Terms of Use
Last Updated April 16th, 2024
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL & CLASS ACTION. PLEASE REVIEW ALL PROVISIONS CONTAINED HEREIN. If you do not agree to these provisions, do not use this platform/site or services. By accessing, browsing or using this platform/site and its services, through any direct or indirect means, or by using the goods or services provided and offered in or through this platform, by any alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by this Agreement, these Services and our Privacy Policy, which is incorporated by reference.
Astrafuse, Inc., a Wyoming limited liability company and its affiliates and subsidiaries, (collectively “Astrafuse, Inc, “Ember Home Pros”, “we”, “us”, “our”, or “Company”) encourages all users of this platform and service to review this Terms of Use Agreement (“Agreement”).
Platform/Services
This platform offers a combination of marketing and technology services which are utilized by small to large brands for marketing purposes, consent management and client acquisition/retention. (collectively “Services”) Services through this platform/site are for the benefit of Third Parties only. This platform/service is intended for United States residents only.
You understand and agree that if you provide an inquiry for additional information on this platform, The information you provided will be purchased by the client network, affiliates and/or vendors in order to provide such services. Some business partners include companies who provide business services for us or on our behalf in order to deliver marketing services to you.
Prior to submitting your inquiry, you will give prior expressed written consent to share the information you have provided in order to receive autodialed or prerecorded calls and texts as well as emails from us and/or our client network, affiliates, and vendors to the phone numbers (including mobile numbers) and email addresses you provide to the platform.
We will share your personal information with our network of clients including but not limited to: mortgage bankers, mortgage brokers, credit consultants, insurance brokers or any other business in our client network that may be related to the service or product you have expressed interest in, as a result, different businesses may contact you.
We do not charge you a fee to use this platform and its Services. We are not a lender, debt service, debt settlement, real estate company, insurance agent, auto sales company, automotive warranty organization or home service provider. All requirements to qualify for financial products are made by the client network and we do not endorse, warrant, or guarantee such results.
Licensed organizations who may contact you are subject to Federal and State laws and regulations for their practices. Please review the privacy practices of all third parties who contact you. If you have any questions regarding their practices, please contact them directly.
This platform/service is not intended for the use of minors.
You certify to us that:
You are at least 18 years of age. You assume full responsibility for the use of this platform/service by any minors.Any information you have submitted to us on this platform or otherwise, is accurate, complete and that you have not submitted or provided false information to us.
Your use of this platform/service is subject to all applicable federal, state, and local laws and regulations.
Prohibited Use
You shall not use this platform/service for any illegal purpose or for the transmission of any unlawful material or material that is abusive, harmful, harassing, libelous, racially or ethnically offensive, invasive of another’s privacy, obscene, threatening, vulgar, sexually explicit, tortious, defamatory, or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable person’s view objectionable; directly or indirectly interfere, or attempt to interfere with the proper working of this platform system, site, or service including system integrities or securities; interference of any account, or any communication or transaction being conducted on this platform/service; the use of any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission; take any action which imposes an unreasonable or excessively large load on our infrastructure; upload, post, transmit, submit, email or make available by any other means any data or content protected under any law or contractual relationship that you do not have the right to distribute; any conduct of fraud, representing yourself as someone else or hiding or attempt to hide your identity; and interference or attempt to interfere with the proper working of this platform/service.
Copyright and Trademark Notice Information
Our platform/services contains intellectual property owned by us and other parties. As for the relationship between you and us; we are the sole owner of the platform/services and all materials on or available through our platform/services including without limitation, all applicable U.S. and non-U.S. copyrights, trademarks, patents, trade secrets, and other intellectual property rights thereto (collectively “platform/services Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the platform/services , content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the platform/services Content solely for your personal records, or non-commercial use provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our platform/services content unless you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify our platform/services platform/services content, to overthrow or elude our security features, or to utilize our platform/services for other than its intended purposes is strictly prohibited.
NO WARRANTY
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR PLATFORMS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY FINANCIAL PRODUCT YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES AND ANY LOAN YOU ACCEPT. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR PLATFORM/SERVICE MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, COVERTLY INTERCEPT OR SEIZE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A LENDER, BROKER, INVESTOR, FINANCIAL INSTITUTION OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH PERSONS OR INSTITUTION AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, SERVICES OR LOANS PROVIDED BY SUCH SERVICE PROVIDERS.
We are not responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our platform/services or by any of the equipment or programming associated with or utilized in connection with our platform/services or any services provided on or through this platform, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our platform/services. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our platform/services or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of this platform/service or the site/services content.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL WE, OUR SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE PLATFORM/SERVICES OR PLATFORM/SERVICES CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE PLATFORM/SERVICES OR THE PLATFORM/SERVICES CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
All parties agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that if your claims are under $1000.00 you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
BY ACCESSING AND/OR USING ANY OF OUR PLATFORMS OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE OUR PLATFORMS OR SERVICES OR SUBMIT ANY INFORMATION ON THIS PLATFORM IF YOU DO NOT AGREE TO THESE TERMS.
THIS AGREEMENT IS BINDING TO ARBITRATE ALL CLAIMS. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
Arbitration Procedures- Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing,
if the circumstances warrant. Attendance at an in- person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Wyoming, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration- Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. You may obtain these costs through the JAMS website.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Severability- With the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in this Agreement is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and any legal disputes section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of Laramie, state of Wyoming.
Changes to the Agreement to Arbitrate- Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by this arbitration provision that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least 3 days before the effective date of the changes and/or by email.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Indemnification
You agree to indemnify and hold Astrafuse, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors, employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this platform/Service, the violation of this Agreement by you, or the infringement by you, or other user of this platform/Service using your computer, of any intellectual property or other right of any person or entity. Astrafuse and its Service providers assume no responsibility whatsoever for such content determined, in our sole discretion, that violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the platform/Services whether caused by errors in the registration information you provided or any technical problems in our system.
Termination
If you breach or violate any part of this Agreement or provisions in the Privacy Policy you may no longer use this Platform/Service. We may, in our sole discretion, terminate, change, or suspend temporarily or permanently, this Platform/Service or any part of it at any time, for any reason, without notice to you and without any liability to you or any other person. You agree that all terminations for cause shall be made in our sole discretion and shall not be liable to you or any third party for any termination.
To view our privacy policy, please click here.
Entire Agreement
This Agreement constitutes the entire terms of use agreement between you and us and governs your use of this Platform/Service which supersedes any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, third party content or third-party software.
E-Sign Consent
By clicking the "submit" button on the Site, you adopt such as your electronic signature, and consent and agree that: Company may provide you with electronic communications and disclosures (collectively, "Communications") via email, by making them accessible on this Site or other website designated by Company; and your electronic signature on agreements and documents has the same effect as if you signed them in writing.
You may withdraw your consent to receive electronic Communications at any time by contacting us at [email protected].
Withdrawal of your consent to receive electronic Communications may result in termination of your access to the Site and/or Services. Any withdrawal will be effective only after we have a reasonable period of time to process your withdrawal.
You are responsible for providing us with true and accurate information, including contact information, and to maintain and update any such contact information.
To access and retain the electronic Communications, you will need the following: access/use of a computer or mobile device with internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; an internet browser that we support; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper form.
Please contact us at [email protected] to request a paper copy of any Communications at no charge. A request will not be treated as withdrawal of consent to receive electronic Communications.
Electronic Communications
When you access, use or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Revisions to Site or Terms and Policies
We reserve the right to change any information, feature or functions of our Platform/Service without prior notice. We may deny you access to the Platform/Service for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Platform/Service whether caused by errors in the registration information you provided by any technical problems in our system.
We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Service posted at the time you register on our platform/services will govern our relationship for that registration and inquiry request.
If you have any questions about the practices of the site or this Agreement, please e-mail us at [email protected], or send a letter to Astrafuse, Inc, 1401 Lavaca Street #7102, Austin, TX 78701.
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