposes.
5. HEIMER shall not be responsible for any errors or omissions contained at the WEB SITE.  The services, all information at the WEB SITE and all third party information is provided "as is", with no warranties or guarantees whatsoever.  All express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law.  HEIMER disclaims all warranties with regard to the information (including any software) provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. In no event shall HEIMER, their agents, employees, subcontractors, and stockholders (personally), be liable for any damages whatsoever, and in particular HEIMER, their agents, employees, subcontractors, and stockholders (personally), shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, (even if HEIMER, their agents, employees, subcontractors, and stockholders (personally), have been advised of the possibility of such damages) arising out of or related to any WEB SITE or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise (including such damages incurred by third parties).
7. HEIMER uses its best efforts to maintain the WEB SITE, but is not responsible for the results of any defects that exist in the WEB SITE, or any resulting lost profits, loss of revenue, or loss of use, or other consequential damages.  You should not assume that the WEB SITE or its content are error-free or that the WEB SITE will be suitable for the particular purpose that you have in mind when you accessed the WEB SITE.  HEIMER may, at its sole discretion and at any time, modify or discontinue the WEB SITE limit, terminate or suspend your use of or access to the WEB SITE and/or make changes to the TERMS OF USE.
8. Nothing at the WEB SITE shall be construed as conferring any license under any of HEIMER's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
9. Any information provided to HEIMER in connection with the WEB SITE shall be provided by the submitter and received by HEIMER on a non-confidential basis. HEIMER shall be free to use such information on an unrestricted basis.  All such information becomes the property of HEIMER with no further recourse to the submitter.
10. A partial list of the HEIMER Trademarks appears below.  HEIMER prohibits the use of the HEIMER logo in a link to the WEB SITE unless the establishment of such a link is first approved by HEIMER.  All information at the WEB SITE is protected by the copyright laws of the United States of America, as well as all applicable international copyright laws.
11. The World Wide Web changes constantly and no human being can possibly keep track of all changes to sites accessible on the World Wide Web.  As a result, HEIMER cannot and does not guarantee that the outside links (hereinafter "LINKS") contained at the WEB SITE accurate.  HEIMER cannot and does not guarantee that LINKS contain the same information that was present when HEIMER added the LINKS to the WEB SITE.  Use the LINKS at your own risk.  Moreover, the LINKS are developed by persons over whom HEIMER exercises no control.  Accordingly, HEIMER assumes no responsibility for the content of the LINKS.
12. HEIMER has no control of the order you choose to access the links at the WEB SITE.  HEIMER has no control over any site that chooses to link to the WEB SITE.  HEIMER has no control over errors that may occur in the transmission of any page of the WEB SITE over the world wide web.  Therefore, you may incorrectly interpret the contents of the WEB SITE for reasons completely beyond HEIMER's control.  HEIMER assumes no liability for any incorrect interpretation of the WEB SITE.
13. To the best of HEIMER's knowledge, there are no LINKS containing inaccurate information.   To the best of HEIMER's knowledge, there are no LINKS to any adult sites.  However, HEIMER has no control over changes made to the LINKS.  If you should find any LINKS inaccurate, inappropriate, or otherwise unacceptable, please notify HEIMER by sending email to hkrongelb@heimer.com..  If any LINKS are found to lead to adult sites, please notify HEIMER by sending email to hkrongelb@heimer.com.
14. The WEB SITE provides free general information.  However, the WEB SITE is not a substitute for an evaluation and professional opinion from a Licensed Professional Engineer or a Registered Architect.  Therefore, you are specifically prohibited from using any information at the WEB SITE as a basis for deciding on the purchase of a home, building, dwelling unit, condominium unit, or cooperative unit, to decide on a needed repair, to make an alteration to your property, to enter into any contract, to undertake any expense, or to make any commitment.
15. Since the WEB SITE includes generalized areas of inspection or investigation, no real inspection includes everything that HEIMER has included in the WEB SITE.  Just because something is listed in the WEB SITE does not oblige HEIMER to check that particular item.  The Licensed Professional Engineer that performs the inspection will decide how to conduct the inspection based on the conditions at the site and the information provided at the time the order is placed.
16. Nothing at the WEB SITE constitutes an offer.  Prior to performing an inspection, you will have to sign a Contract for Pre-Purchase Inspection of a Dwelling, Contract for Pre-Purchase Inspection of a Building, Contract for Engineering Consultations, Contract for Litigant and Claimant Services, and/or Supplemental Agreement Regarding Radon Canisters.  (You can view a printable version of the Contract for Pre-Purchase Inspection of a Dwelling, Contract for Pre-Purchase Inspection of a Building, Contract for Engineering Consultations, Contract for Litigant and Claimant Services, and/or Supplemental Agreement Regarding Radon Canisters.  (You need the Adobe® Acrobat® Reader™, at least version 7.0, which can be downloaded for free at http://www.adobe.com/products/acrobat/readstep.html.)  You will also find additional disclosures of limitations in the inspection report issued based on the inspection.  Prior to ordering the inspection, please review the appropriate contract by clicking on the appropriate hyperlink.  You should also ask your attorney to review the contract.  These contracts disclose the limitations of any inspection.
17. These TERMS OF USE shall be construed and enforced as a contract in accordance with the laws of State of New York located in the United States of America.
18. All Notices regarding WEB SITE shall be sent to HEIMER at 2171 Jericho Turnpike, Suite 230, Commack, NY 11725-2947, and not to any other address.  The venue for any litigation is mutually agreed to be the state or county courts located in Nassau County in the State of  New York in the United States of America.
19. If any provisions (or provision clauses) of these TERMS OF USE shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions (and provision clauses) shall not in any way be affected or impaired thereby.
20. These TERMS OF USE can only be modified by a written consent agreement duly signed by persons authorized to sign it.
21. There is a link to the TERMS OF USE on every public page at the WEB SITE.  Therefore, you had the opportunity to review the TERMS OF USE prior to accessing pages at the WEB SITE.  By accessing or using the WEB SITE, you agree to all of the TERMS OF USE.

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This web site is best viewed with at least Microsoft® Internet Explorer version 7.0 or Mozilla Firefox 2.0.  Other web browsers may not display this web site properly.  Heimer Engineering's Licensed Professional Engineers are ready to serve your home inspection, building inspection, coop inspection, and condominium inspection needs.  All Heimer Engineering's Licensed Home Inspectors are also Licensed Professional Engineers.  HEIMER®, HEIMER INSPECTIONS®, FOR A GOOD LOOK®, WE LOOK GOOD®, and HEI-LITE® are registered trademarks of Heimer Engineering PC.

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This page was last reviewed on October 31, 2008.
Copyright © 1997-2008 Heimer® Engineering PC  All rights reserved.
Heimer Engineering PC, 2171 Jericho Turnpike, Suite 230, Commack, NY, 11725-2947