Effective Date: February 2, 2026
1. Parties to this Agreement and Entity Disclosure
“Upchurch Inspection” is a marketing brand. By using this website, you acknowledge that you are interacting with different legal entities depending on the location of the property being serviced:
- Missouri: All services and contracts are provided by Upchurch Inspection LLC, a Missouri-based limited liability company.
- Tennessee: All services and contracts are provided by Wesley Upchurch (Sole Proprietor) or his authorized Tennessee-based contractors.
- Arkansas, Kentucky, and Mississippi: This website acts as a referral and marketing hub. All property inspections in these states are performed by Independent Licensed Professionals who are not employees, partners, or agents of Upchurch Inspection LLC or Wesley Upchurch. These independent inspectors maintain their own professional licensure and insurance.
2. Acceptance of Terms
Access to this website is granted only on the condition that you accept these Terms of Use and our Privacy Policy. By viewing, visiting, or interacting with this website, you agree to all provisions herein. If you are under 18 years of age, you are denied access to this website.
3. Use of Information and Intellectual Property
The content on this website, including but not limited to text, logos, underlying code, and databases, is the proprietary intellectual property of Upchurch Inspection.
- Prohibited Use: You may not copy, save, broadcast, or resell any portion of this website for commercial use without an express written contract.
- Liquidated Damages: Unauthorized commercial use of our intellectual property may subject you to civil penalties. You agree to liquidated damages in the amount of $2,500.00 per violation, plus actual damages and legal costs.
4. Disclaimer of Accuracy and Risk
While we strive for excellence, we disclaim responsibility for the accuracy of general information on this site.
- Visual Inspection: Website content is for informational purposes. Only a signed, written inspection report following a physical site visit should be relied upon for property decisions.
- Technological Risk: You assume all risk regarding viruses or corrupting factors. We assume no responsibility for damage to your software or hardware resulting from interaction with this site.
5. Limitation of Liability
To the maximum extent permitted by law, you forever waive all rights to claims for damages against Upchurch Inspection LLC, Wesley Upchurch (personally and as a sole proprietor), and our affiliates. Our total liability for any claim arising from your use of this website—whether in contract, tort, or otherwise—shall not exceed the amount you paid to access the site (if any) or $100.00, whichever is greater.
6. Independent Contractor Disclaimer (AR, KY, MS)
For inspections performed in Arkansas, Kentucky, and Mississippi, you acknowledge that your contract is solely with the individual licensed inspector assigned to your project. Neither Upchurch Inspection LLC nor Wesley Upchurch shall be held liable for the acts, errors, omissions, or negligence of these independent professionals.
7. Disputes and Binding Arbitration
Any dispute arising from the use of this website shall be settled through binding arbitration rather than in a court of law.
- Venue: Arbitration shall take place in Shelby County, Tennessee, or another location at the Website’s sole discretion.
- Class Action Waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
- Costs: The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and collection costs.
8. Jurisdiction and Applicable Law
This Agreement shall be governed by the laws of the State of Missouri for all matters involving the LLC, and the State of Tennessee for all matters involving the brand’s primary operations and sole proprietorship.
9. Contact Information
If you have questions regarding these terms, please reach out via our Contact Page.