Terms of Service
Welcome to The New Home Skeptic. These Terms of Service ("Terms") govern your access to and use of the website located at thenewhomeskeptic.com (the "Site") and the services provided by Ethan C. Morrison, PE, CCP ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. Acceptance of Terms
By accessing, browsing, or using thenewhomeskeptic.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and The New Home Skeptic. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
The New Home Skeptic provides forensic cost audits and structural inspections for new construction properties. Our services include detailed analysis of construction defects, translation of technical builder documentation into actionable repair budgets, and professional engineering assessments. The information provided on thenewhomeskeptic.com is for informational purposes and does not constitute a formal inspection report, engineering opinion, or professional advice unless specifically contracted through our formal engagement process.
Content on the Site, including articles, blog posts, case studies, and educational materials, is intended to inform potential clients about construction quality issues and the value of professional inspections. This content does not replace a formal inspection or consultation specific to your property.
3. User Accounts and Responsibilities
Certain features of the Site may require you to create an account or provide contact information to request services. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The New Home Skeptic will not be liable for any loss or damage arising from your failure to protect your account information.
4. Acceptable Use
You agree to use thenewhomeskeptic.com only for lawful purposes and in accordance with these Terms. You specifically agree not to:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
Transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable
Attempt to gain unauthorized access to any portion of the Site, other user accounts, or computer systems connected to the Site
Use any automated system, including robots, spiders, or scrapers, to access the Site without our express written permission
Interfere with or disrupt the Site or servers or networks connected to the Site
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
Use the Site to collect or store personal data about other users without their consent
Reproduce, modify, distribute, or publicly display content from the Site without authorization
5. Intellectual Property Rights
All content on thenewhomeskeptic.com, including text, graphics, logos, images, photographs, videos, software, and compilation of content (collectively, "Site Content"), is the property of The New Home Skeptic or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
The New Home Skeptic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ethan C. Morrison or his affiliates. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
You may access and use the Site Content solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Site Content except as incidentally necessary for normal web browsing or as expressly permitted in writing by The New Home Skeptic.
6. User-Generated Content
The Site may allow you to submit comments, reviews, testimonials, questions, or other content ("User Content"). You retain ownership of any User Content you submit, but by submitting User Content to thenewhomeskeptic.com, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.
You represent and warrant that: (a) you own or have the necessary rights to submit the User Content; (b) your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity; and (c) your User Content does not contain any defamatory, libelous, or otherwise unlawful material.
We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.
7. Professional Services and Disclaimers
The information provided on The New Home Skeptic website is for general informational purposes only and should not be construed as professional engineering advice, legal advice, or a substitute for a formal inspection or consultation. While Ethan C. Morrison is a licensed Professional Engineer (PE) and Certified Cost Professional (CCP), the content on thenewhomeskeptic.com does not create a professional services relationship unless you formally engage our services through a written agreement.
Every property is unique, and construction defects vary widely in scope, severity, and cost implications. The case studies, examples, and cost estimates provided on the Site are illustrative and may not reflect the specific conditions of your property. Formal inspections and cost audits require on-site evaluation and detailed analysis.
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The New Home Skeptic does not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NEW HOME SKEPTIC, ETHAN C. MORRISON, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Your access to or use of or inability to access or use the Site
Any conduct or content of any third party on the Site
Any content obtained from the Site
Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NEW HOME SKEPTIC EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING THE SITE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless The New Home Skeptic, Ethan C. Morrison, and their affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms of Service
Your use of the Site or services
Your User Content
Your violation of any rights of another party
Your violation of any applicable laws or regulations
10. Termination
We reserve the right to suspend or terminate your access to thenewhomeskeptic.com at any time, with or without cause, and with or without notice, for any reason including but not limited to breach of these Terms. Upon termination, your right to use the Site will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the federal or state courts located in [Your County, State], and you consent to the personal jurisdiction of such courts.
You agree to attempt to resolve any disputes arising from these Terms or your use of the Site through good faith negotiation before initiating any legal proceedings. If a dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue available legal remedies.
12. Changes to Terms
The New Home Skeptic reserves the right to modify or replace these Terms of Service at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on thenewhomeskeptic.com with a new "Effective Date" at the top of this page. We may also notify you via email if you have provided your email address to us.
Your continued use of the Site after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Site immediately. We encourage you to review these Terms periodically to stay informed of any updates.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published on thenewhomeskeptic.com, constitute the entire agreement between you and The New Home Skeptic regarding your use of the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
15. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, please contact us:
The New Home Skeptic
Ethan C. Morrison, PE, CCP
Email: [email protected]
Website: thenewhomeskeptic.com
Last Updated: January 1, 2025