Mountain Association

Mountain Inspection Warranty Association

Terms and Conditions (rev 10)

Welcome to Mountain Inspection Support Association ("MISA"). MISA maintains this site to provide information and facilitate communication within our membership. Your use of this site is governed by these Terms of Use, so please read them carefully.

By using this site you acknowledge that you have read these Terms of Use and that you accept them, as they may be modified from time to time, as posted on this site. When MISA makes such a modification, we will post a revised version of these Terms of Use on this site. Changes are effective when posted. MISA is not required to provide notification that it has made any such change. It is your responsibility to review these Terms of Use from time to time to be aware of any changes. Your continued use of the site or the services of MISA indicates your agreement to any such change. We reserve the right to add to, remove, change, or terminate access to any of the content or functions of the site without giving specific notice. If you do not agree to the Terms of Use, you should not use this site.

  1. Trademarks. "Mountain Inspection Support Association," "Mountain Association," "MISA," and the logos on this website are trademarks used by MISA and are protected by law.
  2. Copyright of Site Content. All site content, including but not limited to, text, graphics and layouts, is the property of MISA and is protected by United States and international copyright laws. No portion of this site may be reproduced, copied, sold, or otherwise used for any commercial purpose without the express written consent of MISA. The content of this site may be printed, copied, viewed, downloaded, saved to disk for private use and otherwise used solely for personal informational purposes, providing embedded copyright notices are NOT removed. No site content may be altered in any way.
  3. Not Responsible for Links. This site contains links to and from other Internet sites. These sites are independent of MISA, and MISA has no control over, or responsibility for, the content, functioning, operation, policies, or availability of such sites.
  4. Disclaimer. MISA assumes no liability or responsibility for any errors or omissions in the content of this website. MISA makes no warranty of accuracy, completeness, adequacy, suitability or non-infringement, concerning this website or the information or materials it contains. MISA specifically disclaims any duty to update the information on this website.
  5. Comments Become Property of MISA. Any feedback or suggestions, written or oral, directed to MISA or this site becomes the property of MISA. MISA shall enjoy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MISA the right to use the name that you submit in connection with such content, if it chooses to do so. Should you desire confidential treatment of feedback or suggestions, please send a written request via letter or email to MISA. No feedback, suggestions or commentary of any kind will be treated as confidential without a prior, written statement from MISA.
  6. No Warranties Regarding this Website or Services of Inspectors. MISA provides and maintains this site on an "AS AVAILABLE" basis. MISA makes no representations or warranties of any kind, express or implied, as to the operation or availability of this site. You expressly agree that your use of this site is at your sole risk. Visitors to this site understand that MISA does not guaranty or warrant the services of inspectors who purchase warranties from MISA, and visitors agree that MISA is not liable for the alleged acts or omissions of them, nor may MISA be held liable for damages allegedly sustained as a result of the acts or omissions of any home inspectors, regardless of the legal theories employed.
  7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MISA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MISA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MISA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT MISA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. MISA IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. YOU AGREE THAT FOR ANY LIABILITY RELATED TO ANY MISA WARRANTY, MISA IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMED DAMAGES ABOVE WHAT IS STATED IN THE WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS; HOWEVER THE INTENT OF MISA IS TO LIMIT ITS POTENTIAL LIABILITY TO MAXIMUM EXTENT ALLOWED BY LAW.
  8. Venue for Legal Action. In any legal action in any way arising out of your use of this site, you agree that the exclusive venue shall be in the District Court for Boulder County, Colorado.
  9. You agree that the maintenance of this site by MISA does not constitute the transaction of business in any state other than Colorado and does not subject MISA to jurisdiction in any other state.
  10. Governing Law. The laws of the State of Colorado govern these Terms of Use and any issues arising out of them or your use of this site.
  11. Severability. If any clause or provision of these Terms of Use is held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect. Further, you agree that with regard to any term that a court holds invalid, the Court shall reform that provision to protect MISA to the maximum extent permitted by law.
  12. Captions. The captions of each section are for convenience only and shall have no effect in the construction of any provision of these Terms of Use.
  13. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of MISA.