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These Terms and Conditions (“Terms”) are in addition to those on the Project Development Plan, which are incorporated herein by reference.
Consent and Release to Company Use of Recordings for Marketing Purposes. In order to deliver services, the Company will need to access Customer’s residence and take video and/or pictures of the entire premises. Customer agrees to provide the Company with the necessary access to Customer’s residence and agrees to allow the recording of such video and/or images, in any medium (“Recordings”), for the purposes of delivering any virtual floor plan services related to Customer’s Project Development Plan.
Customer agrees to allow the Company and/or any of its affiliates, partners, suppliers, vendors, and subsidiary entities, to use any Recordings for marketing purposes for the promotion of the Company and its products and services. This may include promotions on, but not limited to, internet websites, social media (e.g. Facebook, Instagram, Twitter, etc.), TV, radio, newspapers, magazines, outdoor displays, specialized internet microsites, and other similar such channels of marketing and promotion. Customer authorizes the Company and/or any of its affiliates, partners, suppliers, vendors, and subsidiary entities, to use, reproduce, modify, exhibit, and/or distribute any Recordings, and to use Customer’s name, biographical information, and geographic location of delivery of Customer’s purchased services in connection with such Recordings, for the marketing and promotional purposes defined herein.
Customer agrees that all Recordings are the property of the Company and that Customer will have no right to inspect or approve any of the Recordings or use thereof by the Company. Customer agrees to release the Company from all claims and liability relating to the Recordings, including any personal or proprietary rights Customer may have in the Recordings and/or uses thereof. Further, Customer acknowledges that the liability for any claim arising from any act or omission related to the Recordings is limited to the greater of either: i) the dollar amount Customer paid for the services; or, ii) one dollar.
Customer may opt-out of this consent and release by notifying the Company in writing, at the address provided in §14 of these Terms (“Notice.”), within seven (7) days of the date Customer executes a Project Development Plan.
Indemnification. Customer agrees to indemnify, defend, and hold harmless the Company and its employees, agents, affiliates, partners, shareholders, directors, officers, subsidiary or parent entities, successors, and assigns from and against any and all losses, liabilities, damages, claims, fines, causes-of-action deficiencies, costs, and expenses (including reasonable attorneys’ fees and other litigation expenses) based upon, and arising out of, or otherwise related to the Recordings and/or resulting from or in any way connected to the services relating to Customer’s Project Development Plan, including but not limited to claims based on any theory of negligence, gross negligence, violation of any code, and/or violation of any statute.
DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR REPRESENTATIVES DISCLAIM, WITH RESPECT TO THE SERVICES HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUPPLIERS, AFFILIATES, AND/OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE PERFORMANCE OF AND/OR CUSTOMER’S USAGE OF ANY OF THE COMPANY’S SERVICES, AND/OR ANY OBLIGATIONS, ANY ACT ARISING HEREUNDER, OR ANY OMISSION OR FAILURE TO ACT. IN NO CIRCUMSTANCES WILL THE COMPANY’S LIABILITY EXCEED THE VALUE OF THE ACTUAL PRICE PAID BY CUSTOMER TO THE COMPANY FOR THE COMPANY’S SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENTS, FACTS, AND CIRCUMSTANCES GIVING RISE TO CUSTOMER’S CLAIM.
Services. The Company will supply the services specified in Customer’s Project Development Plan in accordance with these Terms and with reasonable skill and care as is standard in the industry. The Company will use reasonable efforts to meet any performance dates specified in Customer’s Project Development Plan, but any such dates shall be estimates only and time for performance by the Company is not of the essence with respect to delivering the services relating to Customer’s Project Development Plan. The Company reserves the right to make any changes to the services necessary in order to comply with any applicable law or request from state or federal government agency, or which do not materially and detrimentally affect the nature or quality of the services. Any such change will amend the services as described in Customer’s Project Development Plan.
The Company may, in its sole discretion, accept additions and variations to Customer’s Project Development Plan in writing agreed to and executed by both parties, subject to the additional pricing requirements for such modifications as set forth in the Project Development Plan. Customer agrees that all such additions or variations received by the Company from Customer are properly authorized and approved by Customer as if they formed part of the Project Development Plan, and Customer agrees to pay any corresponding fees and expenses for such additions or variations to Customer’s Project Development Plan.
The Company reserves the right to refuse to perform any services if, in the Company’s opinion, the services would pose unacceptable risks to Customer, Company personnel, and/or other third parties, or if performance of our obligations is prevented or delayed by any act or omission by Customer, Customer’s agents, subcontractors, consultants, and/or employees. In such instance, without prejudice to any other right or remedy the Company may have, the Company will be allowed an extension of time to perform the services relating to the Project Development Plan equal to the duration of such time period of prevention and/or delay. The Company will not be responsible for any non-conformance which is caused by use of the services contrary to the Company’s instructions, or modification or alteration of the services by any party other than the Company or its duly authorized contractors or agents.
Third-Party Terms and Content. Some information and Services available to Customer will be subject to the applicable terms, conditions, and disclosures of a third-party. Any provided third-party materials containing information related to said third-party is provided for Customer’s reference and convenience only, and does not imply any endorsement, sponsorship, or recommendation by Company. Company makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites, services, or other content. Customer agrees that Company has no responsibility or liability for the availability of such third-party sites, services, or other content.
The virtual floor plan services offered by the Company are powered by MatterPort’s virtual floor plan technology, and the usage of MatterPort is governed by the terms and conditions set forth at https://matterport.com/legal. By executing a Project Development Plan which contains virtual floor plan services, Customer agrees to be bound by those terms.
Electronic payment processing technology and services for Customer payments are powered by Intuit’s QuickBooks, and the usage of QuickBooks is governed by Intuit’s terms and conditions set forth at https://connect.intuit.com/payor-terms-of-service. By executing a Project Development Plan where Customer utilizes electronic payment services offered by the Company for processing payments related to Services, Customer agrees to be bound by those terms.
Licensing. Some services offered by the Company may require the use of an unmanned aerial vehicle or “drone” during the course of performing the services. For all services utilizing a drone, the Company uses individuals who are properly licensed for such drone usage by the Federal Aviation Administration (https://www.faa.gov/). The specific license information for the individual performing any drone-related services for Customer’s Project Development Plan is available to Customer upon request.
Customer’s Obligations. Customer expressly acknowledges that in order for the Company to deliver services related to the Project Development Plan, Customer must provide for the Company, its agents, subcontractors, consultants, and/or employees, access to Customer’s property where the services are to be performed. Customer agrees to provide the Company with such access, and further agrees to inform the Company of all relevant health, safety, and/or security hazards or other issues that may exist at the location of the delivery of the services relating to Customer’s Project Development Plan. Customer represents that Customer has not and will not misrepresent to the Company the nature of Customer’s intended use of the services relating to the Project Development Plan.
Applicable Law; Dispute Resolution; Class Action Waiver. These Terms and the resolution of any dispute related to Project Development Plan and/or these Terms will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Customer agrees that any dispute relating to the Project Development Plan and/or these Terms which the parties thereto are unable to resolve will be submitted solely and exclusively to arbitration, pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Said dispute shall be submitted individually by Customer and will not be subject to any class action status; Customer does not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration.
CUSTOMER UNDERSTANDS THAT BY AGREEING TO THIS CLASS ACTION WAIVER, CUSTOMER MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Customer hereby waives any and all rights to claim punitive, incidental, or consequential damages, attorneys’ fees, and costs, and/or the right to have any actual damages multiplied or increased for any reason. Customer agrees that the only damages to which Customer will be entitled will be as provided in §4 (“LIMITATION OF LIABILITY.”) of these Terms. Said arbitration shall occur exclusively in the city and county of San Diego, California. All lawsuits, causes-of-action, disputes, or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of San Diego. The terms of this section survive any termination of the Project Development Plan.
Remedies. In order to avoid irreparable injury to the Company, in the event of any breach or threatened breach by Customer of the provisions of the Project Development Plan and/or these Terms, and in addition to any other rights and remedies the Company may have, the Company will also be entitled to seek an injunction and/or other equitable relief restraining Customer from such breach. Nothing in these Terms shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from Customer.
Force Majeure. Company shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, general unavailability of materials, or any increase in cost of materials greater of the estimated cost due to variable costs of construction materials. Any starting or completion dates of the Services stated by Company shall be subject to clarification of all required technical and logistical details. Moreover, Company’s obligation to meet any deadlines shall be based on the punctual and proper fulfillment of the Customer’s obligations related to the Services. In the event of strikes, lockouts, delayed shipments by suppliers or Subcontractors, or other causes hindering punctual completion for reasons that Company is not accountable for, Company shall be entitled to extend the completion date of the Services by a reasonable amount of time in order to adjust of the circumstances hindering punctual completion.
Trademark Notice. “Multitaskr” is a registered trademark of the shareholders of Modern Market Technologies, Inc., and is filed and pending publication by the USPTO. All other trademarks and service marks displayed on the Company website and any documents provided to Customer by the Company are the property of either the Company or the respective owners of any third-party trademark or service mark. Customer may not use or display any trademarks or service marks owned by the Company without the Company’s prior written consent. Customer may not use or display any other trademarks or service marks displayed on the Company website or any documents from the Company without the permission of the respective owner(s) of the trademark or service mark.
Integration, Severability, and Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.
Notice: All notices to the Company under these Terms will be deemed given when delivered via certified mail to:
2576 Catamaran Way
Chula Vista, CA 91914
Cancellation and Refund Policy. To cancel the Project Development Plan and request a refund, Customer must notify the Company in writing to the address set forth in §14 of these Terms (“Notice.”), postmarked within three (3) days of the date Customer purchased the Project Development Plan. On such written notice to the Company, Customer must include his or her name, his or her address, the date Customer received the signed copy of the fully executed Project Development Plan, and the reason(s) why the Customer is requesting to cancel the Project Development Plan. In the event Customer cancels the Project Development Plan pursuant to this §15 (“Cancellation and Refund Policy.”), the Company will refund to Customer the purchase price paid by Customer for Customer’s Project Development Plan; in no other circumstances will Customer be able to receive a refund and/or any exchange of services.
To access the Multitaskr Platform and the resources it offers, End User will be asked to provide certain registration details, including but not limited to: full name, email address, phone number, physical address, and proof of identity as Multitaskr may reasonably request from time to time.
End User, by registering for an account to access the Multitaskr Platform, acknowledge and agree that Multitaskr and/or Providers may collect text, photos, videos, measurements, comments, reviews, data, or other information before, during, and after the delivery of Services requested by End User through the Multitaskr Platform, or otherwise in connection with the Services relating to End User, End User’s household, End User’s business, End User’s real or personal property, or otherwise.
Security of End User Account
Consent to Communications to End User from Providers and Multitaskr
End User Communications and Submissions
Confidentiality of End User Communications and Submissions
Multitaskr will not display the address of projects relating to any Services, or precisely locate the address for Services on any map visible to all End Users, on the Multitaskr Platform. End User acknowledges and agrees that the description of the project for which End User requests Services and any photos uploaded by the End User may be viewed by the general public and will not be treated as proprietary or confidential.
16 Intellectual Property Rights.
Multitaskr’s Intellectual Property
The Multitaskr Platform, including all material and information, and the selection, arrangement, and composition of such information, are proprietary property of Multitaskr and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. End User agrees not to remove, alter, or obscure any copyright, trademark, or proprietary rights notice incorporated in or accompanying the Multitaskr Platform. Except for the limited license explicitly granted to End User, as specified in Paragraph 4 (“Intended Use of Multitasker Platform and Grant of Limited License to End User.”), no other license is granted to any End User, whether by implication, estoppel, or otherwise, and all rights are explicitly reserved by Multitaskr.
License and Release of Liability by End User for any Photos, Videos, or Other Media
Third Party Intellectual Property
Any and all logos, brands, product names, and third-party trademarks appearing on the Multitaskr Platform are the intellectual property of the respective third-party owner(s).
Third Party Intellectual Property
Any and all logos, brands, product names, and third-party trademarks appearing on the Multitaskr Platform are the intellectual property of the respective third-party owner(s).
Copyright and DMCA Notices
If End User believes the Multitaskr Platform or the content therein in any way infringes on your copyright(s), End User may notify Multitaskr at:
17 Modern Market Technologies, Inc.Attn: Legal Dept.2576 Catamaran WayChula Vista, CA 91914
18 Prohibited Conduct on Multitaskr Platform. End User may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). End User may not access, download, monitor, copy any information or content contained on or in the Multitaskr Platform through automated or artificial means (including but not limited to: screen and database scraping, spiders/bots/crawlers or other such similar processes, whether manual or automatic), or in any way obtain or attempt to obtain any content or information through any means that Multitaskr does not intentionally make available through the Multitaskr Platform. End User may not use or attempt to use the Multitaskr Platform through any means not explicitly and intentionally made available to End User, including, but not limited to, attempting to gain unauthorized access to any portion of the Multitaskr Platform or any other systems related to the Multitaskr Platform. End User may not use or access the Multitaskr Platform in any manner that could damage, disable, overburden, or impair the Multitaskr Platform, or that could interfere with the rights of or otherwise harm Multitaskr, its Providers, suppliers, other End Users, or any other individual.
End User may not post, submit, or link to any information or material submitted by End User that directly or indirectly refers persons to another online or offline location that provides similar services to those offered on the Multitaskr Platform, or information or material which involves unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. End User agrees not to post, submit, or link any information or material that infringes upon, misappropriates, or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state, or local law, rule, or regulation, or any information or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable as determined in Multitaskr’s sole discretion.
The above list of prohibited conduct is by no means exhaustive or an exclusive list of the conduct that is prohibited on the Multitaskr Platform. Multitaskr reserves the right and has sole discretion to determine what usage(s) of the Multitaskr Platform is appropriate, and may take necessary actions to ensure that the Multitaskr Platform is not used in a manner expressly prohibited above or any other use determined by Multitaskr to be an inappropriate use of the Multitaskr Platform.
19 No Agency/No Employment. End User is not an employee, contractor, agent, or representative of Multitaskr.
20 Multitaskr Platform Provided As-Is
THE MULTITASKR PLATFORM AND ANY SERVICES OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM MULTITASKR OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MULTITASKR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE MULTITASKR PLATFORM AND END USER’S USE OF THE MULTITASKR PLATFORM OR TRANSACTIONS WITH MULTITASKR, OTHER END USERS, PROVIDERS, OR OTHER THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, NON-INFRINGEMENT, ANY WARRANTIES ARISING BY USAGE OF TRADE, ANY WARRANTIES ARISING BY COURSE OF DEALING, AND ANY WARRANTIES ARISING BY COURSE OF PERFORMANCE.
Limitation of Liability Related to Multitaskr Platform Use
Except as otherwise set forth herein, Multitaskr is not affiliated with any Provider or third-party service. Any dispute End User, has with any Provider, other End User, or third-party service, or other third-party, is directly between End User and that third-party, and End User irrevocably releases Multitaskr and its employees, agents, affiliates, partners, successors, and assigns from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Disclaimer of Services Warranties/Quality of Workmanship is Responsibility of Provider
MULTITASKR, THROUGH THE MULTITASKR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF OR ACT IN ANY WAY AS A PROVIDER OF SERVICES, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES ANY PROVIDER(S) RENDERS TO END USER, INCLUDING, BUT NOT LIMITED TO: A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES,WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. MULTITASKR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING ANY ADVICE OR INFORMATION GIVEN TO END USER BY PROVIDER OR SERVICES RENDERED BY PROVIDER ON END USER’S BEHALF. MULTITASKR IS NOT RESPONSIBLE FOR ANY ACTION OR INACTION OF ANY PROVIDER, AND FURTHER, MULTITASKR IS NOT RESPONSIBLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. MULTITASKR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ON THE MULTITASKR PLATFORM OR OFFLINE, OF ANY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
End User acknowledges and agrees that this provision relating to indemnification includes indemnification by End User of Multitaskr for, but not limited to and directly or indirectly relating to any of the following: 1) Platform Misuse, 2) Service Misuse, 3) Violation of Law/Regulation, 4) Violation of Rights of Another (including Providers), and 5) End User Information Submitted to or Transmitted Through the Multitaskr Platform.
Reservation of Rights of Multitaskr to control any litigation subject to End User indemnification; No Settlement by End User
Multitaskr reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by End User, in which event End User will full cooperate with Multitaskr in asserting any available defenses.
Waiver of Right to be Plaintiff or Class Member in Class Action
Any dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as named or unnamed member in a class, consolidated, representative, or private attorney general legal action. End User’s access and continued use of the Multitaskr Platform and/or Services signifies End User’s explicit consent to this waiver. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in San Diego County, California. End User submits to the personal jurisdiction and venue of such courts and waives any objections on the grounds of venue, forum non-conveniens, or any similar grounds with respect to any such proceeding. Notwithstanding anything to the contrary, End User and Multitaskr may seek injunctive relief and any other equitable remedies from any court meeting the venue requirements of Paragraph 21 (“Governing Law, Jurisdiction, and Venue.”) to protect intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the procedures for resolution of such disputes as provided in Paragraph 23 (“Dispute Resolution – BINDING ARBITRATION.”)
If End User does not agree with any of the limitations of liability set forth in this Paragraph 20 (“Limitation/No Liability.”), End User must not use the Multitaskr Platform.
Modern Market Technologies, Inc.
Attn: Legal Dept.2576 Catamaran Way
Chula Vista, CA 91914