Terms of Service
Last Updated: 05/16/2022
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTIANS A MUTUAL ARBITRATION AGREEMENT WHICH GOVERNS HOW CLAIMS BETWEEN YOU AND OWNPROP ARE TO BE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Acceptance of the Terms
OwnProp provides an online connection, using web-based technology that connects Pro Members and Customer Members. OwnProp makes ordering make ready services very easy for Customer Members and handles everything else from logistics to quality assurance.
These Terms govern your access to, use of, and participation in the OwnProp platform made available by OwnProp, Inc. and its subsidiaries and affiliated companies (collectively, "OwnProp," "we," "our," or "us").
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform or communicates with us in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
OwnProp may, in its sole and absolute discretion, update or revise the Terms at any time. If we make significant changes, we will notify you of such changes through the Platform or by other means like email. If you object to any changes, you may close your account. To the extent permitted by law, by your continued use of the Platform or any service of OwnProp or its affiliates after the effective date of the changes, you consent to any updates or changes made to the Terms.
"Collective Content" means User Content and OwnProp Content together.
"Content" means all software and code comprising or used to operate the Platform, and all text, graphics, images, audio, video, sound recordings, information and all other materials available on the Platform including but not limited to User Content, Feedback, services requests, payment terms, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Customer Member" means a Member who is registered to order and receiveServices, and uses the Platform to receive, pay for, review, or facilitate the receipt of Services.
"Member" means a person who completes OwnProp's account registration process including but not limited to Pro Members and Customer Members.
"Platform" means all OwnProp websites, mobile or other applications, software, processes, and any other products or services provided by or through OwnProp.
"Services" means the services listed, quoted, scheduled, offered or provided by Pro Members, or sought, scheduled or received by Customer Members, through the Platform.
"Pro Member" means a Member or sub-member who is registered for Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the delivery of Services.
"OwnProp Content" means all Content OwnProp makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, ortransmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, but excluding OwnProp Content and Feedback.
Member Accounts, Representations, Warranties, And Use of The Platform
By registering or using the Platform, Pro Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced,licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing. This includes carrying workers’ compensation limits of $1M/$1M/$1M and general liability coverage with aggregate limits of $1 million per occurrence/ $2 million general aggregate/ $2 million products that names OwnProp, Inc. as additional insured.
Pro Members understand and agree that they are not OwnProp employees, contractors, joint venturers, partners, or agents. Pro Members acknowledge that they confirm their own prices, provide their own equipment, and determine their own work schedule. OwnProp does not control, and has no right to control, the services a Pro Member provides, including how the Pro Member provides such services, except as specifically described in this these Terms.
OwnProp, in accordance with applicable laws, obtains personal information regarding Pro Members, which may include background checks, history of criminal convictions, and/or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Pro Member’s account based on the results of such a check. As a Pro Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtainsuch reports from OwnProp’s vendors.
License to Use the Platform
Subject to your compliance with these Terms, OwnProp grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use the Platform on your personal device.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OwnProp or its licensors, unless expressly granted in these Terms.
You are solely responsible for all User Content that you post to the Platform and acknowledge that OwnProp will not be liable for any User Content under any circumstances. This means that you may be held legally responsible for damages suffered by other users or third parties as a result of your comments if such comments are legally actionable or defamatory.
By providing User Content to OwnProp, you hereby grant OwnProp a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion. The license granted to OwnProp shall survive termination of the Platform or your Account. OwnProp does not claim ownership rights in your User Content and nothing inthese Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
OwnProp reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
Users of the Platform may not:
- Use an Account that is not registered to you or your company, create more than one Account, misrepresent yourself, your company, or Services offered, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request;
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
- Take any action that (a) may negatively affect the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm OwnProp or users of the Platform; (f) violates any intellectual property rights, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates payment terms, billing, or Fees owed;
- Use or collect any personally identifiable data including but not limited to names or other account information from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms;
- Take any inappropriate or unlawful actions, including but not limited to, money laundering, fraud, the submission of inappropriate or unlawful Content to or through the Platform (including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity), conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate OwnProp policies that govern your use of the Platform and our interactions with you and third parties;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Fail to complete Services assigned to you in accordance with industry standards, or fail to make payment for Services you ordered;
- Engage in fraudulent conduct;
- Order a service with no intention of following through with payment forthe Service;
- Agree to perform a Service when you do not meet a Customer Member’s requirements;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
- Attempt to indirectly violate these Terms.
OwnProp Fees, Payment Terms, And Taxes
Users of the OwnProp may charge you certain fees and expenses for your use of the Platform, including, without limitation, for use of certain functionality provided within or as part of the Platform ("Fees"). In addition to any other payment and billing terms then in effect, the amount of any Fees will be clearly displayed to you before you purchase services, or accept payment forservices performed, and you agree to pay all such Fees when due plus all related transactional costs, payment processing fees and expenses, and local, state, or federal taxes as applicable. All Fees are payable in U.S. dollarsonly. Members are responsible for paying all fees that owed to OwnProp and are also solely responsible for paying any applicable taxes.
Unless denoted otherwise, charges for the Fees for Pro Members shall be made to the payment method you designate at the time you setup an Account, and charges for the fees for Pro Members shall be deducted from the amount owed to Pro Members after completion of Services. Fees may be charged when you use certain functionality provided within the Platform or any other of our products or services, and in any of the foregoing cases, mayinclude credit card and ACH processing fees, chargeback amounts, third party pass-through transactional expenses, and other amounts related to misconduct or fraudulent activity associated with your Account or payment method. You also agree that OwnProp or its third-party service providers providing payment services may store your payment method and associated information. We may charge your payment method for subsequent charges you authorize, such as recurring subscription fees, account upgrades or otherspecial charges authorized by you as additional functions become available. If the payment method you use with us reaches its expiration date and you do not update the applicable information, you authorize us to invoice your directly or continue billing that payment method, and you remain responsiblefor any unpaid amounts. If you do not pay any Fees when due or if OwnProp cannot charge the payment method you provided us for any reason, you agree to reimburse us, and we reserve all rights permissible under law to recover, all costs and expenses incurred, including reasonable attorneys' fees and other collections costs, in our pursuit of payment of the Fees. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by OwnProp or by anyone on its behalf, including but not limited to a third-party collection agent. Failure to pay Fees when due may result in the termination of your Account or access to or use of the Platform.
All cancellation and refund requests will be subject to OwnProp’s review and absolute discretion. Further, you acknowledge that (a) the use of certain features within the Platform may be subject to Fees imposed by OwnProp’s payment processing partner(s) and other partners and (b) OwnProp has no ability to refund such Fees. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to OwnProp support at firstname.lastname@example.org. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that OwnProp may charge such unpaid Fees to the payment method you provided us or we may otherwise invoice you forand take any necessary steps to collect such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Pro Members or Customer Members. All sales on OwnProp are final and non-refundable, except as otherwise specified herein.
You acknowledge and agree that a substantial portion of the compensation OwnProp receives for making the Platform available to you is received only when a Customer Member and a Pro Member connect through the Platform to perform a Service. Therefore, for 24 months from the time you identify or are identified by any party through the Platform (the “Non-Circumvention Period”), you must use the Platform as your exclusive method to request work, and agree to any payment for work directly or indirectly with that partyor arising out of your relationship with that party (the “OwnProp Relationship”). The Non-Circumvention Period will not apply if you identified or were identified by said party prior to your use or access of the Platform. You may opt-out of this obligation with respect to each Customer Member-Pro Member relationship only if Customer Member or Pro Member pays OwnProp for each such relationship:
(a) an “Opt-Out Fee” computed to be the greater of the following amounts:
(i) $2,500; or
(ii) 15% of the cost to the Customer Member of the services to be performed in the OwnProp Relationship during the Non-Circumvention Period, as estimated in good faith by the prospective Customer Member; or
(iii) all Fees that would be earned by OwnProp from the OwnProp Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Pro Member from Customer Member during the most recent normalized 8-week period, or during such shorter period as data is available to OwnProp; and
(b) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date Customer Memberfirst makes payment to Pro Member until the date the Opt-Out Fee is paid.
To pay the Opt-Out Fee, you must request instructions by sending an email message to email@example.com.
If you pay the Opt-Out Fee you agree not to circumvent the Platform. By way of illustration and not in limitation of the foregoing, you must not:
- Submit proposals or solicit parties identified through the Platform to contact, hire, work with, or pay outside the Platform.
- Accept proposals or solicit parties identified through the Platform to contact, deliver services, invoice, or receive payment outside the Platform.
- Invoice or report on the Platform or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Users.
You agree to notify OwnProp immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. Ifyou are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to OwnProp by sending an email message to: firstname.lastname@example.org.
OwnProp Points, Coins, Tokens, or something similar, may be awarded to users by OwnProp at its sole and absolute discretion. You acknowledge and agree that these Coins shall have no cash value and are not a security or indenture of any kind.
Payments to Pro Members
By agreeing to these Terms or continuing to operate as a Member on OwnProp, you agree to provide OwnProp accurate and complete information about you and your business (as applicable), and you authorize OwnProp to share this information and transaction information with anyone OwnProp designates to collect Fees or other payments on its behalf.
Disputes Between or Among Users
OwnProp values our Pro Members and Customer Members, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Pro Member or a Customer Member cannot be resolved independently, you agree, at OwnProp's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by OwnProp or a neutral third-party mediator or arbitratorselected by OwnProp. Notwithstanding the foregoing, you acknowledge and agree that OwnProp is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT OWNPROP IS UNDER NO OBLIGATION TO BECOME INVOLVED IN ANY DISPUTE BETWEEN MEMBERS, FACILITATE, REQUIRE OR REQUEST ANY PARTICULAR DISPUTE RESOLUTION MECHANISM, OR OTHERWISE IMPOSE ANY RESOLUTION TO A DISPUTE BETWEEN OR AMONG MEMBERS OR ANY THIRD PARTY. EXCEPT AS REQUIRED BY APPLICABLE LAW AND VALID LEGAL PROCESSES TO WHICH OWNPROP IS SUBJECT, OWNPROP IS UNDER NO OBLIGATION TO PROVIDE ANY INFORMATION OR DATA REGARDING ANOTHERMEMBER, ANY PARTICULAR TRANSACTION BETWEEN MEMBERS, OR ANY DISPUTE OR POTENTIAL DISPUTE BETWEEN MEMBERS.
Intellectual Property Rights
OwnProp Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. OwnProp and/or its affiliates, subsidiaries, and parents exclusively own all right, title, and interest in and to the Platform and OwnProp Content, including all associated intellectual property rights. The service marks, trademarks, logos,trade names, domain names and any other proprietary designations of OwnProp used herein are trademarks or registered trademarks of OwnProp. Any use of OwnProp Content, other than as expressly permitted herein, is prohibited without the prior permission of OwnProp and/or the relevant right holder.
The OwnProp Platform enables Members to submit comments, questions, or suggestions concerning OwnProp or our services (“Feedback”). Please do not submit any confidential information when providing Feedback.. By submittingFeedback, you understand and agree (i) that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) that we may have something similar to the Feedback already under consideration or in development, (iii) that your Feedback will automatically become the property of OwnProp, without compensation to you. This Feedback section shall survive any termination of your Account or the Platform.
OwnProp does not endorse and is not responsible for any Member, user or any Services. No agency, partnership, joint venture, contractor relationship, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform. In no event shall OwnProp be responsible or liable for any Services provided by Pro Members. Members are required by these Terms to provide accurate information, and although OwnProp does notmake any representations about, confirm, or endorse any user of the Platform or Member or their purported identity or background, regardless of any involvement by OwnProp personnel in providing or scheduling those services.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against those particular Membersor other third parties. You agree not to attempt to impose liability on or seek any legal remedy from OwnProp with respect to such actions or omissions.
Account Suspension or Termination
OwnProp may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your OwnProp Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from OwnProp support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for Services cancelled or delayed as a result of Account termination. You may cancel youruse of the Platform by contacting email@example.com. Please note that if your Account is cancelled, we do not have an obligation to delete or return toyou any User Content. Creating a new or different account in an attempt to circumvent a suspension or termination is strictly prohibited.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH OWNPROP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
By agreeing to these Terms, you agree that you are required to resolve any and all disputes with OwnProp on an individual basis in arbitration as set forthin this Arbitration Agreement.
Initial Dispute Resolution: In an effort to resolve disputes without litigation, You agree to contact OwnProp's support department at firstname.lastname@example.org to settle any dispute, claim, question, or disagreement directly through consultation with the OwnProp support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Parties will have a period of thirty (30) days starting from the time OwnProp’s support department is made aware of the dispute. If the parties fail to resolve the dispute during the thirty (30) day period, then either party may initiate bindingarbitration as the sole means to resolve the dispute subject to this Arbitration Agreement.
Binding Arbitration: All claims arising out of or relating your use of the Platform, these Terms (including the interpretation, formation, or enforceability of these Terms), or any other aspect of your relationship with OwnProp shall be resolved by binding arbitration. The arbitration will be governed exclusively by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated.
To begin the arbitration process, you must send a letter requesting arbitration and describing your claim to our registered agent.
If the fee for arbitration is greater than the cost of filing a lawsuit, OwnProp will pay the additional cost for arbitration if required by law. OwnProp will also, as required by law, reimburse the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses totalingless than $10,000 unless the arbitrator finds the claims to be frivolous. Each party is responsible for its own attorneys' fees unless the arbitration rules, these Terms, and/or applicable law provide otherwise.
The parties understand that by agreeing to arbitration each party is waiving their right to sue in court and have a jury trial.
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Class Action Waiver: The parties further agree to arbitrate solely on. anindividual basis, and that this Arbitration Agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Exceptions to Arbitration and Initial Dispute Resolution: Notwithstanding the foregoing, this Arbitration Agreement does not require arbitration or initial dispute resolutions of the following: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and OwnProp shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against OwnProp that is not subject to arbitration must be resolved by a court locatedin Austin, Texas, or a United States District Court, Western District of Texas, located in Austin, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas or the United States District Court, Western District of Texas located in Austin, Texas, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM,ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OWNPROP NOR ANY PERSON ASSOCIATED WITH OWNPROP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER OWNPROP NOR ANYONE ASSOCIATED WITH OWNPROP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, OWNPROP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OWNPROP, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOURUSE, OR INABILITY TOUSE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OFUSE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Release
You agree to defend, indemnify, and hold harmless OwnProp, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 theseTermsofUseor youruseof the Platform, including, but not limited to, your User Content, anyuseof the Platform’s Content, services, and products other than as expressly authorized in theseTermsofUse, or youruseof any information obtained from the Platform.
Contacting You and E-SIGN Consent:
You agree that OwnProp may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, OwnProp or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from OwnProp or Service Members, as explained in more detail in the E-Sign Consent section below, you also consent to the use of an electronic record todocument your agreement. You may withdraw your consent as explained below.
No Third-Party Beneficiaries:
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Waiver and Severability:
No waiver by OwnProp of anytermor condition set out in theseTerms shall be deemed a further or continuing waiver of suchtermor condition or a waiver of any othertermor condition, and any failure of OwnProp to assert a right or provision under theseTerms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of theTerms will continue in full force and effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to email@example.com