Health Inspection Monitor

Health Inspection Monitor Terms of Service

Updated Nov 27 2023

1. Acceptance of the Terms of Service

These terms of service are entered into by and between You and HIM Solutions Inc. (“Terms of Service”). The Terms of Service, together with our Privacy Policy (“Agreement”), govern your access and use of our Services, including any content, functionality and services offered on or through the Site or the web application. Your use of HIM Solution Inc. products or services are provided by HIM Solution Inc. pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.

Please read the Agreement carefully before you start to use our Service. By using the Services (including visiting the Site), you accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, or the Privacy Policy, you must not access the Site or use the Services.

2. Definitions

Throughout this Agreement, there are certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service;

“HIM Solutions Inc.” refers to HIM Solutions Inc.” dba healthinspectionmonitor.com; the Site; the Services; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Services” refers to the services provided through the Site, including the project management app and the Site itself;

“Site” refers to the website, www.healthinspectionmonitor.com;

“User(s)” refers to anyone who uses the Service, including general visitors to te Site;

“You” refers to you, the person who is entering into this Agreement with healthinspectionmonitor.com.

3. What healthinspectionmonitor.com Offers

Health Inspection Monitor, monitors and tracks restaurant health inspections from public disclosure websites and other sources and makes that data available for reporting, analytics and alerting. Please note that HIM Solutions Inc. does not own or operate any of the third-party disclosure website and your relations with those web sites are governed separately from this Agreement and the Privacy Policy.

4. Data Processing Agreement

Use of the Service implies acceptance of the Data Processing Agreement, unless otherwise explicitly agreed with HIM Solutions Inc. in writing. Please write to dataprotection@healthinspectionmonitor.com. or review the Privacy Policy for additional information on how HIM Solutions Inc. works to protect your data.

5. Eligibility

In order to use the Services, you must meet a number of conditions, including but not limited to:

You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, healthinspectionmonitor.com, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use the Services.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must not be signing up on behalf of a natural person other than yourself.
You must, if signing up on behalf of a person other than a natural person, be authorized by that person to bind it to this Agreement, and you hereby agree that both you and that person shall be jointly and severally liable for any breaches hereof.
You must provide HIM Solutions Inc. with personal information, payment information, and other information as described in detail in the Privacy Policy, in order for HIM Solutions Inc. to provide and for you to receive, the Services.

6. Software as a Service

healthinspectionmonitor.com is offered as a Software as a Service (“SaaS”). As a SaaS, healthinspectionmonitor.com’s availability is subject to a number of technical and other factors. healthinspectionmonitor.com may become unavailable to you from time to time for reasons including but not limited to security, legal compliance, or technical issues and you agree that healthinspectionmonitor.com shall not be liable to you for any losses arising from such unavailability.

7. Rules of Use

You must not:

Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of healthinspectionmonitor.com.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the healthinspectionmonitor.com Site, Service, or its Users’ computers.
Do anything else which could bring healthinspectionmonitor.com into disrepute or violate the rights of any person.

8. Limited License

You agree that you are being granted a limited license to use the healthinspectionmonitor.com Services, including the software. You must only use this license for yourself and additional parties authorized by healthinspectionmonitor.com.

The rights granted to You under the Agreement do not include any sale or resale any portion of the Site, Services or their contents; any collection and use of any derivatives of the Site, Services, or their contents, any downloading or copying of account information for the benefit of another company or party; of any use of data mining tools, robots or similar data gathering and extraction tools. The Site, Services or their contents may not be reproduced, duplicated copied, sold, resold, visited, or otherwise exploited for any purpose inconsistent with the limited rights granted to You under the Agreement. You may not frame or utilize framing techniques to enclose any trademark, logo, or other healthinspectionmonitor.com generated content of the Site, or use meta tags or any other hidden text or data elements utilizing healthinspectionmonitor.com’s name or trademarks. healthinspectionmonitor.com shall in no way be responsible for unauthorized use or disclosure of personal information by You.

healthinspectionmonitor.com may revoke its license to you at any time without warning at which time you agree you will take all necessary steps to remove healthinspectionmonitor.com and any of its derivative files from any device under your possession or control. healthinspectionmonitor.com’s liability to you in such an event will be limited to a prorated portion of your paid but unused subscription period, except where you have violated this Agreement, in which case healthinspectionmonitor.com shall not be liable to you for any amount of compensation whatsoever.

9. Term and Termination

The Agreement shall commence on the date agreed between by the parties and shall continue unless earlier terminated in accordance with this Agreement. Unless the Agreement is cancelled in writing at least 60 days prior to the expiration of the initial term or then renewal term, the Agreement will extend automatically for 12-month periods, at the then current prices and subject to the terms of this Agreement.

Upon termination or expiration, Your access rights and all other rights granted under this Agreement shall expire. Termination of the Agreement shall not act as a waiver of any breach of the Agreement and shall not release a party from any liability for breach of such party’s obligations under the Agreement that occurred prior to the effective date of termination.

10. Trademarks

“HIM Solutions Inc.” and “healthinspectionmonitor.com" are marks used by us, HIM Solutions Inc., to uniquely identify the Site, Service, and business. You agree not to use these terms anywhere without the prior written consent of healthinspectionmonitor.com. Additionally, you agree not to use the healthinspectionmonitor.com trade dress, or copy the look and feel of the Site or its design, without prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.

11. Revocation of Consent

healthinspectionmonitor.com may revoke its consent for your use of healthinspectionmonitor.com’s intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if so requested, you must take immediate action to remove any usage of healthinspectionmonitor.com’s intellectual property that you may have engaged in, even if it would cause a loss to you.

12. How we Utilize OpenAI

We use OpenAI to enhance our business offering to you, for example, to improve our categorization and review support tickets.

We do not store any data on OpenAI. We have opted out of allowing OpenAI to sample any data for the purpose of improving its foundational models.

All calls to OpenAI's API are server-to-server, meaning no client IP addresses are sent to OpenAI.

OpenAI may be a sub-processor of personal data about you or your users, to the extent personal data is provided by you in accordance with our Privacy Policy. We have an agreement in place with OpenAI laying out the requirements and confidentiality of the processed data.

13. Representations & Warranties

healthinspectionmonitor.com, ITS AFFILIATES OR REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF THE SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING healthinspectionmonitor.com, ITS AFFILIATES AND REPRESENTATIVES FROM ANY LIABILITY THAT EACH MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR THE SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF THE SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT healthinspectionmonitor.com, ITS AFFILIATES AND REPRESENTATIVES ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS healthinspectionmonitor.com, ITS AFFILIATES AND REPRESENTATIVES’ LIABILITY TO, IF SUCH A MINIMUM EXISTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

YOU AGREE THAT healthinspectionmonitor.com, ITS AFFILIATES NOR ITS REPRESENTATIVES ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE THE SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT healthinspectionmonitor.com, ITS AFFILIATES OR REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT healthinspectionmonitor.com, ITS AFFILIATES OR REPRESENTATIVES ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS, THESERVICES OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON THE SITE WHICH PREVENT ACCESS TO THE SITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF THE SERVICES TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For jurisdictions that do not allow the limitation of liability. Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then healthinspectionmonitor.com, its affiliates or representative’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, healthinspectionmonitor.com, its affiliates or representative do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

14. Indemnity

You agree to indemnify and hold healthinspectionmonitor.com, its affiliates, shareholders, directors and representatives (the “Indemnitees”) harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of the Services to you, including any damages caused by your use of the Site or acceptance of the offers contained on it. You also agree that you have a duty to defend the Indemnitees against such claims and the Indemnitees may require you to pay for an attorney(s) of the Indemnitees’ choice in such cases. You agree that this indemnity extends to requiring you to pay for the Indemnitees’ reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, the Indemnitees may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though the Indemnitees had proceeded with a trial.

15. Termination & Cancellation

In addition to all other rights and remedies available to healthinspectionmonitor.com, healthinspectionmonitor.com may terminate your access to the Site and the Services at its sole discretion without explanation, though healthinspectionmonitor.com will strive to provide a timely explanation in most cases.

Under no circumstances, including termination or cancellation of the Services to you, will healthinspectionmonitor.com be liable for any losses related to actions of other Users.

16. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about healthinspectionmonitor.com must be addressed to healthinspectionmonitor.com’s agent for notice and sent via certified mail to that agent. For healthinspectionmonitor.com’s agent’s most current contact information, please send a request to support@healthinspectionmonitor.com.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Choice of Law

This Agreement shall be governed by the laws in force in the Province of British Columbia. The offer and acceptance of this contract are deemed to have occurred in the Province of British Columbia.

18. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Province of British Columbia. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the Province of British Columbia (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that healthinspectionmonitor.com may move to have it dismissed, and that you will be responsible for reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19. Force Majeure

You agree that healthinspectionmonitor.com are not responsible to you for anything that healthinspectionmonitor.com may otherwise be responsible for, if it is the result of events beyond healthinspectionmonitor.com’s control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, healthinspectionmonitor.com shall have the sole right to elect which provision remains in force.

21. Non-Waiver

healthinspectionmonitor.com reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. healthinspectionmonitor.com’s non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as healthinspectionmonitor.com’s waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without healthinspectionmonitor.com’s prior written consent. healthinspectionmonitor.com may assign its rights and/or obligations under this Agreement to any other party, without your consent.

23. Amendments

healthinspectionmonitor.com may amend this Agreement from time to time and will update this page accordingly. You must read this page each time that you use the Services and your continued use of the Services shall constitute your acceptance of any such amendments.

24. Notices

You agree that notices may be sent by electronic mail, to the electronic mail address indicated in your account, or the then-current electronic mail address provided by a either party to the other party; and agree that notices are deemed received 48 hours after transmission. Each party agrees that any electronic communication will satisfy any legal communication requirements, including all such communication required by applicable laws to be in writing.