TERMS OF FOR EPROPERTYCARE CORPORATION

Last updated January 1, 2021

Welcome to ePropertycare.com (the “Website”), the website of ePropertyCare Corporation (the “Company”). Company provides its Website services to you subject to the notices, terms, and conditions set forth in these Terms of Use (the “Terms of Use”). In addition, when you use any Company service on the Website, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they are incorporated into these Terms of Use by this reference. Company believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how Company uses and collects information and protects your privacy.

Company reserves the right to change the Website and these Terms of Use at any time. When a revision is made, we will revise the “last updated” date on this page. We encourage you to check the date of our Terms of Use each time you visit our Website for any updates or changes. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

1. WEBSITE

a) Use of Website: You represent and warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian. You represent and warrant that the information you submit to us is true and accurate and that your use of the Website will not violate any applicable law or regulation.

Subject to these Terms of Use, Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser and to electronically copy and print hard copy portions of the Website solely for the purpose of learning about and/or purchasing Company services and offers, and not for any commercial use or use on behalf of any third party, unless authorized in advance, in writing, by Company. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the immediately preceding paragraph, without the express written permission of Company, which permission is in Company’s sole discretion, you may not: (a) reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Website or any portion of it; (b) make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business; (c) frame or utilize framing techniques to enclose the Website or any portion thereof; (d) make any use of the Website or any of its content other than personal use; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any or all Website content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Company reserves the right to refuse service, terminate accounts, or cancel orders at its discretion, including if Company believes that customer conduct violates applicable law or is harmful to Company interests.

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Company may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms of Use, and Company has no obligation to investigate the authorization or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Company of any unauthorized use of your password or identification or any other breach or threatened breach of the Website’s security.

b) OBLIGATIONS AND RESPONSIBILITIES

If you access or use the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any of its content or services that may appear on the Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms of Use, if you default in any of the obligations set forth in these Terms of Use, whether negligently or willfully, you shall be liable for all the losses and damages that this may cause to Company or our affiliates, partners or licensors.

2. JOBS

a) Booking Jobs: You may book Jobs through Company (each a “Service Order”) online from the Website. Each Service Order may include the type and scope of work/services needed, the requested date and time of the Service(s), the location at which the Service(s) will be performed, the estimated cost of the Service(s), if available, or the minimum fee or deposit required, if applicable.

b) Estimate/Contracting Process: In some cases the customer may pre-approve a job to execute under a certain dollar threshold, or be given a quote in advance for the work performed. In this instance, the work will proceed unless the Independent Service Professional deems the job to be more than the the estimate, at which point Company or Independent Service Professional will contact you with a revised estimate for your approval. In other cases the job estimate will not be known in advance so the Independent Service Professional will be solely responsible to assess the problem and prepare an estimate for your approval, which will be valid for no more than thirty (30) days after it’s provided to you. When you approve the estimate, you will also be authorizing the Independent Service Professional to complete the work. If you do not approve, the Independent Service Professional will not perform the work. You understand and acknowledge that the contract for the Job is between you and the Independent Service Professional.

c) Your Responsibilities: If you book a Job, you agree that you have the right to grant the Independent Service Professional access to the premises to complete the Service Order. In most cases you will have a representative who is 18 years or older present at all times while the Service Order is being completed and to agree to these Terms and Conditions, unless, if applicable to the property, you grant prior written consent for the Independent Service Processional to gain access to perform the Service Order using a smart lock access code. You hereby waive any liability or claim against the Company related to the use of a smart lock and assume all liability and damages that may occur from the use of the safe lock and in no way shall Company be responsible to you for the use of the safe lock. de. You are responsible for securing all permits, licenses and/or renewals required by any government authority for the Independent Service Professional to complete your Job. You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals. You are responsible for providing the Independent Service Professional with a copy of all necessary permits, licenses and/or renewals issued by the government authority. If your address at which the Job will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the completion of the Job, you agree to advise your Independent Service Professional. You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes. You agree to control and keep pets away from work areas. You agree to keep posted permits on display at all times to the extent required by applicable law. You agree that if you or anyone you control interferes with or delays the Services, you may be subject to transportation/storage charges or other resulting charges. YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.

d) Smart Locks: Company can install a smart lock at the Customer premise to allow controlled access to the property to facilitate the completion of the Service Order. Company is solely sourcing or providing Customers with smart locks and has no information about the lock codes except for the information provided by Customer. Company strongly recommends changing the lock codes after each Service Order. Customer assumes full responsibility for changing the lock code after each service and protecting the identity of the lock code from third-parties. Customer further covenants and agrees that you will not misuse or abuse the smart lock in anyway. Once Customer acquires possession of the smart lock, Company has no immediate or direct physical control over the use of the smart lock and assumes no liability for lock failure, or any delays caused by lock failure or consequential damages. For your security, Company depends on Customer to provide and maintain accurate access inputs via the Company Platform and will only reveal those inputs to Independent Service Providers when confirmed for the Service Call. Customer agrees to use the smart lock only in a manner consistent with any and all applicable laws, regulations, and Company’s policies and procedures. Company reserves the right to investigate and take action against any Customer who, in Company’s sole discretion, violates this provision. Such action may include, without limitation, removing Customer from the Company Platform.

e) Cancellation of a Job: You may cancel a booked Job without incurring any fees or penalties 24 hours prior to the time that the Independent Service Professional is scheduled to arrive to perform the Services. If you wish to cancel after the Independent Service Professional arrives at the premises but before the Independent Service Professional begins the Job, you may be liable for a minimum fee, if applicable. Once you agree to the Estimate and the contract and the Independent Service Professional begins to perform Services, if you cancel the Job, you will be responsible to pay for the full amount agreed to on the Estimate.

3. PAYMENTS

a) Payment for Job: You will make payment through Company. Generally, for repair jobs you will pay upon completion, but you may, from time to time, be asked to make a deposit in advance for larger jobs or for materials. Company, in its discretion, will send you an invoice by email, payable immediately. You may pay repair jobs by credit card, debit card, ACH transfer, check or Zelle. If payment is not made, the amount owed shall incur interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until all amounts owed, including the interest, have been paid in full. In addition, you agree to bear all of our costs of collection, including our attorneys’ fees and other legal expenses.

b) Service Fees: Non-Concierge Customers shall be charged service fees (the “Service Fee”) per Service Order put through the Platform. Company has the authority and reserves the right to determine and modify pricing by posting revised applicable Service Fees to the website. You are responsible for reviewing the applicable Service Fee prior to the submission or acceptance of a Service Order. As a Customer, you shall be responsible for all incurred Service Fees charged under your account regardless of your awareness of such Service Fees or the amounts thereof.

c) Convenience fees: Company will offer the convenience of credit card payments for jobs below $1,000. For jobs above $1,000, Company will add a 3% convenience fee to the transaction if credit card payment is desired. If payment is made by check, Zelle or ACH, no convenience fee will be added.

d) Recurring Services/Auto-Renewal: If you subscribe to the recurring services through Company, the description of the recurring service (monthly subscription) and the cost will be identified on your invoice. If you have previously provided us with a form of payment (such as a credit card), we will automatically charge such form of payment for amounts owed, otherwise Company will send you an invoice which shall be due on delivery.

4. CONNECTED HOME PRODUCTS

The products available on the Website are for personal use only. You may not sell or resell any of the products or samples thereof that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.

a) GEOGRAPHIC LIMITATIONS: The products displayed on the Website can be ordered and delivered only within the United States. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.

b) PRODUCTS, PRICES, TYPOGRAPHICAL ERRORS

All features, specifications, products and prices of products and services described on the Website are subject to change at any time without notice. We reserve the right to make changes or revisions in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or refuse service to any customer.

We attempt to be as accurate as possible when describing our products on the Website; however, to the maximum extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Website are accurate, complete, reliable, current or error-free. In the event that a product is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Company will issue a credit to your credit card account in the amount of the incorrect price.

c) STOCK AVAILABILITY

Company does not stock Connected Home items. While every effort will be made to ensure that items have a short lead-time, we offer no guarantee of availability. Where items are not in stock, we will process a refund for the items we are unable to supply at the price you paid for the goods.

d) CONCLUSION OF A CONTRACT

The Website and the prices shown constitute an invitation to treat (i.e., make an offer) and not an offer capable of acceptance. At all times our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made. We reserve the right to cancel any order at its discretion and at any time before the point of dispatch, including for technical reasons.

e) RISK OF LOSS

All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

5. INTELLECTUAL PROPERTY

The entire content included in the Website, including text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Company. The collective work includes works that are licensed to Company. Copyright 2018, Company ALL RIGHTS RESERVED. All trademarks, service marks and trade names of Company used in the Website are trademarks or registered trademarks of Company. Company trademarks and trade dress may not be used in connection with any product or service that is not Company, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

6. TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, Company may, without prior notice to you, refuse service or immediately terminate or revoke any or all of your rights granted under these Terms of Use. Upon any termination of such rights, you shall immediately cease all access to and use of the Website and Company shall, in addition to any other legal or equitable remedies, immediately revoke all passwords and account identification issued to you and deny your access to and use of the Website in whole or in part. Any termination of your rights hereunder shall not affect the respective rights and obligations (including payment obligations) of the parties arising before the date of termination.

7. MOBILE SERVICES

We do not charge for access to the Website via your mobile phone. However, please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply. Company uses text message and email to schedule, confirm and provide reminders of Service Appointments. You will receive reminders via both methods unless you indicate a preference. If you do not wish to receive text messages, please inform the company and we will remove you from our text message notification system. If you do not wish to receive email notifications, then we cannot support you as a customer because these are required by law for notice .

8. SUBMISSIONS

Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

9. USER CONTENT

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Website, you are entirely responsible for such User Content. Such User Content constitutes a “Submission” hereunder. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (f) constitutes or contains any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass, including advocating harassment of another, entrap or harm any third party, including minors, in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we reserve the right (but not the obligation) in our sole discretion to block, remove, change, condense or delete any User Content that we determine to violate these Terms of Use.

Company does not and cannot review all User Content posted to or created by users accessing the Website, does not endorse any User Content, and does not guarantee the accuracy, integrity or quality of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Website, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content on the Website. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.

10. DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY COMPANY ON AN “AS IS” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO COMPANY’S LIABILITY.

11. INDEMNIFICATION

You agree to indemnify Company, and its directors, officers, employees, agents, independent contractors, service providers and consultants (collectively, the “Company Parties”) from and against any claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of (a) your use of and access to the Website; (b) the services and/or products purchased through the Website; c) your violation of any term of these Terms of Use; (d) your violation of any law or the rights of a third party (including any copyright, property or privacy right); or (e) any claim that any Submission you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Website.

12. LINKS

The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Company is not responsible for the operation of or content located on or through any such site. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or supplier. Linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

13. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act (the “DMCA”) if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please provide Company designated copyright agent with the following written information in accordance with the DMCA:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Company DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is Charles Hadsell, who can be reached as follows:

ePropertyCare Corporation

Address: 32 Cedar St #1, Somerville MA 02143

Attn: Copyright

Email: support@epropertycare.com

14. CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Use refer from us electronically including by e-mail or by posting notices on the Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at support@epropertycare.com and discontinue your use of the Website. In such event, all rights granted to you pursuant to these Terms of Use shall automatically terminate. Unfortunately, we cannot provide the benefits of the Website to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

15. REMEDIES

You agree that Company remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that Company shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Company may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees.

No right or remedy of Company shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by Company of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.

16. APPLICABLE LAW

The Website is created and controlled by Company in the State of Massachusetts. As such, the laws of the State of Massachusetts will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

a. DISPUTES

Any dispute relating in any way to your visit to the Website or to the products you purchase through the Website shall be submitted to confidential arbitration in Boston, Massachusetts; providedhowever, that to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms of Use must be filed within one year after such claim or cause of action arose or be permanently barred.

b. SEVERABILITY

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

c. CONSTRUCTION

The titles of the sections of these Terms of Use are for convenience of reference only and are not to be considered in construing these Terms of Use. Unless the context clearly requires otherwise, “or” has the inclusive meaning frequently identified with the phrase “and/or,” and “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation”.

17. CONTACTING US

Please send any questions or comments (excluding inquiries related to copyright infringement) regarding the Website to the following:

ePropertyCare Corporation

Attn: Support

Email: support@epropertycare.com