Terms of Website Use
Your usage of this Website and/or purchase of any services therefrom are governed by these Terms and Conditions of Website Use and Product Purchase, which may be updated and amended by Multitaskr from time to time (hereinafter, “Terms”). Your usage of this Website in any capacity and/or the purchase of any services therefrom constitutes Your acceptance and consent to be bound by these Terms. If You do not wish to accept these Terms, You must immediately cease usage of this Website and not use or purchase any services from this Website. These Terms apply to Your use of this Website, any order You place through this Website, and Your use of any services purchased from this Website. You agree that Multitaskr, in its sole discretion and at any time, may modify, discontinue, or suspend operation of this Website or any portion thereof and/or any services offered thereon, temporarily, or permanently, without notice to You. You expressly agree that these Terms do not create any right for You to perpetually access this Website or any information or services contained therein, and that Multitaskr is not liable to You for any actions it may take in continuing or suspending operations of this Website or any portion thereof, and/or any services contained therein.
- Content Disclaimer. Your use of this Website is subject to the additional disclaimers and caveats that may appear throughout this Website. Multitaskr and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the information, services, or other material on this Website. While Multitaskr strives to keep the information on this Website accurate, complete, and up to date, Multitaskr cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on this Website.
- Links to Third-Party Sites. This Website may include or provide links to other websites, advertisements, offers, activities, or other content, which is not owned, controlled, or otherwise influenced by Multitaskr. Some information available through this Website may be subject to the applicable terms, conditions, and disclosures of third parties. Any provided third-party materials containing information related to third parties is provided for Your reference and convenience only, and does not imply any endorsement, sponsorship, or recommendation by Multitaskr. Multitaskr makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites or other content. You agree that Multitaskr has no responsibility or liability for the availability of such third-party sites or other content.
- Disclaimer of Warranties With Respect to Use of Website. This Website is provided on an “as-is” and “as-available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Multitaskr expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. While Multitaskr uses reasonable efforts to include accurate and up-to-date information on this Website, Multitaskr does not make any warranty that this Website will meet Your requirements, or that access to this Website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Multitaskr makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality, or reliability of any information obtained through this Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Website is used at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from Multitaskr or through this Website shall create any warranty not expressly made herein.
- Ownership and Intellectual Property. This Website is owned and operated by Multitaskr. All rights, title, and claims to the content and information used on this Website are the property of Multitaskr, and/or its authorized agents, partners, affiliates, subsidiaries, or other third-party partners. With the exception of the limited license to You described in this provision, nothing on this Website is intended to create any transfer of any ownership and intellectual property rights to You, and You acknowledge and agree that the information and content available through this, including but not limited to, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or to create derivative works based on this Website and/or any content or information available on this Website. You are granted a non-exclusive, non-transferrable, revocable, limited license to view, copy, and print content and information on this Website for the limited purposes of using this Website as a shopping and informational resource related to the services contained on this Website; You may not copy or use the content or information from this Website for any other purpose. You may not copy, reprint, redistribute, modify, or sell information or content retrieved from this Website for any commercial purpose or provide it to another commercial source without the express and prior written consent of Multitaskr. Any rights not granted herein are expressly reserved to Multitaskr.
“Multitaskr” is a trademark of Modern Market Technologies, Inc., and is filed and pending registration by the USPTO. All other trademarks and service marks displayed on this Website are the property of either Multitaskr or their respective owners. You may not use or display any trademarks or service marks owned by Multitaskr without Multitaskr’s prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners.
Terms of Service
- Services. Submitting a purchase for a Multitaskr Project Development Plan (“PDP”) through the Website constitutes an offer by you to purchase Multitaskr’s services (hereinafter, “Order”). Multitaskr reserves the right to decline Your Order through the Website without giving any reason to You. Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. Be advised that Multitaskr reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an Order has been submitted, after it has been confirmed, or after Your credit card associated with an Order has been charged. If we discover an error after Your credit card has been charged and Your Order is cancelled as a result of the error, Your credit card will be refunded the full amount of Your Order.
Multitaskr will supply the services specified in Your PDP in accordance with these Terms and with reasonable skill and care as is standard in the industry. Multitaskr will use reasonable efforts to meet any performance dates specified in Your PDP, but any such dates shall be estimates only and time for performance by Multitaskr is not of the essence with respect to delivering the services relating to Your PDP. Multitaskr 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. Multitaskr reserves the right to refuse to perform any services if, in Multitaskr’s opinion, the services would pose unacceptable risks to You, Multitaskr personnel, and/or other third parties, or if performance of our obligations is prevented or delayed by any act or omission by You, Your agents, subcontractors, consultants, and/or employees. In such instance, without prejudice to any other right or remedy Multitaskr may have, Multitaskr will be allowed an extension of time to perform the services relating to the PDP equal to the duration of such time period of prevention and/or delay. Multitaskr will not be responsible for any non-conformance which is caused by use of the services contrary to Multitaskr’s instructions, or modification or alteration of the services by any party other than Multitaskr or its duly authorized contractors or agents.
The Virtual Floor Plan (“VFP”) services offered by Multitaskr are powered by MatterPort’s VFP technology, and the usage of MatterPort is governed by the terms and conditions set forth at https://matterport.com/legal. By purchasing a PDP, You agree to be bound by those terms.In order to deliver services, Multitaskr will need to access Your residence and take video and/or pictures of the entire premises. You agree to provide Multitaskr with the necessary access to Your 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 Your PDP. You agree to allow Multitaskr and/or any of its affiliates, partners, suppliers, vendors, and subsidiary entities, to use any Recordings for marketing purposes for the promotion of Multitaskr 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. You authorize Multitaskr 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 Your name, biographical information, and geographic location of delivery of Your purchased services in connection with such Recordings, for the marketing and promotional purposes defined herein. You agree that all Recordings are the property of Multitaskr and that You will have no right to inspect or approve any of the Recordings or use thereof by Multitaskr. You agree to release Multitaskr from all claims and liability relating to the Recordings, including any personal or proprietary rights You may have in the Recordings and/or uses thereof. Further, You 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 You paid for the services; or, ii) one dollar. You may opt-out of this consent and release by notifying Multitaskr in writing, at the address provided in §22 of these Terms (“Notice.”), within seven (7) days of the date You executes a PDP.
Some services offered by Multitaskr may require the use of an unmanned aerial vehicle or “drone” during the course of performing the services. For all services utilizing a drone, Multitaskr 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 You is available to You upon request.
You expressly acknowledge that in order for Multitaskr to deliver PDP-related services, You must provide for Multitaskr, our agents, subcontractors, consultants, and/or employees, access Your property where the services are to be performed. You agree to provide Multitaskr with such access, and further agree to inform Multitaskr of all relevant health, safety, and/or security hazards or other issues that may exist at the location of the delivery of the services comprising Your Order. You represent that You have not and will not misrepresent to Multitaskr the nature of Your intended use of the services comprising Your Order.
After completion, your PDP will be delivered to You in the following formats:
- 2-D floor plans – PDF file to be delivered via email to Your provided email address.
- 3-D renderings – a link to images of these renderings will be delivered via email to Your provided email address.
- Virtual Floor Plan – a link to download the VFP will be delivered via email to Your provided email address; You must download the VFP within sixty (60) days from receipt of the email containing the link to access the VFP. After that time, any subsequent access requested by You to the VFP will be at a cost of $25; upon receipt of payment, Multitaskr will email You another download link for the VFP, which will remain accessible for thirty (30) days from the date You receive that email.
- The estimated scope of work provided by Multitaskr for Your PDP will remain valid for forty-five (45) days; thereafter, Multitaskr would need to re-estimate any projected costs referenced in the estimated scope of work for Your PDP.
- Payment. Your payment information will be requested during the purchase process for services through the Website, and You will have available the payment options listed upon the Website at the time You place Your Order. You warrant that the payment information You provide is accurate and truthful, and You are solely responsible for any costs related to inaccurate payment information provided by You to Multitaskr for Your Order. Any costs related to Your Order will be inclusive of applicable taxes where required by law.
- Assignment and Delegation. Multitaskr may assign, delegate, and or subcontract any portion of or the entirety of its obligations under these terms without Your prior consent; the delivery of the services to effectuate Your PDP may be performed by Multitaskr and/or any of its subsidiaries, affiliates, agents, partners, subcontractors, or its other authorized representatives.
- Cancellation and Refund Policy. To cancel the PDP and request a refund, You must notify Multitaskr in writing to the address set forth in §22 of these Terms (“Notice.”), postmarked within three (3) days of the date You purchased the PDP. On such written notice to Multitaskr, You must include Your name, Your address, the date You ordered Your PDP, and the reason(s) why the You are requesting to cancel the PDP. In the event You cancel the PDP pursuant to this §11 (“Cancellation and Refund Policy.”), Multitaskr will refund to You the purchase price You paid for Your PDP; in no other circumstances will You be able to receive a refund and/or any exchange of services.
- DISCLAIMER OF WARRANTIES. THE MATERIALS AND 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, MULTITASKR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THE SERVICES AND THE MATERIALS HEREIN ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS STILL THE USER RESPOSIBILITY TO CAREFUL READ AND INSPECT ANY SERVICE OR PRODUCT YOU PURCHASE THROUGH OUR APPLICATIONS UPON YOUR RECEIPT TO DETERMINE SAEFTY AND APPRORPIATENESS FOR YOUR CONSUMPTION OR USE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MULTITASKR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESSITS OF THE USE OF THE MATERIALS AND/OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT MULTITASKR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MULTITASKR, ITS SUPPLIERS, AFFILIATES, 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 (1) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ANY SERVICES PURCHASED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR THIS WEBSITE. In no event will Multitaskr’s liability for any and all claims of any kind arising as a result of or related to these Terms and/or Your usage of any Multitaskr SERVICES, and/or any obligations, to any act ARISING HEREUNDER, or ANY omission OR FAILURE TO ACT, exceed the value of the actual purchase price paid by You to Multitaskr for MULTITASKR SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENTS, FACTS, AND/OR CIRCUMSTANCES GIVING RISE TO ANY SUCH CLAIMS.
- Indemnification. You agree to indemnify and hold harmless Multitaskr, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with Your use of this Website or Services; information You submit or transmit through this Website; Your breach of these Terms; and Your connection to this Website.
- 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.
- Limitations of Actions Brought Against Multitaskr. You agree that any claim or cause of action arising out of Your use of this Website or these Terms must be filed within one (1) year after such claim or cause of action arose or it will forever be barred, notwithstanding any statute of limitations or other law to the contrary.
- Applicable Law; Dispute Resolution; Class Action Waiver. These Terms and the resolution of any dispute related to these Terms, this Website, or products You purchase through this Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that any dispute relating to these Terms which the parties are unable to resolve shall 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. 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. You do 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. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MULTITASKR IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive 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. You agree that the only damages to which You will be entitled shall be Your actual damages associated with these Terms. Said arbitration shall occur exclusively in the city and county of San Diego, California.
- Remedies. In order to avoid irreparable injury to Multitaskr, in the event of any breach or threatened breach by You of the provisions of these Terms, Multitaskr will be entitled to seek an injunction and/or other equitable relief restraining You from such breach. Nothing in these Terms shall be construed as prohibiting Multitaskr from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
- Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT,” or such similar links as may be designated by Multitaskr on the Website, You accept the terms and conditions of these Terms. You further acknowledge that in doing so, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through this Website. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- Force Majeure. Multitaskr will not be liable for any delay due to circumstances beyond its control including strikes, casualty, or general unavailability of necessary personnel or materials. Any starting or completion dates of the services stated by Multitaskr will be subject to clarification of all required technical and logistical details. In the event of strikes, lockouts, delayed shipments by suppliers or subcontractors, or other causes hindering punctual completion for reasons that Multitaskr is not accountable for, Multitaskr shall be entitled to extend the completion date of the services by a reasonable amount of time in order to adjust to the circumstances hindering punctual completion.
- Modifications to these Terms. Multitaskr may make changes to these Terms from time to time in its sole discretion, by updating these Terms on this Website without notice to You. Your continued use of this Website following the posting of a new version of the Terms constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by Multitaskr on this Website. Multitaskr may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third-party at our discretion. No delay by Multitaskr in exercising any right or remedy under these Terms will operate as waiver of that right or remedy or will otherwise affect Multitaskr’s ability to subsequently exercise that right or remedy; any such waiver must be agreed to by Multitaskr in writing.
- Notice. Multitaskr may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Multitaskr, with such notice deemed given when received by Multitaskr, at any time by emailing us at firstname.lastname@example.org, or by certified mail to:
Multitaskr2576 Catamaran WayChula Vista, California 91914