TERMS & CONDITIONS
Use of the Website and the services described herein constitutes user’s full and unconditional agreement to, and acceptance of, these Terms & Conditions, as well as the Privacy Policy and any additional terms published on the Website.
Optintent USA INC (”Optintent”, “we”), having its offices in 228E 45th ST RM 9E; New York, NY 10017-3337, United States of America, is administering the Dream-Renovation Websites where the customer, after registering and providing some personally identifiable information (personal data) and indicating the questionnaire about the planned project and type of service required, may be contacted, upon request, by service provider (“Professional”) in cooperation with Optintent.
CONSENT: Use of the websites and Optintent provided services constitutes user’s consent to this Terms & Conditions, Privacy policy and other terms published herein. You agrees that this agreement forms a legally binding contract between you and the Optintent, under any applicable law or regulation. This agreement may be modified by Optintent at any time and you agree to be bound by these modifications upon use of the Dream-Renovation services. Any rights not expressly granted are reserved by Optintent.
By using the provided services, the user is required to provide information about themselves and their service requirements. This information may be shared with service providers (“Professionals”) or partner entities working with Dream-Renovation, who will respond to their service requests. By submitting your contact details, you agree that this constitutes entering into a business relationship with Optintent and its partners, and you consent to being contacted by Optintent, its partners, Professionals, and other providers by phone, email, or other reasonable means at any of your provided contact details regarding your service request. If you are on a “Do Not Call” list, you agree that contact resulting from your submission of information to Optintent and its partners is permitted. You confirm that your contact information is current, truthful, and accurate.
SERVICES: You may request to be contacted by a service provider by providing Dream-Renovations with your personal information, such as your name, address, email, phone number, and the type of service you need. After that Optintent will try to find a Professional to contact you regarding your request. However, Optintent does not provide, and is not responsible for, any Professional’s products, services, or advice. Furthermore, Optintent does not guarantee that a Professional for your project will be found or that there are Professionals in your area who can meet your needs. There is no agent/employment contract between the Optintent and the professionals. We do not make any guarantees, warranties, or representations regarding any Professional or their products, services, or advice, and neither we nor any third party referring you will be responsible for any actions or inactions of any Professional. While we attempt to ensure Professionals meet certain standards, we do not guarantee that any Professional is licensed, qualified, bonded, insured, or capable of performing any service. You acknowledge that Dream-Renovations do not guarantee pre-screening of each Professional and expressly disclaims any guarantees, representations, or warranties regarding these Professionals. Professionals are provided to you on an “as is” basis. Any quote or estimate related to your service request is only a guide and not a binding offer or a guarantee of the actual cost of your project. When a Professional provides you with products, services etc. your rights will be governed by your contract with that Professional.
PROHIBITED CONDUCT: When using the Dream-Renovation website and services provided by partners or Professionals, User agree’s not to: (1.) engage in deceptive or fraudulent activities; (2.) infringe on or violate the privacy, property, or other rights of any individual or entity; or (3.) engage in any form of harassment or offensive behavior; (ii) engage in deceptive or fraudulent activities; or (4.) violate any applicable laws, rules, or regulations.
USE OF PERSONAL DATA: Submission of contact information in connection with the service request, including, without limitation, mailing address, phone number, and/or e-mail address, constitutes permission for Dream-Renovation to use user’s personal information in a manner consistent with Dream-Renovation’s Privacy Policy. By providing your phone number, you agree to receive calls and text (SMS) messages that may be autodialed, pre-recorded, or use artificial voice. We may also reach out to you for account servicing, handling complaints, billing, or other matters related to Optintent’s services. Moreover, to the extent that you agree to be contacted via autodialer and prerecorded calls and SMS by specifically referenced companies, you are agreeing to Optintent sharing your personal information with them, too.
RELEASE AND LIMITATIONS OF LIABILITY: By using the Website and the service, users agree to release and hold harmless the Optintent, their respective parents, employees, officers, directors, vendors, subsidiaries, affiliates, distributors, sales representatives and advertising agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of use of the website and the services by partners and Professionals, including, but not limited to: (a) any technical errors that may prevent a user from submitting an service request; (b) printing errors; (d) errors in the administration of the service requests. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, requests. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or request to be received by Dream-Renovations on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this service or downloading any materials. User further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost incurred by users, if any, and in no event shall the Released Parties be liable for attorney’s fees. User waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
The Dream-Renovation service is provided by Optintent on an “as is” and “as available” basis. Optintent makes no representations or warranties of any kind, express or implied, regarding the operation of the service or the information, content, materials, products, or services included on this site. You agree that your use of the service is at your own risk and that you are solely responsible for the accuracy of the personal information you provide.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTINTENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPTINTENT DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, OR EMAILS SENT FROM OPTINTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPTINTENT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR DISRUPTIONS IN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.
INDEMNIFICATION: To the fullest extent allowed by law, user agrees to defend, indemnify, and hold harmless Optintent, its affiliates, and their respective directors, officers, employees, and agents from any and all third-party claims, actions, lawsuits, or proceedings, as well as any losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from (a) user’s breach of this Agreement and (b) user’s use of Dream-Renovations services
DISPUTES/MANDATORY ARBITRATION: User agrees to arbitrate all claims related to this Agreement. For any dispute, including issues with the Rewards Offer the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, contact customer support first on info@dream-renovation.com. We will attempt to resolve the issue within 30 days. If unresolved, Users can proceed to arbitration with the American Arbitration Association (AAA) by filing a Demand for Arbitration online. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) and may take place via the Internet and/or telephonically in accordance with the rules of the chosen arbitration service provider. The law applicable to such arbitration shall be that of the party bringing the claim. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not attorney’s fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.You can opt-out of arbitration within 30 days of registration by providing written notice. Apart from these exceptions, arbitration is mandatory.
By accepting these provisions, you waive the right to a jury trial and to participate in class actions or multi-party arbitrations against us, our marketing partners, or our service providers.
Choice of Law/Jurisdiction: These Terms & Conditions constitute the agreement between the user and Optintent under the New York laws, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a court will be adjudicated in a court in the state of New York. The user expressly waives any defense or objection to venue or personal jurisdiction.
MODIFICATION OF THE T&C: Optintent reserves the right to modify these terms at any time. User’s continued use of the Website serves as evidence of their acceptance of any changes. If any term in these terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
| Conditions of Use |
| THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. |
| THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE. |
| Disclaimer of Warranties |
| YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). |
| YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. |
| A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE. |
| Limitations on Authority |
| WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. |
| YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. |
| YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS. |
| Third Party Content |
| Company may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of Company. Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. |
No Unlawful or Prohibited Use
As a condition of your use of the dream-renovation.com Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the dream-renovation.com Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the dream-renovation.com Website.
| Legal Jurisdictions Only |
| The services described on dream-renovation.com are only for persons in those states and jurisdictions where such services may legally be offered. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on dream-renovation.com shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful. |
| Ownership of Information |
| If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. |
| Copyright and Trademark Notices |
| All Material included on dream-renovation.com, except third party content as referenced above, is the property of the Company and is protected by United States and international copyright laws. No portion of the Material on dream-renovation.com may be reprinted or republished in any form without the express written permission of Company or, with respect to third party content, its respective owner. You may download Material from dream-renovation.com your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to dream-renovation.com for any purpose; or (d) frame dream-renovation.com, place pop-up windows over its pages, or otherwise affect the display of its pages. |
| Certain of the names, logos, and other materials displayed on dream-renovation.com may constitute trademarks, tradenames, service marks or logos (“Marks”) of Company or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Company and are protected by United States and international trademark laws. Nothing contained on Bedream-renovation.com should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on dream-renovation.com. Your use of the Marks displayed on dream-renovation.com, or any other content on dream-renovation.com, except as provided herein, is strictly prohibited. All Marks not owned by Company that appear on dream-renovation.com are the property of their respective owners. |
Copyright Infringement Policy
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on dream-renovation.com has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Company’s designated agent for the written notification of claims of copyright infringement can be contacted via the e-mail address info@dream-renovation.com with the subject line ‘Designated Agent – Copyright Infringement Claims’.
| Indemnification |
| You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you submit throughdream-renovation.com, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website. |
| Exclusions and Limitations |
| Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. |
| Termination |
| You agree that Company, in its sole discretion, may terminate your access to the Website without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Website, Material or Software. |
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
If you have any questions and inquiries, please contact us on: info@dream-renovation.com
August 2024