TERMS AND CONDITIONS OF USE

LAST MODIFIED ON: August 1, 2022

These Terms and Conditions of Use are entered into by you and Future-Proof Services, LLC d/b/a Future Proof of Property (the “Company”), along with all of the Company’s third party vendors (“Affiliates”), providing the Company websites, the Services, and all associated features owned or controlled by the Company or its Affiliates (the “Site”). The Company provides photo and storage services for property owners to use to prepare or recover from future property losses (the “Services”), which are all provided subject to the terms of these Terms of Conditions of Use. By submitting information to, accessing information from, and otherwise using the Services, you, the end user customer (“You” or “User”), agree to the terms and conditions contained in these Terms and Conditions of Use. These Terms and Conditions of Use includes, and hereby incorporates by reference the Company’s Privacy Policy which can be found on the Site. These Terms and Conditions of Use are collectively, with all additional agreements relating to the Site and Services, called the “Agreement.”

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU FURTHER REPRESENT THAT YOU HAVE THE POWER, RIGHT, AND AUTHORITY TO AGREE TO AND BE BOUND BY THIS AGREEMENT. WHEN YOU USE THE SITE AND THE SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SITE AND SERVICES. THE COMPANY RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME, WITHIN ITS SOLE DISCRETION. IN THE EVENT THE COMPANY MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE SITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR EXPRESS ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT TO THIS AGREEMENT.

All questions concerning this Agreement should be directed to: Future-Proof Services, LLC, Attention: Manager, 2319 Yorkshire Street, Fort Collins, CO 80526.

1. USE OF SITE AND SERVICES.

1.1       Purpose. You engage the Company to take photographs and videos of real and personal property located at the Property Address designated by You in the Booking information. The Company provides the images to Users, and, at the User’s option will store the original encrypted images in private long-term cloud-based storage in the event they are needed in the future. Subject to the Agreement, the Company provides the Services to Users, including hosting and maintaining the Site, facilitating bookings of Services, and storing images and files. The Company uses third party vendors for creating reservations for bookings, the processing of payments, collection of property information, the storage of images and files, and related functions. The Company shall be responsible for (i) taking abundant photos and videos of the Property and giving specific attention to capturing images requested by You with respect to the Property; and (ii) delivering a Certification Report and copies of all images taken of the Property to You within 48 hours of receiving payment in full.

 

1.2       Bookings. All “Bookings” for the Services will be through the Site. Once booked, You many not cancel any Service without 48 hours prior written notice to the Company. Any deposit made by Users shall be non-refundable for any cancellation or notice to reschedule the Services without 48 hours prior written notice. The Company may, in its sole discretion, reschedule any Service if conditions are hazardous to its personnel, or low temperatures compromise equipment function, without any liability for refunds of Booking fees. The Booking fee is refundable You are not able to schedule a time to make up for the cancelled appointment.

 

2. FEES AND PAYMENT. The fees for the Services shall be based on the information provided by Users when making a Booking and providing information on the Property. All fees are subject to the Company’s standard pricing at the time the Services are completed, regardless of when the Booking was made. You understand and agree that the Fee stated when You make a Booking is only an estimate and is subject to change if any factors change with respect to the nature and quality of the Property and work Company is required to perform, or if the project requires the Company personnel to work under circumstances requiring additional precaution including, but not limited to, extremely delicate items or areas that restrict free movement of the team, items that must be moved in order to photograph or video them, the Property contains hazardous conditions or animals, or other unanticipated situations or circumstances exist. In the event that Company personnel has reached the estimated fees and the Services have not been completed, You agree that the Company may complete the Services even if the fees will exceed the initial estimates. You further agree to pay all fees above any estimate. All invoices for Services will be due and payable within 15 days of Your receipt of such invoice. Company will charge Users a charge of 1.5% monthly interest (18% per annum) for any unpaid balance owing to the Company, until all fees and interest is paid in full. If you have provided a designated payment method for the Company to charge for any fees or deposits, you acknowledge and agree that Company or its Affiliates will charge your designated payment method for the fees incurred as described above. All charges are non-refundable, except as otherwise required by applicable law. You also acknowledge and agree that the Agreement provides a dispute resolution process as a way for You to resolve disputes. To the extent permitted by applicable law, You therefore agree not to ask your credit card company, bank, or other payment method provider to charge back any fees charged pursuant to the Agreement for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Agreement. If You initiate a chargeback in violation of this Agreement, You agree that Company or its Affiliates, may dispute or appeal the chargeback and institute collection action against You, and take such other action it deems appropriate.

 

3. USER RESPONSIBILITIES. Company merely takes photographs and images of the User’s real and personal property (collectively, the “Property”) as designated by the User. Users are responsible for: (i) Providing access to the Property; (ii) Removing all safety hazards, interfering pets, and other items that cause undue danger to the Company’s personnel or cause delay in the process of completing any project; (iii) making items to be photographed or videoed fully visible and accessible to the Company personnel; (iv) removing items and collections from boxes, safes, or other storage containers, and arranging them for photographing; (v) working cooperatively with the Company to promptly address any questions or concerns the Company’s personnel might have; (vi) strictly complying with any requirements, orders, or requests made of User by authorities or courts of any kind with regards to the subject matter of the Services, and promptly informing the Company of any such requirements or requests; and (vii) providing the Company as well as any authorities of any kind with full and truthful information, and updating such information as necessary. All Company personnel have the right to vacate any property where they feel unsafe or threatened in any way. You acknowledge and agree that Company personnel are not permitted to climb on ladders; crawl into spaces; lift, move, rearrange, clean, or stage personal property; use or bring personal phones, cameras, or recording devices to the Property; or allow non Company personnel to use or handle Company equipment. You further acknowledge and agree that Company personnel will not open drawers and doors on furniture unless instructed to do so by You, and if You so instruct, You thereby assume all risk and liability for any damage or injury from the opening of drawers and doors on furniture. You shall be responsible for having adequate insurance coverage for the Company’s access to the Property and any injuries resulting therefrom. You understand, acknowledge, and agree that if You fail to comply with this Agreement, the Company is under no obligation to complete the Services and You are still obligated to pay all Fees for time spent by the Company under this Agreement.

 

4. USER PROPERTY AND CONTENT. You shall not use the Site or the Services to post or transmit content (a) intend to collect personal or personally identifiable information third parties; (b) that violates or infringes upon the rights of any third party, including, without limitation, intellectual property and privacy rights; or (c) that constitutes fraud. You warrant that You own all rights in and to the Property, or are otherwise authorized to use the same. Company shall have no obligation to verify the accuracy or ownership of any Property. By submitting information, Property, and content to the Company or as part of the Services, you grant the Company a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use, reproduce, adapt, perform, display, publish, translate, modify, distribute, sell, and take any other action with respect to the images of Your Property for the customary and intended purposes of the Services. The Company shall have sole authority to choose the manner in which any Booking will be received, the details of any Service. The Company reserves the right to deny Services related to any Property, or refuse Services to anyone at any time in its sole discretion.

 

5. CUSTOMER WARRANTY. YOU represent warrant and covenant that You have the legal right to the Property, that You have the legal right and power to provide others with access and permission to the Property, to take images of the Property, and to display the same. Company may terminate the Services immediately if it learns at any time that You do not have such Property rights. YOU ARE SOLELY LIABLE FOR ANY AND ALL DAMAGES RELATED TO ANY BREACH OF YOUR WARRANTIES. YOUR REPRESENTATIOSN AND WARRANTIES CONTAINED HEREIN ARE TRUE AND CORRECT FOR THE ENTIRE DURATION OF THE PROJECT AND SO LONG AS ANY PROPERTY IMAGES ARE STORED PURSUANT TO THIS AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE COMPANY MAY PURSUE ALL LEGAL REMEDIES AVAILABLE TO IT FOR YOUR BREACH OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN.

 

6. RELATIONSHIP OF PARTIES. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, or employer-employee relationship between Company and a User. Company is solely responsible for and has complete discretion with regard to performance of the Services.

 

7. RECORDS. The Company will provide Users with access to all images and files of the Property through its third-party provider, Sync.com. All access, storage, and use shall be subject to the terms and conditions of the Company’s Affiliate. Nothing in this Agreement requires or will be construed as requiring Company to maintain any specific records for Users, to supervise or monitor a User’s or Affiliate’s compliance with this Agreement or other terms of service for information storage. You are solely responsible for the storage, and backup of any records provided to you by the Company. This Agreement and any booking for or subsequent use of the Services will not be construed as creating any responsibility on Company’s part to store, backup, retain, or grant access to any information or data for any period. In connection with this Agreement, you may be entitled to receive, or we may otherwise provide, certain records from the Company or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Services, you give us permission to provide these records to you electronically instead of in paper form.

 

8. INTELLECTUAL PROPERTY. The Company is the owner of all rights in and to the Site and Services, and all associated content, including, but not limited to, design rights, trade dress, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights (the “Content”). All information and Content obtained from the Site and Services, and any other information otherwise made available by the Company is proprietary to the Company and its licensors, and is protected by copyright and other United States and international intellectual property rights, laws, and treaties. You are expressly prohibited from using the Site for any purposes not stated in this Agreement. You are prohibited from using the Company’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Site are the property of their respective owners. You agree that you will not use any images generated by te Company of the Property You agree for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content, reports or images generated by the Company for or in connection with any other service or device. You shall not modify, merge, decompile, disassemble, translate, decode, circumvent, or reverse engineer any portion of the Content, reports, or images generated by the Company.

 

9. NO WARRANTY. YOU AGREE NOT TO RELY ON THE SITE, THE COMPANY, OR THE SERVICES, ANY INFORMATION ON THE SITE, OR THE CONTINUATION OF THE SITE. THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USER’S SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION WITH THE SERVICES SHALL BE A REFUND OF ANY FEES PAID TO THE COMPANY.

 

10. LIMITATION OF LIABILITY. Company is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Agreement or the Services, including, but not limited to: your use of or your inability to use the Site, the Services, or any related services of our affiliates; delays or disruptions in the Site or Site Services; viruses or other malicious software obtained by accessing, or linking to, the Site, Services, or Affiliate provided services; glitches, bugs, errors, or inaccuracies of any kind; damage to your Property as a result of using the Services; the content, actions, or inactions of third parties; a suspension or other action taken with respect to your Booking; your reliance on the quality, accuracy, or reliability of any Content, reports or images; and your need to modify storage, Property, or behavior or your loss of or inability to do obtain any coverage, as a result of the Services.

ADDITIONALLY, IN NO EVENT WILL COMPANY, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, LOSS RECOVER, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF COMPANY, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED ANY FEES RETAINED BY COMPANY WITH RESPECT TO THE SERVICE. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

In addition to the recognition that Company is not a party to any contract between You, any Property insurer, or other third party, you hereby release Company, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with any such third party or insurer, whether it be at law or in equity that exist as of the time you enter into this agreement.

11. INDEMNIFICATION. You will indemnify, defend, and hold harmless Company, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Services by you including any payment obligations or default incurred through use of the Services; (b) any User Content developed, provided, or otherwise related to your use of the Services; (c) any misrepresentation, fraud, or trespass related to the Property; (d) failure to comply with the Agreement by you or your agents; (e) failure to comply with applicable law by you or your agents; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) defamation, libel, violation of privacy rights, or infringement of any property rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 12, your agents includes any person who has apparent authority to access or use your Property. “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against the Company or a third party related to this Agreement.

 

12. TERM AND TERMINATION. This Agreement will remain in full force and effect until the expiration of the Service, or as otherwise provided in this Agreement. The Company reserves the right to terminate your use of the Services at any time without prior notice. Upon termination, the Company shall have no obligation to maintain or forward any content on your account. In addition, the Company pay require additional evidence of your compliance with the terms of this Agreement if you are alleged to have submitted information or content in violation of this Agreement.

 

13. ASSIGNMENT; SEVERABILITY. You may not assign or transfer any of your rights or obligations under this Agreement. The Company may assign its rights and obligations under this Agreement at any time, without notice, including but not limited to in a sale of the Site or Services. If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

14. GOVERNING LAW; VENUE. The parties agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Larimer County, Colorado and pursuant to Colorado law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement. This Agreement is deemed to have been negotiated, executed, and performed exclusively within Larimer County, Colorado. YOU UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.

 

15. ENTIRE AGREEMENT. This Agreement, and all of its incorporated agreements as referenced above, constitute the entire agreement between the parties with respect to the use of the Site and the Services. You acknowledge and agree that this Agreement remains effective in addition to any other terms of use agreement you agree to with any other third party.

 

16. NO WAIVER; RESERVATION OF RIGHTS. No term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. All rights not expressly granted herein are reserved to the Company.