|
leaptodigital.com 2.30.3
<br />Job Sign: Buyer(s) agree(s) to allow Mad City to display a sign at the job location
<br />Disclaimer: Mad City disclaims all liability for all claims, disputes, rights, losses, damages, causes of action, or controversies (“Claims”) pertaining to
<br />mildew, algae, fungus, mold, and/or other indoor air allergens (“Mold”) including Claims arising out or relating to the detection, removal, disposal, or
<br />remediation of Mold, whether those Claims arise in law, equity, contract, warranty, tort, or federal or state statutory claims. Buyer(s) is solely liable and
<br />responsible for all damages, whether actual or consequential, caused by Mold and incurred by Buyer, Mad City, or third parties, and agrees to indemnify
<br />and hold harmless Mad City from any and all Claims arising out of or relating to Mold.
<br />Condensation/Mold: Mad City is not responsible for conditions beyond its control, including condensation which may form on or within a window or
<br />between windows or walls, resulting from pre-existing conditions in Buyer’s home and external temperatures. Buyer(s) understands that reducing the
<br />humidity in the home will often remedy condensation problems and acknowledges that Mad City is not responsible for any existing or developing spore or
<br />mold growth. Buyer(s) agrees to indemnify and hold Mad City and its employees, authorized contractors, and subcontractors from any claims as to the
<br />identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of
<br />the structure being improved.
<br />Security Interest: Buyer(s) is giving Mad City a security interest in the goods or property being purchased. As such, Mad City may file a UCC-1 to protect
<br />that security interest in the future.
<br />Miscellaneous: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then the
<br />invalid, illegal, or unenforceable provision shall be excised, and the remaining terms of this Agreement shall remain in full force and effect. All documents/
<br />exhibits referred to in this Agreement are an integral part of the Agreement and are incorporated by reference. Warranties are not transferable and will not
<br />be effective until any balance due under this Agreement has been paid in full. No waiver of any breach of this Agreement shall be construed as a waiver of
<br />any prior, concurrent, or subsequent breach hereof. The section headings contained in this Agreement are inserted for convenience only and shall not affect
<br />in any way the meaning or interpretation of this Agreement. In construing this Agreement, the gender and number of words used may be changed to meet
<br />the context. Mad City may engage independent subcontractors to perform work under this Agreement. Buyer(s) acknowledges that it has read/agreed to all
<br />incorporated documents and exhibits.
<br />Arbitration of Disputes: Mad City and Buyer(s) agree that any and all disputes, claims, or controversies (hereafter referred to as a “Claim”) arising under
<br />or relating to this Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a
<br />limitation: (i) the relationships resulting from this Agreement and the transactions arising as a result thereof; (ii) the terms of this Agreement; or (iii) the
<br />validity of this Agreement or the validity or enforceability of this arbitration agreement, shall, at the option of either Buyer(s) or Mad City, be subject to
<br />binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then prevailing Home Construction Arbitration Rules and
<br />Mediation Procedures of the American Arbitration Association (“AAA”), to be held and arbitrated in the judicial district in which Buyer(s) resides. The
<br />findings of the arbitrator shall be final and binding on all parties to this Agreement. Buyer(s) agrees that they will not assert a Claim on behalf of, or as a
<br />member of, any group or class. Each party shall otherwise be responsible for its own fees and costs unless otherwise determined by the arbitrator. This
<br />agreement to arbitrate, and any award, finding, or verdict of or from the arbitration, will be specifically enforceable under the prevailing law of any court
<br />having jurisdiction. Notice of the demand for arbitration will be filed by the party asserting the Claim with the other party to this Agreement and with AAA.
<br />The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made
<br />after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any
<br />arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the
<br />parties and shall not be made public. Further information may be obtained, and claims may be filed at any office of the AAA, www.adr.org.
<br />Both Buyer(s) and Mad City are hereby agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to address
<br />their grievances or alleged grievances. The parties believe this will allow a faster and more cost-effective method of addressing a Claim. By
<br />entering into this Agreement and this arbitration agreement, both parties are giving up their constitutional right to have any dispute decided in a
<br />court of law before a jury, and instead are accepting the use of arbitration, other than as set forth immediately below. However, if a small claims
<br />court (or an equivalent type of court) is located within the county and state where Buyer’s property is located, Buyer(s) may, in accordance with
<br />the rules of that small claims court, choose to bring (and must then keep) Buyer’s own claim in that small claims court.
<br />otice of Cancellation: Buyer(s) acknowledges that they were orally informed of their right to cancel this Agreement.
<br />READ & ACCEPTED
<br />Page 4 of 23
|