This is an Agreement between you (the real estate professional) and us (InterNACHI). We
are a Colorado nonprofit corporation and 501(c)(6) trade association representing the
interests of more than 20,000 home inspectors. You want to join InterNACHI or
obtain free access to certain parts of InterNACHI’s website. In consideration
of our willingness to approve your application for membership if you qualify or free
access to certain parts of InterNACHI’s website, you agree to these terms:
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Negligent Referral Protection.
I have reviewed and will follow all procedures outlined on the
Negligent Referral Protection program page
if I wish to participate in InterNACHI’s free negligent referral protection program.
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Dues.
If you become a paying member, you authorize us to charge your credit card or
bank account for membership dues and other sums you owe us, and to sign any required
forms for us to do this. You understand InterNACHI may terminate your membership
if you do not pay all sums owed when due. You understand InterNACHI will automatically
renew your membership and charge you for dues unless you notify InterNACHI in writing
that you no longer wish to be a member at least 30 days prior to the expiration of
your membership. If you elect not to renew, you must send your notice to
InterNACHI, 1750 30th Street Ste 301, Boulder, CO 80301 or to the main email contact
listed on our contact page.
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Use of Intellectual Property / Benefits.
InterNACHI allows its paying members to use some of its logos and other intellectual property
as a benefit of membership on such terms as InterNACHI deems appropriate. Those rights terminate
when membership terminates. All benefits of membership terminate when membership terminates.
InterNACHI may change the terms on which it allows use of its intellectual property and its
benefits at any time.
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Disputes.
InterNACHI strives to improve each day. If you have a complaint or concern, you will promptly
email it to us at fast-reply@internachi.org. Similarly, if you have feedback or suggestions on
how InterNACHI can improve, please email those to us at fast-reply@internachi.org.
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Mediation.
If you notify InterNACHI of a complaint and we are unable to resolve it, you agree to participate
in non-binding mediation with us before filing any action. The mediation will take place in Boulder,
Colorado, and each side will pay 1/2 the mediator’s fees. The mediator will be Steve Clymer of Accord
Dispute Resolution in Boulder. If he cannot serve, the mediator will be Steve Meyrich of Boulder.
If he cannot serve, InterNACHI’s General Counsel will appoint the mediator.
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Venue / Waiver of Jury / Attorney’s Fees.
The exclusive venue for any dispute arising out of your InterNACHI account shall be in Boulder,
Colorado, unless federal jurisdiction is mandatory, in which case the exclusive venue will be the
U.S. District Court in Denver. In any such action, both parties waive trial by jury. In any such
action, the court must award the prevailing party their actual attorney’s fees and costs.
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Severability.
If a court invalidates any provision of this Agreement, the remaining provisions shall
remain in effect.
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Not Assignable.
You may not assign your membership in InterNACHI.
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Waiver.
Failure to invoke any right in this Agreement by either party shall not be a waiver of that right.
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Governing Law.
Colorado law governs this Agreement.
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Reading / Review of Counsel.
You have carefully read this Agreement. You had the opportunity to have qualified counsel review
this Agreement before agreeing to it.
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Voluntary Agreement.
You enter into this Agreement voluntarily, free of any duress.
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Entire Agreement.
This Agreement contains all representations by InterNACHI to you and expresses the entire
understanding between the parties with respect to the transaction at issue. All prior
communications are merged into this Agreement, and there are no terms or conditions other
than those set forth herein.
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Modification.
No alleged promise or representation of InterNACHI shall be binding unless reduced to writing
and signed by an authorized officer of InterNACHI.
