We Inspect Terms & Conditions
The following terms and conditions are entered into by and between We Inspect LLC (“Company”) and you, the client (“Client”). By using the services of Company, Client acknowledges and agrees to the following terms and conditions governing the services provided by Company.
SERVICES
Services: Client hereby retains Company to provide the Services as set forth in this Agreement and any applicable statements of work (“Statements of Work”), which are incorporated by reference herein.
Payment for Services: Client agrees to pay Company for all fees, expenses, and other amounts set forth in the Statements of Work, upon the terms set forth therein, without any offsets, deductions, or withholdings. Deposits paid prior to scheduling are governed by the Deposit Validity & Refunds (Pre-Scheduling) section.
Inspection Service Fee: The Inspection Service Fee (“Service Fee”) is required to secure a site visit with the Company. This fee covers the cost of travel to the inspection site and other associated expenses. Please note that the Inspection Service Fee does not include the cost of any samples collected during the inspection process.
A Service Fee can only apply to one specific property and its associated inspection appointment. Any subsequent visit to the property is considered a new inspection and will always incur a new Service Fee regardless of prior inspections. Separate structures, units, or dwellings on the same property which exceed 400 square feet may be subject to an additional Service Fee at the Company’s discretion. The Company reserves the right to cease providing any services, including new inspection services or site visits, without fault or penalty, until any such fees have been paid in full.
The Service Fee includes a Pre-Inspection Zoom Call (30 minutes), Property Inspection, and Inspection Review Zoom Call (up to 1 hour) only. An Inspection Report and Report Review Call (up to 1 hour) are provided only when a sample plan is approved and paid for by the Client. Any additional consulting time beyond the allotted time outlined above is available to book by the hour at an hourly rate.
Post-remediation inspection and verification services are not included in the initial Service Fee and can be booked separately with their own service and sampling fees.
Payment Methods: All payments are carried out online through 3rd party payment processing systems. Transactions for the Company are carried out by default through ACH payment links (bank transfer) or credit card. Credit card payments may be subject to a 3.5% processing fee.
Physically mailed checks can be accepted for payment in some instances. An inspection cannot be scheduled until the check is received and deposited without issue. Checks must be mailed to our home office: 12651 High Bluff Dr., Suite 130, San Diego, CA 92130. Financing is available through 3rd party financing partners. Financing is subject to approval by the 3rd party financing partner.
Approvals, Attendance & Balances: All parties involved in financial decisions must be readily available on a computer with internet access for all scheduled calls including the Pre-Inspection Zoom Call and Inspection Review Zoom Call. If all parties are not in attendance on the calls, the calls must be rescheduled and the Inspection Service Fee will be subject to forfeiture. Accommodations can be made in accordance with the ADA.
Balance Due; No Release Prior to Payment: Samples will not be sent to laboratories and an inspection report will not be delivered until the total balance is paid. Failure to pay the full balance of the approved sampling plan within fourteen (14) days from the Inspection Review Zoom Call will result in samples being discarded and the Service Fee will be forfeited. Once samples are discarded, any new testing and sampling will be subject to a new Service Fee.
DEPOSIT VALIDITY & REFUNDS (PRE-SCHEDULING)
This section applies only to Deposits made prior to scheduling an inspection date. Once inspection dates have been scheduled and confirmed, all refund and credit eligibility under this section shall cease, and the Inspection Cancellations and Rescheduling policy shall immediately apply.
Scheduling Window: Client must complete a Scheduling Call and secure dates for the Pre-Inspection Zoom Call, Inspection Site Visit, and Inspection Review Zoom Call within six (6) months of the Deposit date (the “Scheduling Window”). Failure to do so will result in expiration of refund eligibility and may result in forfeiture as defined below.
All-Inclusive Inspection Packages: The following refund and credit terms apply only to Deposits made prior to scheduling an inspection date for all-inclusive pre-paid Inspection Packages:
- 0–48 Hours from Deposit (“Cooling-Off Period”): 100% refundable, less $250 per air purifier unit if units have already been purchased or allocated to the Client’s project.
- >48 Hours – 120 Hours (2–5 Days) from Deposit: Refundable less a $1,000 cancellation fee plus $250 per air purifier unit, if applicable.
Inspection Service Fees: The following refund and credit terms apply only to Deposits made for Inspection Services to be completed, including but not limited to, Deposits in the amount of $995, $1,495, $1,995, and $2,495. All Inspection Service Fee Deposits carry an automatic $150 non-refundable processing fee at the time of the transaction.
Non-Refundable Window: After a period of five (5) days has transpired, the following terms govern all refund and credit eligibility for Deposits made prior to scheduling an inspection date whether the Deposit was made for an All-Inclusive Package, an Inspection Service Fee, or other Inspection Service offers as determined by the Company:
- >120 Hours – 6 Months from Deposit: Non-refundable; however, the total amount may be credited one time toward a future inspection if scheduled within twelve (12) months of the original Deposit date.
- >6 Months from Deposit: Non-refundable and fully forfeited; no refund or credit remains, unless otherwise required by law.
Once inspection dates have been scheduled, this policy no longer applies and the Inspection Cancellations and Rescheduling policy governs all refunds and credits thereafter.
Credit Use (If Applicable): Credit may be applied one time toward a future inspection scheduled within twelve (12) months of the Deposit date. Credit is non-transferable, non-assignable, and not redeemable for cash. If the chosen Services exceed the credit, Client shall pay the difference at the time of scheduling. If Services are later cancelled after dates are scheduled, the Inspection Cancellations and Rescheduling policy shall apply; any remaining credit will first be applied toward fees owed under that policy.
Price Adjustments: If the Client applies a Deposit or credit toward Services after any change in Company pricing, service structure, or availability, the following shall apply:
- Upward Adjustments: If the current price of the selected or most similar Service (as reasonably determined by the Company) exceeds the original Deposit amount, the Client shall pay the difference at the time of scheduling.
- Downward Adjustments: If the current price of the selected or most similar Service is lower than the original amount paid, no refund, credit, or price adjustment shall be provided. The Client’s payment shall be applied in full toward the rescheduled or equivalent Service, and any difference in value shall be deemed fully earned by the Company.
- Company Determination: The Company reserves the right, in its sole and reasonable discretion, to determine which current Service or package is most similar to the original purchase when applying any Deposit or credit after a change in service offerings, scope, or pricing.
Good-Faith Contact Attempts: Before forfeiture of a Deposit or credit, the Company will make reasonable, good-faith attempts to contact the Client through one or more communication methods on record (including but not limited to phone call, text message, or email). Failure to receive or acknowledge such communication shall not extend any deadlines or refund eligibility periods under this Agreement.
Financing & Chargebacks: Deposits made via third-party financing are additionally subject to the financing provider’s terms. Initiating a chargeback in violation of this Agreement constitutes a breach; Client remains responsible for all fees, costs, and any reversal of a refund paid in error.
No Waiver: The Company’s election to extend a deadline, offer a courtesy reminder, or provide an accommodation in one instance does not waive or modify the terms of this policy for any other Client or instance.
SCHEDULING
Bookings: If you are interested in booking an inspection, notify the Empowerment Team of your decision to move forward by sending an email to hello@yesweinspect.com. An email with directions to execute your service agreement and submit your Service Fee will be sent to you, as outlined in our Payment Policy above. The All-Inclusive Inspection Package or Inspection Service Fee must be paid in full before an inspection can be scheduled. Refunds and deadlines for deposits paid before scheduling are governed by the Deposit Validity & Refunds (Pre-Scheduling) section.
Inspection Lead Times: All lead times are estimates only and, under no circumstances, will the Company or its employees guarantee any schedule for services for (or within) any specific time period. Discussions about lead time should never be construed as a scheduled inspection date.
Inspection lead time for any appointment is subject to change based on demand and availability. Lead time can range from as little as 1–2 weeks in advance to as high as 6–8 weeks in advance or higher.
Estimates on lead time can change in a matter of hours or days. It is the Client’s responsibility to book an inspection date immediately following Service Fee or All-Inclusive Package payment or obtain the current lead time for their service area if significant time has passed since last communication with the Company.
Current lead time can be provided by contacting the Empowerment Team at hello@yesweinspect.com.
Scheduling:
After successful payment of a Deposit for Inspection Services or an All-Inclusive Inspection Package, you will be contacted by the Scheduling Team to set up your inspection date. The purpose of the Scheduling Team is to secure the specific dates and times for your inspection appointment (i.e., 2 video meetings and one site visit).
Scheduling, whether via text, email, or phone call, takes between 5–10 minutes to complete. By default, the Scheduling Team will be prepared to offer the earliest dates available for your area unless otherwise directed by previously expressed scheduling preferences.
Scheduling is considered complete if the dates and times for all steps of the inspection appointment (Pre-Inspection Zoom Call, Inspection Site Visit, Inspection Review Zoom Call) have been finalized by the conclusion of the scheduling engagement. The Company cannot schedule piecemeal and must schedule all of these steps at the same time.
To ensure a streamlined scheduling process, please be prepared with full understanding of availability for all decision makers involved with the inspection process, including mornings and evenings. The Company reserves the right to cancel or postpone the inspection and associated calls if all decision makers are not present on the calls and participating in our process.
The Pre-Inspection Zoom Call shall be conducted prior to the arrival of the inspector at the Client’s property, before or on the scheduled inspection date. If a Client is unable to attend their scheduled Pre-Inspection Zoom Call, the Company reserves the right to cancel or postpone the inspection.
On the inspection date, the arrival window for the site visit is 8am–11am local time, pending travel. Your Field Inspector will contact you via text message before your inspection with a more precise estimated time of arrival and any further instructions needed.
The Inspection Review Zoom Call shall be conducted one to three days following the inspection date. These are estimated timeframes and are subject to change based on, among other things, the Company’s availability. If a Client is unable to attend their scheduled Inspection Review Zoom Call, the Company reserves the right to discard samples collected during the inspection.
Failure to complete and secure inspection dates within the Scheduling Window defined in the Deposit Validity & Refunds (Pre-Scheduling) section may result in partial or full forfeiture of the Deposit, in accordance with that policy.
Requests to reschedule any appointments can be made by contacting the Scheduling Team.
Inspection Report: The anticipated turnaround time for lab results and the Inspection Report (“Report”) from the investigation is 4 weeks from the date that the full balance is paid for the approved sampling plan. Specific sample results and/or findings from the investigation will not be discussed or disclosed prior to the release of the Report. Delayed payment will result in delayed results and the Report.
Samples can be expedited for an additional fee to receive inspection results and Report in approximately 2–2.5 weeks from the date of sampling plan payment. All samples collected from an inspection must be expedited in order for a project timeline to be reduced from 4 weeks to 2–2.5 weeks. Associated fees for expediting samples can be reviewed with the Consultant during the Inspection Review Zoom Call.
The Company is not responsible or liable for any delays outside of its control, including but not limited to its reliance on the services of third parties (including testing labs). In no event will the Company be liable as a result of any such delay, nor shall it incur any further obligation as a result of such delay. The Company is not responsible for any samples that are lost, damaged, or delayed while in transit or outside of the Company’s control or possession. Nor shall the Company be liable for any damaged, contaminated, or compromised samples.
INSPECTION CANCELLATIONS AND RESCHEDULING
This section applies only after an inspection date has been scheduled. Refunds prior to scheduling are governed by the Deposit Validity & Refunds (Pre-Scheduling) section.
Cancellation Policy: Clients may cancel their scheduled inspection under the following conditions:
(a) Cancellation More Than Five (5) Days Prior to the Scheduled Inspection Date: If a cancellation request is received more than five (5) calendar days prior to the scheduled inspection date, a $1,000 cancellation fee shall apply, plus $250 per air purifier unit ordered, if applicable to the Client’s selected All-Inclusive Package. The total amount shall be deducted from any refund due.
(b) Cancellation Within Five (5) Days of the Scheduled Inspection Date: If a cancellation request is received within five (5) calendar days of the scheduled inspection date, a $2,000 cancellation fee shall apply, plus $250 per air purifier unit ordered, if applicable to the Client’s selected All-Inclusive Package. The total amount shall be deducted from any refund due.
Rescheduling Policy: Clients may reschedule their scheduled inspection under the following conditions:
(a) Rescheduling More Than Five (5) Days Prior to the Scheduled Inspection Date: If a rescheduling request is received more than five (5) calendar days prior to the scheduled inspection date, no rescheduling fee shall apply.
(b) Rescheduling Within Five (5) Days of the Scheduled Inspection Date: If a rescheduling request is received within five (5) calendar days of the scheduled inspection date, a $1,000 rescheduling fee shall apply and must be paid prior to confirming the new inspection date.
COMMUNICATION
Outbound Communication Channels: The Company utilizes a variety of communication channels to communicate with Clients, including but not limited to: email, phone calls, SMS messaging, video conferencing, calendar events and download links. In order to work with the Company, Clients are required to have a reliable means of communicating through these channels. Communication across all channels may be monitored and recorded for quality and training purposes. Failure to respond in a timely manner may result in delays, discarding of samples, or forfeiture of monies paid.
All documentation produced by the Company including reports, sample results, and other relevant findings are provided digitally via email and download links. Printed copies of the Report and associated documents will not be sent to the Client and are not available for purchase.
The Company may use any variation of recorded communication in connection with its marketing and promotional activities in the ordinary course of business; provided, however, that the Company will not disclose or publish any material containing personal, sensitive, or identifying information.
Inbound Communication Channels: Email is the most reliable communication method for contacting We Inspect and the preferred channel for questions and non-urgent matters. Anyone may contact We Inspect anytime by emailing hello@yesweinspect.com.
Third-Party Representatives: The Company does not work with Clients by proxy. All necessary discussions, approvals, and payments for our services must occur directly between the Company and the Client for that appointment. Clients may not designate third parties to act on their behalf for any part of the inspection process, including but not limited to: landlords, attorneys, doctors, remediators, contractors, employees, or family members. The Company will not be liable for any failures or delays in the services as a result of its inability to communicate directly with the Client. Delays may result in samples being discarded and forfeiture of monies paid.
Except as provided for herein, all information resulting from our inspection process is confidential between the Company and the Client. The Company will not disclose or discuss results from an inspection with any third parties without written authorization from the Client. If a Client wishes to authorize disclosure or discussion of inspection results with a third-party, please contact consults@yesweinspect.com providing authorization that includes the third-party individual(s) name, email, phone number, and relationship to the Client.
Consulting time with third-party individuals outside of the scheduled calls included in the Service Fee or sample plan is available to book by the hour at an hourly rate. The Company reserves the right to charge hourly for reviewing documentation with third parties.
Use of Inspection Findings: The Company may use, disclose, and share any material produced as a result of the inspection process including but not limited to pictures, videos, and sample results for use in publicly available produced content such as social media and blog posts. The Company will not disclose or publish any material containing personal, sensitive, or identifying information.
CLIENT TERMS & CONDITIONS
Release from Liability: The Company is a mold inspection company – although a remediation plan is provided, remediation services are not. All services provided are professional opinions only and are solely based on the scope of work. The Company shall not be responsible for any fees, direct or indirect, or consequential damages arising from the use of services. Services are provided “as is” without any warranty of any kind, either expressed or implied, and the Company makes no representations, warranties, statements, or guarantees except those expressly stated herein.
Further and irrespective of the sampling chosen and remediation strategy utilized: Mold is a type of fungus occurring naturally in the environment, found everywhere life can be supported, and spread by means of microscopic spores borne in ambient air and wind. Good housekeeping and maintenance practices are essential to prevent or avoid the recurrence of mold growth. If moisture is allowed to remain on a medium, mold and bacteria can develop or reoccur within 24 to 48 hours, no matter how sophisticated and successful the sampling and remediation techniques employed.
Preparation for Inspection: Client is required to prepare all areas for inspection. The Company is not responsible for accessing, testing, or inspecting any areas which are not easily accessible or which appear to create any health, safety, or security risk.
All contents should be removed from areas the Client wants inspected including, but not limited to, underneath all sink cabinets, closets or storage areas, and other areas that pose a concern for the Client prior to the inspection.
Inspections and testing are limited to areas that can be physically accessed, observed, and sampled. The Company is not responsible for moving personal items, furniture, appliances, or altering any conditions that prevent access to specific areas. It is the Client’s responsibility to ensure that all areas to be inspected are cleared of any obstructions prior to the inspection day, as the Company does not move personal items for liability reasons. If an area is obstructed by personal belongings, furniture, appliances, heavy equipment, building finishes, or is otherwise physically inaccessible (e.g., confined crawl spaces or attics), the Company may be unable to inspect or test those areas.
No other service professionals or companies conducting high-impact activities should be present on-site during the inspection. This includes trade companies (e.g., plumbers, cleaners, contractors, remediators) or any disruptive activities (e.g., construction, chemical treatments).
If the property has elevated, hard-to-reach areas requiring a ladder for inspection, the Client must provide an A-frame ladder for the Field Inspector’s use. If the area is unsafe for ladder access or too high, the Field Inspector may decline to inspect it without liability. Field Inspectors will not access building roofs.
Impact on Property: While the inspection process is generally non-destructive and non-intrusive, the Company reserves the right to perform tasks that may cause minor alterations or damage to the property during the investigation. This may include drilling holes for targeted sampling or disassembling components of ventilation systems (e.g., HVAC units) for closer examination. The Company is not liable for any property damage caused during the inspection, nor is it responsible for performing maintenance, repairs, or any other work on the property, equipment, systems, or appliances.
Insurance: At all relevant times under this Agreement, Client is required to maintain in force adequate insurance policies (including but not limited to home insurance) with good-grade insurers, with policy limits sufficient to protect and indemnify Company, its affiliates, and each of their officers, members, shareholders, directors, agents, employees, subsidiaries, partners, contractors, controlling persons, and successors and assigns, from any losses resulting from any damage or injury to persons or property in connection with the Services or this Agreement. Client will provide a certificate of insurance verifying such insurance upon request, which certificate will indicate that such insurance policies may not be canceled before the expiration of a thirty (30) calendar day notification period, and that Company will be immediately notified in writing of any such notice of termination.
Site Access: Client shall provide Company, and any third parties authorized to assist Company in connection with the Services, access to the project site(s) (or any other locations reasonably requested by Company) in connection with the Services.
Health, Safety, and Security: Client agrees to fully, completely, and accurately disclose any and all known, suspected, or anticipated health, safety, or security risks to Company or any other party acting on its behalf. This includes any hazardous working conditions, known or suspected exposures to COVID-19 or other airborne or communicable virus or disease, or any other circumstance or condition that may expose any personnel on-site to risk of personal injury or property damage.
Health and Medical Information: The Company is committed to offering accurate and valuable information to help Clients understand how indoor air quality issues may impact health. However, as an inspection company, any information we provide—whether during the inspection process or otherwise—should not be construed as medical advice. We do not offer diagnoses or treatment recommendations for specific health conditions or symptoms. For any personal health concerns, we strongly recommend consulting a qualified medical professional who can provide appropriate guidance and care.
Service Fee Forfeiture & Refusal of Service: In addition to any other remedies available by law, Clients who fail to respect the policies and integrity of the Company’s inspection process and its employees are subject to Inspection Service Fee forfeiture, meaning loss of balance without application towards future inspection appointments.
We Inspect reserves the right to refuse service to anyone, regardless of prior work history or expressed need for our services.
Reports and Documentation: Approved sample plans include a Report with photos, inspection comments, and remediation recommendations for areas where samples were collected and paid for by the Client. The Report and lab results are provided via email through downloadable links. The Report from the Company is final and cannot be altered or redacted for property sales or other Client requests.
No remediation recommendations will be provided for areas without collected samples or where the Client declined sampling. If all samples are declined, no report will be provided. Should a report be requested without approved samples, a report generation fee will apply. Additional documentation beyond the Report, lab results, and remediation summary can be provided for an additional fee based on hourly rates.
Information Ownership and Usage: By using our Platforms or purchasing any of our Services or Products, you acknowledge and agree that any information collected by the Company is the sole property of the Company. We retain all rights to this information, including the right to distribute and utilize it at our discretion. The collected information may be used for various purposes, such as improving the Platform, responding to inquiries, and conducting data analysis. We may share this information with third-party service providers who adhere to confidentiality measures. Anonymized and aggregated data may be shared publicly. By using the Platform, you consent to the collection, processing, and usage of your information as outlined in this clause.
ZERO-RISK PROMISE DISCLAIMER
Limitations of the Promise: This Zero-Risk Promise shall apply solely and exclusively to Clients who have purchased an All-Inclusive Inspection Path, and only to the first comprehensive inspection conducted at a property by We Inspect, LLC (the “Initial Inspection”). The Zero-Risk Promise shall not apply to, and is expressly excluded from, any post-remediation inspections, re-inspections, follow-up inspections, partial inspections, limited inspections, or any subsequent inspections or site visits of any kind, regardless of purpose, scope, or timing.
Definition of “Contamination Findings”: For purposes of the Zero-Risk Promise (“Results Guaranteed, or Pay Nothing”), a “Contamination Finding” shall mean any location, surface, material, structure, component, or environmental condition within the inspected property where mold growth, water-damage contamination, or conditions reasonably associated with such contamination are identified. Identification of a Contamination Finding may be established by, without limitation: (i) laboratory testing; (ii) moisture detection equipment; or (iii) the professional judgment of We Inspect, LLC inspectors and consultants, acting in accordance with We Inspect, LLC internal investigation, testing, and interpretation protocols.
Testing Criteria for Contamination Findings: A “Contamination Finding” shall be deemed established if any of the following threshold criteria are met, or if contamination is otherwise identified by We Inspect, LLC through professional judgment exercised in accordance with We Inspect, LLC internal investigation, testing, and interpretation protocols:
Swab Tests: Presence of (a) any mold type with count greater than 99 count/cm²; (b) total hyphal fragments greater than 99/cm²; or (c) Chaetomium, Fusarium, or Stachybotrys at any detectable level.
Air Tests: Presence of (a) any mold type with count greater than 299 count/m³; (b) any mold type with raw count greater than 9; (c) any mold type with count/m³ exceeding established outdoor baseline measurements; (d) total hyphal fragments greater than 99/m³; or (e) Chaetomium, Fusarium, or Stachybotrys at any detectable level.
The Dust Test: Presence of (a) any mold type measuring ≥10-fold higher than reference standards; (b) any sample classified with a Mold Code of 3, 4, or 5; or (c) Stachybotrys chartarum or Chaetomium globosum at any detectable level.
Mycotoxin Tests: A laboratory result of “Present” or “Equivocal” for any mycotoxin type.
Endotoxin Tests: Measured levels above 99 EU/mg.
Actinomycetes Tests: Any of the following scores above the Q1 threshold: Actino Water Damage Score, Actino Human Pathogen Score, or Toxic Cyanobacteria Score.
VOC (Volatile Organic Compounds) Tests: Results in the categories of Building-Related Sources, Mixed Building and Lifestyle Sources, or Lifestyle-Related Sources classified above “Normal” levels.
Formaldehyde Tests: Any result classified above “Normal” levels on the laboratory report.
Moisture Testing: Any area with elevated moisture readings as determined by We Inspect, LLC using company-approved moisture detection equipment and interpretations.
Important Terms and Conditions
Guarantee Scope: The Zero-Risk Promise shall apply solely and exclusively to the identification of mold growth, water-damage contamination, or conditions reasonably associated with such contamination during the Initial Inspection, as defined herein. This Promise shall not apply to, and is expressly excluded from, any post-remediation inspections, re-inspections, follow-up inspections, partial inspections, limited inspections, or any subsequent inspections or site visits, regardless of purpose, scope, or timing.
Testing & Interpretation Protocols: All testing shall be performed using professional methodologies, calibrated equipment, and testing and interpretation protocols developed and maintained by We Inspect, LLC. Reference standards, baseline measurements, and threshold criteria shall be applied strictly in accordance with We Inspect, LLC internal protocols. Final determination of contamination findings shall be made solely and exclusively by We Inspect, LLC under these protocols, and no external standards, guidelines, or third-party interpretations shall apply.
Refund Remedy: If no contamination findings related to mold growth or water-damage contamination are identified during the Initial Inspection, the Client’s sole and exclusive remedy shall be a full refund of inspection fees paid to We Inspect, LLC. Under no circumstances shall this Promise extend to, or be interpreted as covering, any other costs, fees, or damages, including but not limited to: remediation expenses, contractor fees, medical costs, temporary housing or relocation expenses, lost wages, loss of use, emotional distress, diminution in property value, indirect damages, incidental damages, special damages, or consequential damages of any kind.
Client Disclosure: Clients are required to disclose all known or suspected areas of concern, as well as any prior inspection findings or laboratory results, before or during the Initial Inspection. Any contamination findings identified or confirmed by We Inspect, LLC shall count toward fulfillment of the Zero-Risk Promise, regardless of whether such findings were disclosed in advance. If We Inspect, LLC determines, in its sole discretion, that relevant information was withheld, concealed, or materially misrepresented, the Zero-Risk Promise shall be null and void.
Property Access & Exclusions: The Client must provide full and unrestricted access to all areas of the property for comprehensive testing. If access to any portion of the property is limited for any reason — including, without limitation, Client direction, legal restrictions, safety concerns, or physical inaccessibility — the Zero-Risk Promise shall be null and void and We Inspect, LLC shall have no obligation to honor the Promise.
Acknowledgement: By scheduling an inspection, the Client expressly acknowledges, understands, and agrees to these terms and the definition of “Contamination Findings” as set forth herein.
This section is subject to and governed by the General Terms & Conditions contained herein, including but not limited to all disclaimers, indemnifications, and limitations of liability.
ALL-INCLUSIVE INVESTIGATION GUARANTEE
Guarantee Limitations: This Guarantee applies solely and exclusively to Clients who purchase an All-Inclusive Investigation Path (“Eligible Clients”) and shall apply only to the Initial Inspection, defined as the first comprehensive inspection performed at a property by We Inspect, LLC. The Guarantee shall not apply to, and is expressly excluded from, any of the following: post-remediation inspections, re-inspections, follow-up inspections, partial inspections, limited inspections, visual-only inspections, scope-limited assessments, or any subsequent inspection visits of any kind, regardless of their purpose, scope, or timing.
Definition of “Source Testing”: For purposes of this All-Inclusive Investigation Guarantee (“No limits on source testing means no limits on findings”), “Source Testing” shall be defined exclusively as air sampling or surface sampling analyzed by microscopy methods. Source Testing shall include only the following: air samples analyzed by spore trap microscopy, surface swab samples analyzed by direct microscopy, tape lift samples analyzed by direct microscopy, and bulk material samples analyzed by microscopy. No other testing methodologies, analytical platforms, or laboratory techniques shall fall within the scope of “Source Testing” as defined by this Guarantee.
Exclusions from Source Testing: The All-Inclusive Investigation Guarantee applies exclusively to microscopy-based source testing. Any and all testing methodologies, laboratory techniques, or analytical platforms not based on microscopy are expressly excluded from this Guarantee, without limitation. Such excluded methods include, without limitation, DNA/PCR analysis, mycotoxin testing, actinomycetes testing, endotoxin testing, culture-based testing, volatile organic compound (VOC) testing, formaldehyde testing, chemical analysis, or any other testing methods not expressly performed by microscopy.
Guarantee Terms
Scope: This Guarantee applies exclusively to microscopy-based source testing performed during the initial comprehensive inspection of the property. It does not extend to, and is expressly excluded from, any post-remediation inspections, follow-up inspections, limited-scope investigations, or any subsequent inspection visits beyond the initial inspection.
Flat Rate Coverage: The Client shall pay one flat fee for the All-Inclusive Investigation, which shall cover all microscopy-based air and surface testing deemed necessary by We Inspect, LLC. No additional charges shall be assessed for the number or type of microscopy-based tests performed under this Guarantee.
Testing Determination: The type, number, and location of all microscopy-based tests shall be determined exclusively by We Inspect, LLC certified professionals, in their sole and absolute discretion, in accordance with company protocols. Client shall have no right to dictate or influence the number or placement of tests.
Scope Limitation: This Guarantee applies strictly to the cost of microscopy-based testing. It does not include, and We Inspect, LLC shall have no responsibility for, any travel expenses, remediation services, remediation verification, laboratory analyses other than microscopy, follow-up testing, or any services or expenses beyond the initial comprehensive inspection.
Testing & Interpretation Protocols: All testing shall be conducted using professional methodologies, calibrated equipment, and protocols developed, owned, and maintained by We Inspect, LLC. All reference standards, baseline measurements, and threshold criteria shall be applied strictly in accordance with We Inspect, LLC internal testing and interpretation protocols. Final determination of all findings shall be made solely and exclusively by We Inspect, LLC, in its professional judgment, under said protocols.
Property Access & Exclusions: The Client shall provide We Inspect, LLC with full, unrestricted, and continuous access to all areas of the property for the duration of the inspection. If access to any portion of the property is restricted, refused, or otherwise limited for any reason — including but not limited to Client direction, legal restrictions, safety concerns, or physical inaccessibility — the All-Inclusive Investigation Guarantee shall be void in its entirety, and We Inspect, LLC shall have no obligation to honor this Guarantee.
Acknowledgement: By scheduling an All-Inclusive Investigation, the Client expressly acknowledges, understands, and agrees to these terms and the definition of “Source Testing” as set forth herein.
This section is subject to and governed by the General Terms & Conditions contained herein, including but not limited to all disclaimers, indemnifications, and limitations of liability.
CROSS-CONTAMINATION CLARIFICATION
Each Path (Core, Essential, and Transformative) includes one Cross-Contamination Test as part of its standard package. This allocation applies on a per-path basis — not per structure, room, or zone — and covers only a single test location designated by We Inspect, LLC during the inspection. Additional Cross-Contamination Tests may be added at the Client’s request for an additional fee per test. No Path includes more than one Cross-Contamination Test by default, regardless of property size or complexity.
This section is subject to and governed by the General Terms & Conditions contained herein, including but not limited to all disclaimers, indemnifications, and limitations of liability.
LEGAL TERMS
Term and Termination: This Agreement may be terminated by either Party without cause, at any time, upon thirty (30) days prior written notice to the other Party. In the event of Client’s breach of this Agreement, including but not limited to failure to make any required payment or failure to comply with the terms herein, Company may terminate this Agreement immediately by providing written notice. In the event of termination by either Party and for any reason, Company shall have no obligation to continue performing the Services, or any other work, for Client, and any pro-rated amounts earned by Company for all work and Services up to and including the date of termination (including any reimbursable costs or Expenses) shall be paid in full. In the event of termination by either Party and for any reason, the following terms will survive: Section 2, Section 14, Section 15, Section 18, Section 19, Section 24, Section 25, Section 26, Section 27, Section 28, Section 29, Section 30, Section 31, Section 32, Section 33, Section 35, Section 36, Section 37, Section 41, and Section 42.
Relationship of the Parties: The Parties are independently contracting Parties and nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties. Neither Party shall have authority to contract for or bind the other Party in any manner.
Indemnification: Client agrees to defend, indemnify, and hold harmless Company and its members, officers, directors, employees, agents, successors, assigns, and contractors from and against all claims, charges, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from: (i) Client’s negligence, neglect, or willful misconduct, or any other unreasonable or improper action or inaction by Client or those acting on its behalf, (ii) the negligence, neglect, or willful misconduct of any third-parties used by Client in connection with the Services; (iii) any modifications, alterations, adaptations, or changes made by the Client or on its behalf to any final work product or materials provided by Company, or (iv) Client’s breach of this Agreement.
No Warranties; Disclaimers: The Company provides its services on an “as is” basis and does not guarantee that its services are free from errors, inconsistencies, or imperfections. The Company expressly disclaims all warranties, promises, and guarantees, whether express or implied, except as expressly set forth in these terms and conditions. Specifically, the Company makes no warranties or guarantees regarding any particular outcome from its services or products, including but not limited to: (a) identifying all instances of mold at any property, (b) ensuring the accuracy or completeness of any remediation plan, (c) ensuring the accuracy or analysis of the laboratory samples collected or (d) preventing the recurrence of mold or other issues at an inspection site.
The Company does not warrant that it will identify or locate all instances of mold or water damage during an inspection. The Company does not warrant that it will identify or locate the sources of water damage or moisture causing mold or microbial growth during an inspection. The Company is not responsible for identifying, locating, or addressing any other hazards or conditions at the inspection site that may pose risks to persons or property, including but not limited to structural damage, asbestos, chemicals, gases, or other microbial growth.
Additionally, the Company offers self-testing home kits and online training for self-testing. By electing to use a mold detection kit provided by the Company, you acknowledge that these services are provided “as is” and subject to all disclaimers mentioned above. Self-testing carries inherent risks, including but not limited to human error, faulty detection, or incomplete testing. The Company assumes no liability for any error, defect, or deficiency in the self-test kits or the results obtained from their use, and shall not be liable to you or any third-party for any related issues.
Non-Disparagement: To the fullest extent permitted by law, you agree not to make, directly or indirectly, any disparaging statements or comments about the Company, its affiliates, management, staff, current or former employees, or its services, in any form or forum, whether electronic, written, or verbal. The term “disparage” includes any statements or comments that could reasonably be expected to negatively impact the Company’s business, reputation, personnel, or interests. This prohibition includes, but is not limited to, statements made on social media platforms or any other online forums (including Yelp, Google, X (Twitter), Facebook, LinkedIn, Instagram, or similar sites) that could harm the Company’s business, reputation, or interests.
Limitation of Liability: EXCEPT AS MAY BE REQUIRED BY LAW, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED FIFTY (50) PERCENT OF THE TOTAL VALUE OF MONIES PAID BY CLIENT TO THE COMPANY PURSUANT TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO CLIENT FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE, THE COMPANY WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR THE THEORY ON WHICH THE CLAIM IS BASED.
Intellectual Property Rights: All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, and logos, together with all of the goodwill associated therewith, derivative works, and all other rights in and to all reports, writings, documents, schematics, drawings, work product, and other materials delivered by Company to Client under this Agreement, or prepared by or on behalf of Company in the course of performing the Services (the “Intellectual Property”), shall be the sole and exclusive property of Company. Except as expressly provided for, no transfer of any right, interest, or ownership of any Intellectual Property will occur under this Agreement. Client acknowledges and agrees that, except as provided for herein, it has no right, title, or claim to any proprietary rights in and to the Intellectual Property.
Use of Third Parties: Company may, in its sole discretion, use the services of third parties, including consultants, contractors or retailers, in connection with its performance of the Services. Company may also require that Client directly engage, and contract with, such third parties. Except as may be expressly stated in this Agreement, any Statements of Work, or any other written agreement signed by Company, Company makes no representations, warranties, or guarantees concerning the work and services (including pricing) provided by such independently retained and contracted third parties.
Third-Party Remediation Credit or Rebate Programs
Third-Party Incentives. From time to time, We Inspect may inform clients of promotional offers, credits, rebates, discounts, reimbursements, or other incentives made available by third-party remediation providers (each, a “Provider”) in connection with remediation services (collectively, the “Credit or Rebate Program”). Any Credit or Rebate Program is offered, administered, and fulfilled solely by the Provider, and not by We Inspect, even if We Inspect references, recommends, or introduces the Provider to Client.
Not a We Inspect Discount; No Cash Value. The Credit or Rebate Program is not a discount, refund, or price reduction offered by We Inspect and does not reduce or change We Inspect’s fees. Unless expressly stated in writing by the Provider, any credit or rebate: (i) has no cash value, (ii) is non-transferable, and (iii) may only be applied toward qualifying remediation services provided by the Provider, subject to the Provider’s terms.
Applicability: Provider Remediation Required. Any credit or rebate is only applicable if Client retains the Provider to perform remediation services. If Client does not enter into a remediation agreement with the Provider and the Provider does not perform the remediation work, no credit or rebate will apply and none will be issued.
Third-Party Terms Apply; No Guarantee. Eligibility for, approval of, amount of, and timing of any credit or rebate is determined exclusively by the Provider in accordance with its own terms, conditions, policies, and program requirements, which may change from time to time. We Inspect does not guarantee that any client will qualify for, receive, or successfully redeem any credit or rebate, and makes no representations regarding the credit or rebate amount, approval criteria, processing timelines, application method, or availability.
Third-Party Services; No Control or Responsibility. Any remediation services provided by a Provider are performed solely by that Provider and are not performed, supervised, controlled, or guaranteed by We Inspect. We Inspect is not responsible for and makes no warranties regarding any Provider’s work, performance, representations, contracts, pricing, timelines, materials, methods, permits, compliance with laws or regulations, or any outcomes resulting from remediation services.
No Responsibility for Disputes or Changes. We Inspect is not responsible or liable for any disputes, delays, denials, changes, cancellations, or discontinuation of any Credit or Rebate Program, or any other issues arising out of or relating to the credit or rebate, including any failure by a Provider to apply, issue, or honor any credit or rebate for any reason.
Release of Liability. Client acknowledges and agrees that (i) any relationship regarding remediation services and any associated credit or rebate is solely between Client and the Provider, and (ii) We Inspect is not a party to any remediation agreement between Client and Provider. To the fullest extent permitted by law, Client hereby releases and agrees not to assert any claims against We Inspect, its officers, directors, employees, contractors, and affiliates for any damages, losses, costs, injuries, or liabilities arising out of or relating to (a) any remediation services performed by a Provider, (b) any Credit or Rebate Program, or (c) any disputes between Client and a Provider, including claims based on reliance upon the Credit or Rebate Program in making decisions regarding inspection, remediation, or vendor selection.
Indemnification. Client agrees to defend, indemnify, and hold harmless We Inspect, its officers, directors, employees, contractors, and affiliates from and against any and all claims, demands, causes of action, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) any remediation services performed by a Provider, (ii) any agreement or dispute between Client and Provider, or (iii) any Credit or Rebate Program, except to the extent caused by We Inspect’s gross negligence or willful misconduct.
Client Responsibility. Client is solely responsible for confirming Credit or Rebate Program eligibility, terms, and details directly with the Provider prior to entering into any remediation agreement or making any remediation-related payment.
Entire Agreement: This Agreement, including all Statements of Work, riders, and addendum, if any, constitutes the sole and entire agreement of the Parties with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, letters of intent, term sheets, memoranda, representations, and warranties, both written and oral, with respect to such subject matter.
Amendment and Waiver: This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by the Parties, and any of the terms thereof may be waived, only by a written document signed by the Parties or, in the case of waiver, by the Party or Parties waiving compliance.
Force Majeure: In the event of a Force Majeure, Company shall be absolved of all obligations and responsibilities pursuant to this Agreement and the Statement of Work, but only to the extent (scope and time) impacted by the Force Majeure. A Force Majeure includes any event or series of events beyond Company’s reasonable control including, but not limited to: acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions; war, acts of terrorism, violence, upheaval, unrest, pandemics, and epidemics, as well as any response by a government, agency, or similar authority thereto, including but not limited to any “shelter in place” or “stay at home” order; or, acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations. Nothing contained herein shall absolve the Client from any obligations related to payment for the Services.
Severability: The terms and provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions herein.
Headings: The headings in this Agreement are for convenience only and form no part of this Agreement and shall not affect its interpretation.
Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
Assignment: This Agreement may not be assigned by the Parties to any other person, corporation, or entity without the other Party’s express written consent.
Mutual Drafting: This Agreement is the result of the joint efforts of the Parties, and each provision has been subject to the mutual consultation, negotiation, and agreement of the Parties and there shall be no construction against any Party based on any presumption of that Party’s involvement in the drafting of this Agreement.
Arbitration; Choice of Law, Waiver of Jury Trial: THIS AGREEMENT IS DEEMED TO HAVE BEEN EXECUTED AND DELIVERED IN THE STATE OF CALIFORNIA AND WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA (WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS). EXCEPT FOR CLAIMS THAT MEET THE THRESHOLD REQUIREMENTS FOR THE SMALL CLAIMS SECTION OF A COURT OF COMPETENT JURISDICTION, OR AS OTHERWISE SET FORTH HEREIN, THE PARTIES WAIVE ALL RIGHTS TO HAVE THEIR CLAIMS OR DEFENSES ARISING UNDER THIS AGREEMENT HEARD OR DECIDED BY A JUDGE, JURY, OR IN A COURT TRIAL, REGARDLESS OF THE BASIS OF THE CLAIMS OR THEORIES THEREOF. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE SUBMITTED TO AND DECIDED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED EXCLUSIVELY BY ONE (1) ARBITRATOR IN THE STATE OF CALIFORNIA OPERATING UNDER JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES THEN IN EFFECT. THE FEES AND COSTS FOR ARBITRATION SHALL BE SHARED EQUALLY BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, THE ARBITRATOR’S HOURLY FEES AND ANY AND ALL APPLICABLE FILING AND ADMINISTRATIVE FEES. ANY AWARD OR FINDING WILL BE CONFIDENTIAL. EACH PARTY WILL BE SOLELY RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES, AND THE ARBITRATOR MAY NOT AWARD ATTORNEYS’ FEES UNLESS A STATUTE OR CONTRACT AT ISSUE SPECIFICALLY AUTHORIZES SUCH AN AWARD. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN SHALL PROHIBIT ANY PARTY FROM SEEKING AN INJUNCTION OR EMERGENCY RELIEF IN A COURT OF COMPETENT JURISDICTION (INCLUDING, BUT NOT LIMITED TO, FOR THE PURPOSES OF ENFORCING THIS AGREEMENT). THE PARTIES FURTHER AGREE THAT THE FEDERAL OR STATE COURTS LOCATED IN CALIFORNIA SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH APPLICATION FOR INJUNCTIVE OR EMERGENCY RELIEF. IN THE EVENT THAT THE COMPANY IS SUCCESSFUL IN OBTAINING ANY TEMPORARY OR PERMANENT INJUNCTION OR RELIEF AGAINST CLIENT, THE COMPANY SHALL BE ENTITLED TO REIMBURSEMENT OF ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES).