Service Agreement
Welcome to InvestorBootz.com (our “Website”), owned and operated by InvestorBootz, LLC (“InvestorBootz”). By placing an order for Services (as defined below) through our Website, you agree to be bound by this Service Agreement (the “Contract”). This is a legally binding agreement. If you do not agree with the terms of this Contract, you should not use the Website, or request any Services offered through the InvestorBootz Website.
The terms of our:
Terms and Conditions, found here https://investorbootz.com/terms-and-conditions/
Privacy Policy, found here https://investorbootz.com/privacy-policy/
Cookie Policy, found here https://investorbootz.com/cookies-policy/
are incorporated into the terms of this Contract as though fully set forth herein.
Services
By placing an order for Services, you (our “Client”) are requesting InvestorBootz to manage and order certain services from third-parties for the benefit of Client (the “Services”) which may include the following upon request: boots-on-the-ground™ property services, property condition photography, lockbox installation and removal, property inspections, sign placements, document delivery, notary services, video walkthroughs, occupancy checks, property showings, and other related field services that support real estate transactions and property management.
Such Services shall be submitted through our Website. Each request for additional Services shall be deemed a “Work Order.”
Contractor Relationship
InvestorBootz shall have the right to hire vendors (in each case, a “Contractor”) to perform the Services stated in the Work Order. InvestorBootz shall have no control or supervision over the particular manner or method by which Contractors accomplish the performance of the Services, such matters being in the exclusive charge and control of the Contractor. Client acknowledges that Client shall provide utility services as are reasonably necessary for the performance of the Services indicated in the applicable Work Order.
Client hereby acknowledges and agrees that InvestorBootz does not:
Perform Services itself.
Supervise, scope, direct, control or monitor Contractors’ performance of the Services.
Provide tools or supplies to, or pay any expenses of, Contractors.
Have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the Services.
Furthermore, Client acknowledges that InvestorBootz does not independently verify that Contractors have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform the Services. Clients are solely responsible for determining if a Contractor has the skills and qualifications necessary to perform the specific Service and confirming that the contractor has obtained all required licenses, permits, or registrations, if any.
Contracting Vendors
By submitting a Work Order through the Website, Client expressly provides InvestorBootz with the authority to enter into one or more contracts with Contractors for the benefit of the Client to perform the Services requested in the respective Work Order. Client acknowledges and agrees to pay any and all invoices associated with the hiring of Contractors by InvestorBootz for the benefit of the Client. Such invoices must be paid prior to InvestorBootz having any obligation to hire a Contractor to perform such Services.
Dangerous Conditions
To the extent Client is aware of any dangerous conditions to the property where Services are to be provided, Client shall disclose in writing all known hazards (e.g., structural defects, aggressive animals, crime activity, biohazards, utilities off) that are known to the Client.
Client agrees to defend, indemnify and hold InvestorBootz and its managers, members, employees, contractors, and authorized agents harmless from claims, causes of action, damages, injuries to persons or property, fees, costs, expenses and other liabilities arising out of such conditions where Services are performed except to the extent caused by InvestorBootz’s gross negligence or willful Misconduct.
InvestorBootz and Contractors may decline, pause, or terminate Services if it is determined by the Contractors or InvestorBootz that conditions are unsafe, unlawful, or materially different than described by Client. If the Services are paused or terminated for safety or access issues not caused by InvestorBootz, Client shall be subject to a remobilization fee and any additional trip charges charged by the Contractors.
Client Representations and Warranties
By placing an order for Services, Client represents and warrants the following to InvestorBootz:
Authority to Request Services
Client represents and warrants that it has full legal right and authority to request the Services at each service location (including any occupied property), the ability to grant access to the property where Services are to be performed, and to authorize installation of any devices (e.g., lockboxes, signage) if requested by Client. Upon request, Client will provide written proof of authority. Client will ensure all notices to occupants or tenants required by law or contract are delivered pursuant to applicable law before the scheduled visit.
Locksmith Services and Forced Entry
By making a request for Services that includes locksmith services or authorizes forced entry, Client represents and warrants that it has lawful authority to direct such entry and has satisfied all legal prerequisites (e.g., required notices, consents, and/or court orders). Client is solely responsible for any fees, damages, or claims arising from such entry and shall defend, indemnify and hold InvestorBootz and its managers, members, employees, contractors, and authorized agents harmless against the same.
Occupant and/or Tenant Notification
Client is solely responsible for notifying all occupants or tenants of the performance of such Services and for complying with legal prerequisites for Contractors to obtain access. Contractors will not engage in eviction activity, confrontations, or legal advisement, and may leave immediately if confrontation arises. Waiting-time and return trip charges may apply.
Client Availability
The Client promises to be reasonably available to InvestorBootz if InvestorBootz has questions regarding their Work Orders and the Services, and to provide timely feedback and decision-making, if necessary.
If the Client is not available or cannot be contacted at the information provided by Client when a Work Order is in process and a vendor cannot complete the Services, Client may be charged remobilization fees if a Contractor has to come back out to the location to perform their respective Services. Client acknowledges that they are responsible for these fees and agrees to pay them.
Modifications to Contract
This Contract shall not be modified or amended without the express written consent of both parties.
Expenses
In the normal course of business, InvestorBootz will make reasonable efforts to obtain prior approval from the Client for any fees for Services provided from third parties (e.g., locksmith, lawn service, handyman). However, in the event that the Client is unreachable within a reasonable time frame and prior approval cannot be obtained, InvestorBootz reserves the right to approve fees necessary to ensure the completion of the Services requested by the Client. The Client agrees to reimburse InvestorBootz for any out-of-pocket expenses related to third-party goods or services associated with the requested Services.
Payment Methods
Payment will be made to InvestorBootz via credit card, ACH transfer or by any other payment method determined by InvestorBootz to be acceptable.
Payment Processor
All credit card and/or account payment information is securely stored with our payment processor. InvestorBootz does not have access to any of this data and does not store it. You can find the Terms and Conditions, Privacy Policy and Cookie Policy for our payment processor here:
Payment
Client shall be required to pay all invoices at the time of submitting a Work Order. The Client acknowledges that all amounts must be paid before InvestorBootz is required to commence any Work Order.
Late Fees and Collections
In the event that the Client fails to make payment by the due date specified on the invoice, if any, a late fee may be applied and the account will be placed on hold until paid in full. The late fee will be added to your invoice the next business day after it’s due and shall be calculated as 5% of the total outstanding balance for that invoice, with a maximum late fee charge per invoice not exceeding 5%.
If any payment remains outstanding for 30 days past the due date, the amount due to InvestorBootz shall begin to accrue interest at the maximum legal rate. Additionally, InvestorBootz shall have the discretion to transfer any delinquent account to a third-party collections agency. The Client agrees that it shall be responsible for any costs associated with the collection of overdue amounts.
InvestorBootz reserves the right to suspend or terminate Services until all outstanding balances, including late fees and accrued interest (if applicable), are settled in full.
Cancellation Policy
Canceling or rescheduling an order within 1 hour of the confirmed date & time of service may result in a cancellation fee of $30.00. However, this fee can be waived if due to inclement weather.
No Refund Policy
All sales are final. We do not offer refunds for any products or Services provided, however price reductions and refunds may be considered on a case-by-case basis and will be subject to our discretion.
Document Release Waiver
If any of the Services include the notarization or recording of original documents, then this section shall apply. Client hereby acknowledges and agrees to the following terms and conditions regarding the submission of original documents to InvestorBootz for recording at county recorder’s offices:
Client understands that it is necessary for InvestorBootz to receive and process original documents (i.e., ink-signed documents) in order to protect my financial interests in the property mentioned in said documents.
I acknowledge that the submission of original documents involves certain risks, including but not limited to loss or misplacement during transit or while in possession of InvestorBootz’ notary.
Client agrees that InvestorBootz, its employees, agents, and representatives shall not be held liable for any loss, damage, or misplacement of the original documents.
Client understands that InvestorBootz will take reasonable precautions to ensure the safe handling and processing of the original documents, but I acknowledge that unforeseen circumstances may occur.
I, the Client, hereby release, discharge, and hold harmless InvestorBootz, its employees, agents, and representatives from any and all claims, demands, liabilities, actions, or causes of action arising out of or related to the loss, damage, or misplacement of the original documents.
This document release waiver shall be binding upon me and my heirs, successors, assigns, and legal representatives.
Non-Disparagement Clause
During the term of this Contract and at all times thereafter, neither Client nor any person or agent acting through Client shall directly or indirectly issue or communicate any public statement, or statement likely to become public in any medium of communication, that maligns, denigrates or disparages the InvestorBootz or any of the InvestorBootz’s officers, directors, contractors, employees or representatives.
The foregoing shall not be violated by truthful responses to:
Legal process or governmental inquiry.
Private statements to InvestorBootz or any of InvestorBootz’s officers, directors or employees (provided such statements are made in the course of carrying out duties pursuant to this Agreement).
Non-Circumvention Clause
Client acknowledges that Client shall not:
Ask or encourage InvestorBootz’s vendors to move current, future or repeat Services off of the Website.
Click on links of other websites or platforms submitted by InvestorBootz’s vendors for the performance of the Services off of Website.
Solicit discounts from InvestorBootz’s vendors to provide the Services at a location other than the Website.
Cancel current or future Services to rebook such Services off the Website.
If any vendor asks you to do any of the foregoing, you shall provide immediate notice to InvestorBootz.
Mechanic’s Liens
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Disclaimer of Warranties
The Services provided by InvestorBootz are provided on an “as is,” “where is” and “as available” basis without any warranties of any kind, whether express or implied. The InvestorBootz does not monitor, control or vet the Contractors, as such your use of the Services is at your own risk and discretion. To the fullest extent permitted by applicable law, InvestorBootz disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non infringement.
InvestorBootz does not warrant or represent that:
The Services will meet your requirements or expectations.
The Services will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the Services will be accurate or reliable.
The reliability of the Services received by the Contractors.
The quality, accuracy or completeness of any products, Services, information, or other material purchased or obtained by you through our platform.
Any errors in the Services will be corrected.
No advice or information, whether oral or written, obtained from InvestorBootz or through the Services, will create any warranty not expressly made herein.
You acknowledge and agree that your use the Services at your own discretion and risk, and that you will be solely responsible for any damages that result from the use of the Services.
Notwithstanding the foregoing, if a warranty is provided by any third party hired by InvestorBootz for the benefit of Client, InvestorBootz shall assign and transfer any such warranties that it may obtain in connection with the performance of Services for Client’s benefit, provided that InvestorBootz is not representing or warranting that the Services have a warranty.
Hold Harmless Agreement
By using the Services provided by InvestorBootz, you agree to indemnify and hold harmless InvestorBootz, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise directly or indirectly from:
Your use of the Services.
Your violation of the terms of this Contract.
Your violation of any rights of a third party, including but not limited to intellectual property rights or privacy rights.
The conditions of the property or premises in which the Services are performed.
Any injuries sustained to persons or property as a result of the Services.
Any content or materials provided by you or through your account.
Any negligent or wrongful act or omission by you or any person accessing the Services using your account.
Any dispute between you and any other user or third party arising from or related to the Services.
You agree to cooperate fully in the defense of any claim and to indemnify InvestorBootz for any losses, costs, or damages incurred as a result of your failure to cooperate with such defense.
This hold harmless agreement shall survive the termination or expiration of this agreement and your use of the Services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall InvestorBootz, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for lost profits, lost revenue, lost data, loss of business opportunity, interruption of business or other intangible losses, whether such damages arise in contract, tort (including negligence), strict liability, or otherwise, even if client has been advised of the possibility of such damages, where such damages arise out of or relate to:
The use or inability to use the Services.
Any content or materials accessed or downloaded through the Services.
Any unauthorized access to or alteration of your transmissions or data.
Any conduct or content of any third party on the Services.
Any statements or conduct of any third party.
Any other matter relating to the Services.
The total liability of InvestorBootz and its affiliates, officers, directors, employees, agents, and licensors arising out of or in connection with the services shall not exceed the amount paid by you, if any, to InvestorBootz for the Services during the four (4) month period prior to the event giving rise to such liability.
Arbitration
If any controversy or dispute arising from or relating to this Contract, the Website or the Services cannot be resolved through mutual agreement, the sole means of resolving the controversy will be binding arbitration administered by the American Arbitration Association (“AAA”) in Los Angeles, California in accordance with the AAA’s then-existing Commercial Arbitration Rules.
You acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between us determined by a court of law or equity or by a jury.
Opt-Out Provision
You may opt out of this Arbitration provision for all purposes by sending an arbitration opt out notice to InvestorBootz, 9452 Telephone Road, # 167 Ventura CA 93004, within 30 days of the date of your electronic acceptance of the terms of this Contract. The opt out notice must clearly state that you are rejecting arbitration; identify this Contract to which it applies by date; provide your name, address, business name; and be signed by you.
Class Action Waiver
You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND THE BUSINESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Federal Arbitration Act
The Parties intend for this article to be enforceable in accordance with the Federal Arbitration Act (9 U.S.C., Section 1) (the “Act”).
Miscellaneous
This Contract shall be treated as though it were executed and performed in Ventura, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to this Contract or any individual Work Order must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Entire Agreement
This Contract constitutes the entire agreement of the parties hereto and supersedes all prior representations, understandings, undertakings or agreements. This Contract may not be altered, modified, or amended, unless such amendment or subsequent document is in writing signed by all parties hereto.
Priority of Terms
In the event of any conflict between the Website’s Terms and Conditions, the Privacy Policy, or the Cookie Policy and this Contract, the terms of this Contract shall supersede and prevail in any conflict.
Authority to Sign
By agreeing to the terms of this Contract and using the Services of InvestorBootz, you acknowledge that you have the right and authority to bind yourself to the terms of this Contract.