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LEMON SQUAD TERMS AND CONDITIONS
Please read the following terms and conditions carefully. These terms and conditions are a contract between you with Juniper Inspections, LLC (doing business as "Lemon Squad"). By visiting our website at www.lemonsquad.com or ordering an inspection with Lemon Squad, you are agreeing to be bound by these terms and conditions. The rights and obligations in your agreement with Lemon Squad are personal to you, and not transferable to another party. Both purchasing online or by phone will indicate that you agree to be bound by the terms of this agreement.
- 1. Nature of Lemon Squad Inspections When you place your order with Lemon Squad, you are hiring us to evaluate the overall condition of the designated vehicle, based on what our inspectors can subjectively observe when they see it. Lemon Squad inspectors do not use hoists or tools or dismantle the vehicles. The Lemon Squad service is a visual inspection of all reasonably accessible items only, and some problems may not be observable during the inspection. The Lemon Squad inspector will attempt to test drive the vehicle, but if this is not feasible, a test drive will not be conducted. Once the inspection is completed, you will receive a hyperlink to the inspector's report, along with a package of photographs of the vehicle.
- 2. Lemon Squad Service Limited to Inspection Lemon Squad performs inspection services only. Lemon Squad is not affiliated with the seller of the vehicle and does not take a position on whether you should, or should not, purchase the vehicle. Lemon Squad does not verify that the seller has the legal right to sell the vehicle. Lemon Squad is not responsible for any representations made by the seller or any other party.
- 3. Vehicle Remains "As Is" Because the vehicle being inspected is a "used" vehicle, you agree that, even after inspection, you will be purchasing the vehicle in an "as is" condition, unless otherwise warranted by the seller. Because a vehicle's condition may change between the time the inspection is conducted and the actual purchase of the vehicle, we recommend having the inspection completed as close in time to the purchase as possible. The Lemon Squad report shall not be construed as a substitute for any safety and/or emissions inspection that is required by applicable state laws. The Lemon Squad inspection also does not act as a warranty or as an insurance policy on the vehicle's condition nor does Lemon Squad or its services extend or affirm any warranty on the vehicle issued by or provided by the seller. You agree that you are responsible for all repairs or any costs associated with owning and maintaining a vehicle.
- 4. Factors Affecting Inspections Lemon Squad inspections may be affected by weather and light conditions, as well as the cleanliness of the vehicle, both inside and out, at the time of the inspection. Many external factors, beyond our control, can reduce the accuracy of the inspection, making things such as repainting and body work difficult to detect with the naked eye. For the most accurate inspection report, the vehicle must be clean, dry and situated in well-lit location at the time of inspection. However, Lemon Squad does not agree to take any steps or actions affecting the vehicle's condition at the time of the inspection. Lemon Squad strongly suggests that you contact the seller and make all necessary accommodations to insure that the vehicle is as clean as possible and available in a suitable location for an inspection.
- 5. Resolution of Disputes - Arbitration
- (i) Any controversy or claim arising out of or relating to these terms and conditions, or the breach thereof, or any disputes or claims relating to inspections provided by Lemon Squad shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall occur at a location of Lemon Squad's choosing in Minneapolis, Minnesota. The parties shall pay their respective costs and expenses of arbitration. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Lemon Squad's intellectual property rights, Lemon Squad may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.
- (ii) Litigation, Applicable Law, and Waivers To the extent any claim is not governed by the arbitration terms above, you agree that any action relating to this agreement or Lemon Squad's services, shall be construed under the laws of the State of Minnesota, and that any such action shall be instituted and prosecuted in either the federal or state courts located in the County of Hennepin, State of Minnesota. Both you and Lemon Squad waive the right to seek a change of venue. Both you and Lemon Squad waive the right to a jury trial in any such litigation.
- 6. LIMITATION OF LIABILITY ALL SERVICES FROM LEMON SQUAD ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES IN THE SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT LEMON SQUAD'S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE LEMON SQUAD INSPECTION IN THE EVENT YOU ARE DISSATISFIED WITH LEMON SQUAD'S SERVICE, OR INJURIES OCCUR DUE TO AN UNREPORTED DEFECT IN THE VEHICLE.
IN NO EVENT SHALL EITHER LEMON SQUAD OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- 7. Cancellation Once your order is placed, all sales are final. Lemon Squad may decline to undertake the requested inspection, in which case your prepaid inspection fee will be promptly refunded. However, you cannot cancel your order for a refund.
- 8. Unforeseeable Circumstances You agree that if Lemon Squad is prevented from the performance of the inspection or report due to circumstances or causes beyond its control, such as computer malfunctions, restrictive laws or regulations, labor disputes, or acts of God, Lemon Squad is excused from further obligations. Lemon Squad, in its sole discretion, may cancel such an inspection.
- 9. Refund Policy after Inspection Report If you believe there are inaccuracies in the inspection report, you must submit them to us (emailed to firstname.lastname@example.org) within fourteen (14) days for consideration of a refund, include pictures and specific details addressing the issue(s). Due to the complex mechanical nature of automobiles and factors that may affect their continued performance, all submissions must be received by Lemon Squad within fourteen (14) days of the report being delivered to you.
- 10. Endorsements Links provided from our website, LemonSquad.com, to another website, are not endorsements unless we expressly say so.
- 11. Taxes The listed inspection price on our website does not include sales, use, excise or any other applicable taxes. Such taxes, if any apply, shall be added to the cost of our service.
- 12. Contact Information All notices, or other communications shall be in writing and shall be deemed duly given and received by Lemon Squad (i) seven days after being sent by certified or registered mail return receipt requested, postage and charges pre-paid; (ii) one business day after being sent by express overnight delivery by a national carrier; (ii) upon being transmitted by facsimile to the party to whom it is directed (sender must retain confirmation copy indicating that the facsimile was received by the party to whom it is directed; or (iv) if by email, upon actual receipt. All communication to you shall be addressed to your address as listed in the Lemon Squad Inspection Order Form. All communication to Lemon Squad shall be addressed to team @LemonSquad.com or the address set forth in the Contact Us section of our website: LemonSquad.com.
- 14. Communications with Inspectors You agree to communicate only with Lemon Squad about the your inspection and to not contact any inspector directly. If you attempt to contact the inspector without Lemon Squad's consent, or attempt to remove Lemon Squad from the inspection process, Lemon Squad has the right to cancel the inspection and keep your payment.
- 15. Other State Laws Some states do not allow the limitation, exclusion or disclaimer of implied warranties or incidental and consequential damages, so the limitations or disclaimers in this agreement may not apply to you.
- 16. Severability If any section of this agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality and enforceability of the unaffected remainder of such section and the remainder of the agreement shall continue in effect.
- 17. No Third Party Inspections By purchasing a Lemon Squad inspection, you are agreeing that you purchasing the inspection for your own use and will not resell the inspection to third parties or use the inspection other than for your own evaluation of the vehicle being inspected.
Revised: August 20th, 2019
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