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1-1 of 1 Orders Displayed. 10 25 50 records in gridPage 1 of 1 (1 items)
Claim?Order DateTime On BoardClient NameGW #Product TypePropertyDueDistance 
10/27/2021 11:50 AM0 hour(s), -58 minute(s)ZIONS BANCORPORATION, N.A.2110032015PCR974 BREMEN WAY
ALPINE, CA, 91901
10/28/202116.10Claim

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GROUNDWORKS INSPECTIONS
INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (“Agreement”) is made between the GroundWorks Division of Accurate Group, LLC1 and its affiliates, successors and assigns (referred to herein, collectively and individually, as (“Company”) with an office located at 6000 Freedom Square, Suite 300, Independence, OH 44131, and Independent Contractor (“IC”)   with a mailing address at:  ,   on   (the “Agreement”). IC must provide a completed and signed W-9 with IC’s full legal name, federal tax classification and social security number or employer identification number as applicable.

BY CLICKING AN “I ACCEPT” OR SIMILAR BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER, COLLECTIVE ACTION WAIVER AND A WAIVER OF JURY TRIAL, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RELATING IN ANY WAY TO THIS AGREEMENT AND YOUR SERVICES WITH STATED EXCEPTIONS. THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY FREELY, VOLUNTARILY AND AFFIRMATIVELY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW. PLEASE SEE SECTIONS 16 AND 17 BELOW FOR MORE INFORMATION REGARDING ARBITRATION.

  1. Services to be provided. IC has been engaged to perform real estate property data collection services (“Services”) as may be agreed in individual assignments from Company. Services shall be performed consistent with IC’s independent professional judgment, the requirements of this Agreement and the assignment requirements.
  2. Term. IC’s obligations under this Agreement shall be in full force and effect during and after the period during which Services are performed for Company, for the reason that the Company’s confidential information and other intellectual property are entitled to permanent protection.
  3. Compensation. IC shall provide IC’s standard fees to Company, however, the fee for each assignment will be established at the time of assignment. IC is free to accept or reject any assignment and may inform Company of any circumstances warranting an adjustment to a fee which Company shall consider but is not obligated to accept.
  4. GroundWorks Division Inspector Payment Policy
    1. This payment policy pertains to Services for the Company’s GroundWorks Division. Each order shows the IC’s fee in the order details section. Payment for a completed GroundWorks™ Service is dependent upon the date and time the Service is delivered by Company’s quality control team to the client or appraiser. For completed Services that are delivered to the clients during a calendar month payment will be processed on or before the 5th business day of the following month. Payment for Services could be delayed if a Service does not pass Company’s quality control review. If a Service does not pass the quality control review, the Service will be returned to the IC with a revision request. Once revisions are made and the completed Service is delivered to the client or appraiser, the payment date is set as reflected above. Please note that the use of appraiser trainees is not restricted in the state of Illinois.
    2. Non-payment. Each order has client requirements. If IC is unable or unwilling to complete an assignment in accordance with client requirements, IC is to notify Company to discuss options on how to proceed. If IC does not do this, and instead submits a Service that does not meet the client’s requirements, and IC is unwilling or unable to meet the client’s requirements, the IC may not be paid for the Service.
    3. IC will not be paid if the Service is overdue and after two (2) days of status requests there is no response to Company’s emails or voice messages, and the Service is not complete.
  5. Expense Reimbursement. Company shall not be liable to IC for any expense paid or incurred by IC unless otherwise agreed in writing.
  6. Equipment, Tools, Materials & Supplies. IC shall supply, at IC’s sole expense, all equipment, tools, materials, and/or supplies to accomplish the work agreed to be performed, however, Company may require IC to report the results of IC’s work using software or a platform provided by Company in order to facilitate the delivery of IC’s work to the client.
  7. Performing Services for Others. This is a non-exclusive agreement between Company and IC. IC is free to accept or reject assignments from Company. IC is an independent professional and it is expected and understood that IC will perform services for others. IC shall not accept an assignment from Company if IC’s responsibilities to others will not allow IC to competently and timely complete the assignment for Company.
  8. Federal, State and Local Taxes. Federal, state, and local income and payroll taxes of any kind shall not be withheld or paid by Company on behalf of IC or the employees of IC. IC shall not be treated as an employee with respect to the services performed hereunder for any purpose including but not limited to federal, state or local tax purposes.
  9. Notice to IC regarding IC’s Tax Obligations. IC understands that IC is responsible to pay, according to law, IC’s income taxes. If IC is not a corporation, IC further understands that IC may be liable for self-employment taxes including Social Security taxes, which are to be paid by IC according to law.
  10. Company not responsible for Workers’ Compensation, Unemployment Compensation, and insurance. No workers’ compensation insurance, unemployment compensation, disability and welfare benefits, automobile or drivers insurance, errors and omissions insurance or other such common costs of a business shall be obtained by Company concerning IC or the employees of IC. IC is responsible for all IC employees and for the payment of their compensation, including, if applicable, withholding of income taxes, and the payment and withholding of social security and other payroll taxes, unemployment insurance, workers’ compensation insurance payments and disability and welfare benefits.
  11. No Benefits. Because IC is engaged in IC’s own independent business, IC and IC’s employees will not be entitled to any benefits paid or made available by Company to its employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements, or distributions made by IC pertaining to any bonus, stock option, profit sharing, insurance or similar benefits. IC shall also provide all IC employees all sick leave, vacation benefits, leave of absences and all other benefits required under law.
  12. Compliance with Legal Requirements. IC shall comply with, and ensure that all IC employees and personnel comply with (i) all applicable laws and regulations and (ii) all rules, regulations and policies of Company and its clients that are communicated to IC in writing, including security procedures concerning systems and data and remote access thereto.
  13. Background Checks and other information. IC agrees to cooperate with requests from Company to update background checks and other diligence information as requested.
  14. Services within United States. The obligations of IC (including those performed by any employees of IC) under this Agreement shall be performed fully within the United States, unless approved in writing in advance by Company.
  15. Required Turntime. Each assignment has a due date. IC is to complete the assignment by the due date. If that is not possible, then IC shall communicate to Company about the delay with a new expected time of delivery.
  16. Arbitration. Although Company hopes that disputes with its contractors will not occur, Company believes that when disputes arise, it is in the mutual interest of all concerned to handle them promptly and with a minimum of disturbance to our clients’ needs, our business and our relationship with IC. Accordingly, to provide for more expeditious resolution of disputes that may arise between Company and IC, Company has instituted a mandatory arbitration procedure (“Procedure”). Under the Procedure which is set forth below, certain disputes that may arise from IC’s engagement by and work for Company and IC’s relationship with Company must (after appropriate attempt to resolve the dispute internally through Company’s management channels) be submitted for resolution by mandatory arbitration. The Company and IC agree that this Agreement and their relationship involve interstate commerce and agree that, except as specifically provided herein, the Federal Arbitration Act (“FAA”) shall govern all proceedings arising out of or relating to this Agreement.

    In agreeing to submit disputes for resolution by arbitration, IC acknowledges that this arbitration agreement is given in exchange for rights to which IC is not otherwise entitled, namely, offers of assignments (“Orders”) from and engagement by Company, and the more expeditious resolution of disputes. In exchange for IC’s agreement to submit disputes to binding arbitration, Company likewise agrees to the use of arbitration as the exclusive forum for resolving disputes covered by this Agreement. IC and Company shall be precluded from bringing or raising in court or another forum any dispute that was or could have been brought or raised under the Procedure set forth in this Agreement.

    Additionally, there shall be no right for any claims or disputes covered by this Agreement to be arbitrated on a class or collective action basis and each party expressly waive any such right by signing below.
  17. Arbitration Procedure
    1. Company and IC agree that any controversy or claim arising out of or relating to IC’s relationship with Company or the termination of that relationship, except any claim of breach of confidentiality or trade secrets provisions, must be submitted for final and binding resolution by a private and impartial arbitrator, to be jointly selected by IC and Company.
    2. Claims Covered: This Agreement to submit to arbitration:
      1. covers any dispute concerning the arbitrability of any such controversy or claim; and
      2. includes, but is not limited to, any claim that could be asserted in court or before an administrative agency or claims for which IC or Company has an alleged cause of action, including without limitation claims for breach of any contract or covenant (express or implied); tort claims; claims arising out of IC’s work for Company; for discrimination and/or claims for violation of any federal, state or other governmental law, statute, regulation or ordinance, and whether based on statute or common law; and
      3. all those claims whether made against Company, any of its subsidiary or affiliated entities or its individual officers, directors, or employees (in an official or personal capacity).
    3. Claims Not Covered: Claims covered by this Agreement do not include:
      1. a claim under the National Labor Relations Act (NLRA), as amended; and
      2. a claim by Company for injunctive or other equitable relief, including without limitation claims for unfair competition and the use or unauthorized disclosure of trade secrets or confidential information, for which Company may seek and obtain relief from a court of competent jurisdiction.
    4. Informal Efforts: As a prerequisite for submitting any claim to arbitration, both IC and Company agree to make good faith efforts at resolving any dispute on an informal basis through Company’s management channels appropriate to that particular dispute. Please direct any initial inquiry or complaint to your primary contact at Company or to Company’s General Counsel. Only when such informal efforts fail may a dispute be submitted to final and binding arbitration under the terms of the Procedure.
    5. Binding Arbitration: If a covered dispute or claim remains unresolved at the conclusion of the parties’ informal efforts to resolve the dispute or claim, either party may submit the dispute or claim for resolution by final binding confidential arbitration under the Procedure. The arbitration will be administered by JAMS and conducted under its Rules (“Rules”) with the additional condition that the Procedure shall be conducted on a confidential basis but either party may contact potential witnesses without regard to the confidentiality of the arbitration. These Rules, incorporated by reference into this Procedure, include, but are not limited to, the procedures for the joint selection of an impartial arbitrator and for the hearing of evidence before the arbitrator. The arbitrator shall have the authority to allow for appropriate discovery and exchange of information before a hearing, including, but not limited to, production of documents, information requests, depositions and subpoenas. A copy of the JAMS Rules can be obtained at https://www.jamsadr.com/rulescomprehensive-arbitration/.
    6. Time Limits and Procedures:
      1. Any arbitration conducted under this Agreement shall take place in IC’s county of residence unless an alternative location is chosen by the mutual agreement of the parties. The arbitrator shall render a decision and award within 30 days after the close of the arbitration hearing or at any later time on which the parties may agree. The award shall be in writing and signed and dated by the arbitrator and shall contain express findings of fact and the basis for the award.
      2. The parties agree to share equally the JAMS’ administrative fees and the arbitrator’s fees and expenses unless local law requires the Company to pay these costs or prohibits the sharing of these costs. All other costs and expenses associated with the arbitration, including, without limitation, each party’s respective attorneys’ fees, shall be borne by the party incurring the expense.
      3. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law.
    7. No Retaliation:
      1. Under no circumstances will IC be retaliated against in any way for invoking the Procedure in good faith to seek the resolution of a dispute or claim. Company managers who engage in such retaliation will be subject to discipline under the appropriate Company disciplinary procedures.
      2. Company is always free to terminate its relationship with IC at any time for any lawful reason and the engagement is not for any specific or definite duration or quantity of work.
  18. Indemnification. IC agrees to and does indemnify and hold harmless Company, its affiliates and clients, and each of their respective directors, officers, employees, agents and representatives, successors and assigns (“Indemnitees”), against any and all losses, liabilities, judgments, settlements, penalties, fines, damages, expenses, costs, and fees (including without limitation reasonable attorneys’ fees) (“Losses”), that are threatened or brought against, or are incurred or imposed upon an Indemnitee, its assets or properties to the extent that such Losses are caused by, relate to or arise out of IC’s error or omission, negligence or willful misconduct in connection with IC’s provision of services in connection with or pursuant to an order from or engagement by Company regardless of the intended user or recipient of the service. IC shall not be liable for the errors or omissions, negligence or willful misconduct of an Indemnitee or other action or inaction for which indemnification is prohibited under any appraisal management registration or licensing law or regulation. This provision shall not apply to development, use, or contents of a real estate appraisal prepared by a Vermont appraiser.
  19. Protection of Confidential Information.
    1. IC recognizes that through IC’s relationship with Company IC will have access to proprietary information, trade secrets, confidential information, customer and consumer information including non-public personal information (“NPI”), and trade secrets that have or could have commercial value or other utility in the businesses in which Company and any customer or client are engaged or contemplate engaging in (“Confidential Information”). Such Confidential Information may include, but not be limited to, any information concerning Company’s customers, customer lists and contacts, Company processes, products, services, inventions, manufacturing and production methods, purchasing, accounting, engineering, marketing, selling methods and techniques, research and development, computer programs, purchasing information, ideas and plans for development, historical financial data and forecasts, long range plans and strategies, and any such other information concerning the business of Company or its manner of operation which is not generally known outside Company. Additionally, Confidential Information may include information from third parties disclosed to Company in confidence subject to a duty on Company’s part to maintain the confidentiality of such information and use it only for certain limited purposes. IC recognizes that it often may be difficult to draw an exact line of distinction about what does and does not require confidential treatment, although, as a general rule, it may be said that any unpublished information is secret and confidential. In those cases where any doubt arises, IC will obtain written permission from Company before using or divulging the information in question.
    2. IC agrees IC will use Confidential Information only for purposes of IC’s engagements by Company. IC will disclose Confidential Information only to those who have a need to know it and who have permission to receive it. IC shall ensure that any members, managers, employees or agents, or any third parties to whom Confidential Information is to be disclosed including IC’s employees or subcontractors are subject to a written agreement confirming that person’s agreement to be bound by the requirements of this Agreement. IC will use particular care to insure that such Confidential Information does not become known to those who are engaged in activities competitive with those of Company. IC will take special care in public places (e.g., restaurants, airplanes, elevators) to ensure that even casual conversation or inadvertent displays of written material do not lead to the disclosure of any Confidential Information or NPI. IC will not transmit, reproduce or remove materials containing any Confidential Information or NPI without appropriate permission. IC shall immediately notify Company of any instance of unauthorized access to, use or disclosure of any portion of Company’s confidential information or NPI and shall cooperate with us in any action relating thereto.
    3. Further, upon discovery of any vulnerability to or breach of IC’s security, IC shall immediately take all appropriate actions necessary to mitigate any risk related to the disclosure of Confidential Information or NPI.
    4. Upon Company’s request or demand, for any reason, IC shall immediately deliver to Company, or provide a certificate of destruction for, all of Company’s Confidential Information including information of Company’s clients and of their customers, documents, promotional materials, property and other records, and all copies and material derivative thereof, within IC’s possession, custody or control.
    5. If IC or any of IC’s employees or advisors (“Representatives”) are ordered or requested to disclose any information provided by Company, whether NPI or otherwise, pursuant to court or administrative order, subpoena, summons, or other legal process, IC will promptly notify Company (unless prohibited from doing so by law, rule, regulation or court order) in order that Company may have the opportunity to seek a protective order or take other appropriate action. IC will also cooperate in Company’s efforts to obtain a protective order or other reasonable assurance that confidential treatment will be accorded the information provided by Company. If, in the absence of a protective order, IC or any of IC’s Representatives are, in the opinion of IC’s counsel, compelled as a matter of law to disclose the information provided by Company, IC may disclose to the party compelling disclosure only the part of such information as is required by law to be disclosed (in which case, prior to such disclosure, IC will advise and consult with Company and our counsel as to such disclosure and the nature of wording of such disclosure) and IC will use commercially reasonable efforts to obtain confidential treatment therefore. Nothing in this Agreement shall prohibit IC from (A) reporting any good faith allegation of unlawful employment practices or criminal conduct to any appropriate Federal, state or local government agency or official, (B) participating in any proceeding of a Federal, state or local governmental agency respecting unlawful employment practices or criminal conduct, (C) making any truthful statement or disclosure required by law, regulation, or legal process, or (D) obtaining confidential legal advice.
    6. IC acknowledges that this Agreement is intended to protect and preserve legitimate business interests of Company. IC acknowledges that any violation of the confidentiality provisions of this Agreement may cause serious and irreparable damage to Company, and further acknowledges that it might not be possible to measure such damages in money. Accordingly, IC agrees that in the event of a violation of the confidentiality provisions of this Agreement, Company may seek, in addition to any other rights or remedies, including specified money damages, an injunction or restraining order to restrain IC from further violating the confidentiality provisions of this Agreement.
  20. Ownership. All work performed pursuant to this Agreement, and all materials, products, services and deliverables developed or prepared for Company or its clients are the property of Company, and all title and interest therein shall vest in Company with full right of sale and assignment and shall be deemed a work made for hire and made in the course of the services and work rendered hereunder. To the extent that title to any such product or service may not, by operation of law, vest in Company, or such products or services may not be considered works made for hire, all rights, title and interest therein are hereby irrevocably assigned to Company. All products and/or services shall belong exclusively to Company, with Company having the right to obtain and to hold in its own name, copyrights, registrations or such other protection as may be appropriate to the subject matter, and extensions and renewals thereof. IC agrees to give to Company and any person designated by Company, reasonable assistance, at Company’s expense, required to perfect the rights established in this paragraph.
  21. Severability. If a provision of this Agreement is deemed void or unenforceable, such provision shall be severed and be deemed to not be part of this Agreement, which otherwise shall remain in full force and effect.
  22. Waiver. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
  23. Assignment. The rights and obligations of Company under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of Company. The rights and obligations of IC are personal and are non-assignable.
  24. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio consistent with the Federal Arbitration Act without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Ohio.
  25. Amendment. The Agreement may be modified, amended or replaced from time to time by Company in its sole discretion. Such modifications and amendments must be accepted by IC in the prescribed manner, e.g., by signing and delivering the amendment or by clicking an “I accept” button, before new orders will be made available.
  26. No third party beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.
  27. Construction. Notwithstanding the general rules of construction, IC and Company acknowledge that both parties were given an equal opportunity to negotiate the terms and conditions contained in this Agreement, each party had an opportunity and right to have this Agreement reviewed by an attorney or representative of that party’s choice before execution of this Agreement, and IC and Company further agree that the identity of the drafter of this Agreement shall not be considered in any interpretation of the terms and conditions of this Agreement.
  28. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
  29. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original.
  30. Electronic Signatures. The parties agree that signatures required by this Agreement are acceptable by electronic means and that the State of Ohio’s Uniform Electronic Transaction Act (ORC §1306) shall govern the signatures pertaining to this Agreement. Each party acknowledges and agrees it shall not contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because they were accepted and/or signed in electronic form. Each party further acknowledges and agrees that it shall not contest the validity or enforceability of a signed facsimile copy of this Agreement on the basis that it lacks an original handwritten signature. Facsimile signatures shall be considered valid signatures as of the date of this Agreement. Computer, electronically, and/or digitally maintained records of a party when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.

1 Accurate Group, LLC doing business as Accurate Title Group, LLC (Florida), Accurate Group of Indiana, LLC, Accurate Group of Illinois, LLC and Accurate Group of New Hampshire.

© Accurate Group, LLC 2021 All Rights Reserved. I agree with the terms of the Independent Contractor AgreementBy declining this Independent Contractor Agreement, your account will be marked inactive and you will not receive any further work.
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