TERMS OF SERVICE

Last Updated: April 21, 2025

Please read these Terms of Service (the "Agreement") carefully. Your use of the Platform (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Direct Homes 2U Inc. ("Company" or "we" or "us") concerning your use of (including any access to) the Direct Homes 2U Inc. platform currently located at https://www.directhomes2u.com (together with any materials and services available therein, and successor platform(s) thereto, the "Platform"). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Platform, or otherwise made available to you by Company.

BY USING THE PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE PLATFORM ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to "you" and "your" in this Agreement will refer to both the individual using the Platform and to any such Organization.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

About the Platform

We make the Platform available as a forum where corporations, organizations and other entities ("Entities") can make and share video and audio materials regarding their businesses with other users of the Platform ("Users"); where Users can submit video and audio materials regarding an Entity's business to such Entity for its evaluation and, if acceptable, can be shared by such Entity with other Users on the Platform ("Advocates"); and where Entities, Advocates and Users can interact with one another via the Platform. In particular, an Entity, or its affiliates, customers, Connected Advocates (as defined below), suppliers, distributors, investors or representatives on behalf of such Entity ("Representatives"), may upload audio, video and other content related to such Entity's businesses to the Platform, which the Entity may share with Users of the Platform; further, as part of our services, we may identify, select and upload to the Platform audio, video and other content hosted on an Entity's website(s) and/or social media channels on its behalf (such audio, video and other content uploaded by an Entity or by a Representative or us on an Entity's behalf, "Content"). Once uploaded to the Platform, Content may be accessible to Users, who may be able to browse the Platform to view Content and search Content in a customizable manner, including by industry, sectors of interest, country, stage of funding, market capitalization, and for specific Entities.

Users, Advocates and Entities may also make available certain materials through or in connection with the Platform, including on the Platform's interactive services, such as information sharing, audio and video submissions (including Advocate Contributions, as defined below), promotional services, message boards and other forums, and chatting, commenting and other messaging functionality (each, a "Submission"). Submissions may include interactions among Entities, among Users, among Advocates and between Entities, Advocates and/or Users. In particular, an Advocate may submit audio, video and other content to an Entity, which such Entity may choose to accept, approve, adopt and use on the Platform (each such Advocate's audio, video and other content, an "Advocate Contribution" and each such Advocate that has submitted an Advocate Contribution which an Entity accepts, approves, adopts or uses, a "Connected Advocate"). For the avoidance of doubt, any Advocate Contributions that an Entity uses on the Platform will be considered that Entity's Content for the purposes of this Agreement and that Entity may supplement, modify, and/or delete certain information associated with those Advocate Contributions.

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE DIRECT HOMES2U PLATFORM.

The Platform is provided for informational purposes only, and no Content or Submissions made available on the Platform are intended to provide financial, trading, securities, or investment advice or to solicit investments and may not be used for such purposes. THE PLATFORM DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS PROVIDING PROFESSIONAL FINANCIAL, INVESTMENT, OR SECURITIES ADVICE OR OPINION. Company is not involved in the sale or issuance of securities or in the solicitation of investments and is not a registered financial or investment adviser. Company is a platform service provider and not the publisher or speaker of any third-party content, including any videos.

1. Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Platform. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links); charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.

2. Information Submitted Through the Platform

Your submission of information through the Platform is governed by Company's Privacy Policy, located at Privacy Policy (the "Privacy Policy"). You represent and warrant that any information provided by you or on your behalf in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional Issues

The Platform is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

4. Rules of Conduct

In connection with the Platform, you must not:

  • Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, divisive, proselytizing, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (e) intended to encourage or facilitate, or that constitute, investing or trading on or through the Platform, including making any offer, sale or purchase of any security or other financial instrument.
  • Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
  • Use the Platform for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Include any advertisements, commercials or promotional materials in any Content. Submissions, or Advocate Contributions submitted to or made available on or through the Platform.
  • Harvest or collect information about users of the Platform.
  • Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks.
  • Offer, sell or buy any security or otherwise engage in any commercial transaction with an Entity, Advocate or a User in connection with the Platform.
  • Restrict or inhibit any other person from using the Platform.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Company's express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Platform.
  • Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Company's express prior written consent.
  • Systematically download and store Platform content.
  • Violate any applicable law or regulation.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Company's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform's root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.

5. Content and Submissions

Subject to the terms and conditions of this Agreement, Entities, Advocates and Users may make available Content and Submissions on or through the Platform. When submitting such Content and Submissions to be made available on or through the Platform, Entities, Advocate and Users may receive prompts to identify certain information for the Content and Submissions (including, for example, an industry classification, title, subject matters, metadata and a description). Company, has the right, but not the obligation, to supplement, modify and/or delete such information (in whole or in part) for all Content and Submissions. Further, an Entity may supplement, modify and/or delete such information for its Content, its Submissions and all Advocate Contributions that Advocates submit for that Entity's use. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Content or Submissions. In connection with an Advocate Contribution from a Connected Advocate, any material consideration paid to or received by the applicable Connected Advocate for such Advocate Contribution must be disclosed in accordance with the FTC's Endorsement Guides.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

6. Services

The Platform may make available various services to Entities, Advocates and Users, including making available third party Content and Submissions (collectively, "Services"). Such Services are made available for general information purposes, and neither the Services, nor the Content or Submissions made available through the Services constitute a solicitation, an offer, or a recommendation to buy or sell a securities or investment vehicle or, to effect any transactions, or to conclude any legal act of any kind whatsoever. We do not, and do not intend to, provide investment, legal or tax advice through or in connection with the Services, and do not represent that any investments, securities or services that may be discussed on the Platform are suitable for any investor. We shall not be responsible or liable for any strategy, trading or investment decisions made based on information accessed through the Services. We make no representations as to the completeness, accuracy, reliability, usefulness, validity or timeliness of the Services, including the Content or Submissions made available through the Services, and Company shall not be responsible or liable for any investment decisions made based on information accessed through the Services. None of the information contained on this Platform constitutes an endorsement or recommendation by the Company to buy or sell any security, or to provide investment advice or services regarding the viability of any investment or security. To the extent that any investments and investment strategies are discussed on the Platform, such discussions are not endorsed by Company, and you acknowledge and agree that such investments and investment strategies may not be suitable for you. You should weigh any investment decision carefully after considering your specific investment objectives and financial circumstances. When making a decision about your investments, you should also seek the advice of a professional financial advisor.

The availability of any Service is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use of any Service.

7. Subscription and other Transactions

We may provide various Services on subscription models and/or other pricing arrangements to Entities, Advocates and Users (each a "Transaction"); for more information on such Services and pricing, please click https://directhomes2u.com/beta-program. If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Services will be used only in a lawful manner.

Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Service; to bar any user from making any Transaction; and to refuse to provide any user with any Service. Refunds and exchanges will be subject to Company's applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While we may (but are not obligated to) confirm an order by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a service.

8. Registration; User Names and Passwords

You may need to register to use all or part of the Platform. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Platform account.

9. License

For purposes of clarity, you retain ownership of your Content and Submissions. For any Content and each Submission (including any Advocate Contribution), you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, store, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, reformat and otherwise use, analyze, monetize and exploit such Content and Submission, in any format or media now known or hereafter developed, and for any purpose (including commercial and/or promotional purposes, such as testimonials).

Further, with respect to any Content that we have identified and selected from your websites and/or social media channels, in addition to the rights granted in the paragraph above, you hereby grant to us a license to (a) download such Content from such websites and/or social media channels and (b) upload such Content to the Platform. You acknowledge that any such Content is uploaded and stored on your behalf and at your direction.

In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Platform or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Content and Submissions, and the provision thereof through and in connection with the Platform (whether directly by you or on your behalf), are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Content and Submissions that you may have under any applicable law under any legal theory. You also represent that (a) any Representative that provides Content relating to you or your business is authorized by you to do so on your behalf and (b) we are authorized to provide Content from your website(s) and social media channels on your behalf.

10. Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Content and Submissions before or after they appear on the Platform, or analyze your access to or use of the Platform. We may disclose information regarding your access to and use of the Platform, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

11. Your Limited Rights

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Platform, you may view one (1) copy of any portion of the Platform to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.

12. Company's Proprietary Rights

We and our suppliers own the Platform, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include "Direct Homes 2U Inc." and any associated logos. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

13. Third Party Materials; Links

Certain Platform functionality may make available access to information, products, services and other materials made available by third parties, including Content and Submissions ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

14. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE PLATFORM AND ANY SERVICES (INCLUDING ANY AND ALL SUBMISSIONS) AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; (B) THE PLATFORM AND ANY SERVICES AND THIRD PARTY MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO SERVICES NOR THIRD PARTY MATERIALS INCLUDED ON THE PLATFORM ARE INTENDED FOR INVESTING PURPOSES AND NOTHING ON THIS PLATFORM CONSTITUTES AN ENDORSEMENT OR RECOMMENDATION BY COMPANY TO BUY OR SELL ANY SECURITY; (C) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY SERVICES AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at support@directhomes2u.com with a description of such alteration and its location on the Platform.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY SERVICES OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE PLATFORM; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CAUSE OF ACTION TO ARISE HEREUNDER, OR (II) ONE HUNDRED DOLLARS ($100.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

16. Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your and/or your Representatives' use of, or activities in connection with, the Platform; (b) all Content and Submissions, whether provided directly by you or on your behalf; and (c) any violation or alleged violation of this Agreement by you (including any acts or omissions by a Representative that, if such act or omission has been taken or not taken by you, would violate this Agreement).

17. Termination

This Agreement is effective until terminated. Company may terminate or suspend your use of the Platform at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–6, 8–10 and 12–23 shall survive any expiration or termination of this Agreement.

18. Governing Law; Disputes; Arbitration

Claims and Governing Law. A "Claim" refers to any dispute between you and Company, or any third-party beneficiary, arising from this Agreement, the Privacy Policy, the Platform, or your relationship with Company. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. This Agreement, including the interpretation and enforcement of this dispute resolution provision and any Claims, shall be governed exclusively by the Federal Arbitration Act, federal arbitration law, and, if not inconsistent, the laws of the State of New York (excluding its choice of law rules).

Informal Dispute Process. To enhance customer satisfaction, we encourage you to resolve Claims informally before seeking arbitration. Please notify us at support@directhomes2u.com. Engaging in this process is required before initiating arbitration or small claims proceedings, to the fullest extent permitted by law.

Mandatory Pre-Arbitration Notice Procedure. If a Claim is not resolved through our Informal Dispute Process, the aggrieved party ("Claimant") must adhere to this Pre-Arbitration Notice Procedure before commencing arbitration:

  1. Send a formal written Notice of the Claim via certified mail to 7 Rohrbach Lane, Kalispell, MT 59901, and email it to support@directhomes2u.com.
  2. The Notice must include:
    • The Claimant's full name;
    • Address;
    • Email address;
    • A description of relevant facts and basis for the Claim;
    • Damages sought; and
    • A signed statement verifying the accuracy of the information.
  3. After receiving the Notice, both parties will negotiate in good faith for 30 days to resolve the dispute. This may include an individualized video conference or phone call attended by both parties. Optionally, a party's attorney may also attend this meeting. Both parties agree to cooperate in scheduling this meeting promptly after receiving the Notice.
  4. If no resolution is reached within 30 days, the Claimant may initiate arbitration.

Compliance with this process is a prerequisite before initiating arbitration. Statutes of limitations are paused during this process. If a Claimant fails to comply with this Notice Procedure, a court may enjoin an arbitration filing or continued prosecution upon request from either party.

Arbitration Agreement. The parties agree that any unresolved Claims will be resolved exclusively through final and binding arbitration under the following terms:

  • Claims will only be resolved through arbitration and not in a court of law.
  • Arbitration will be governed by applicable National Arbitration & Mediation ("NAM") rules as modified by this agreement.
  • The NAM rules include Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration.
  • Arbitration will be conducted before a single arbitrator who will resolve all Claims and related disputes regarding this Agreement's scope and enforceability.
  • All remedies available in law will be accessible to the arbitrator.
  • Arbitration may occur in person in your county of residence or another mutually agreed location; it may also be conducted via telephone or videoconference upon request.
  • Fees will be governed by NAM Rules unless you qualify for a fee waiver under applicable law.
  • Each party shall bear its own attorneys' fees unless otherwise required by statute.
  • The arbitrator may consolidate multiple related arbitrations but cannot preside over any form of representative or class proceeding unless all individuals have initiated arbitration under this Agreement.

Limitations to Arbitration. Instead of arbitration, either party may bring individual Claims in small claims court if they are below the statutory maximum. Such actions must be filed in your county of residence or Clark County, Nevada. This does not limit either party's right to seek injunctive relief in a competent jurisdiction.

Class Action Waiver. THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES AND MAY NOT AWARD RELIEF BEYOND WHAT IS NECESSARY FOR THE INDIVIDUAL CLAIM. IF THIS WAIVER IS FOUND LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID BUT REMAINS SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE KNOWINGLY WAIVING THOSE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.

This dispute resolution provision applies equally to all parties and shall not be interpreted against the drafting party. If any part is found unenforceable, that specific part shall be severed from the agreement while remaining portions continue to be valid and enforceable as permitted by law.

19. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.

20. Information or Complaints

If you have a question or complaint regarding the Platform, please send an e-mail to support@directhomes2u.com. You may also contact us by writing to 7 Rohrbach Lane, Kalispell, MT 59901, or by calling us at +1 725-222-0313. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.

23. Miscellaneous

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Platform © 2021-2023 Direct Homes 2U Inc., unless otherwise noted. All rights reserved.