General Terms of Service
Effective Date: 3/1/2023
These Terms of Service (“Terms”) govern the use of services provided by Guardian Asset Management (GAM), including property preservation, title search, asset management, and related services (the “Services”). By using or accessing any of our Services, you (“Client,” “you,” or “your”) agree to comply with these Terms.
1. Services Provided
GAM provides a comprehensive range of services, including but not limited to:
· Property preservation, inspections and maintenance
· Title search and related services
· Marketing and asset management services
· Hazard claim services
· Appraisals and valuations
· Other related services
All services are provided in accordance with industry standards and applicable regulations.
2. Acceptance of Terms
By using GAM’s Services, you acknowledge and agree to these Terms, as well as any other policies, procedures, or additional terms provided in connection with specific services. If you do not agree to these Terms, you should not use the Services.
3. Client Responsibilities
You agree to provide GAM with all necessary information and documentation required for the successful completion of Services. This includes, but is not limited to, accurate property details, access to properties for inspections, and timely responses to any requests for additional information.
You are responsible for ensuring that all payments for the Services are made on time as per the terms outlined in the respective agreement or invoice.
4. Confidentiality
GAM is committed to maintaining the confidentiality of your information. All personal and proprietary information will be used solely for the purpose of providing the Services and will not be disclosed to third parties without your consent, except as required by law.
5. Fees and Payment
GAM’s fees for Services are outlined in a separate agreement or invoice. Payments are due according to the terms set forth in the invoice, and any late payments may incur additional charges or interest.
We reserve the right to suspend or terminate Services if payment is not made in a timely manner. All payments are non-refundable unless otherwise agreed in writing.
6. Limitation of Liability
To the maximum extent permitted by law, GAM’s liability for any claims arising from the use of our Services is limited to the total amount paid by the Client for the specific service. GAM shall not be held liable for any indirect, consequential, or incidental damages arising from the use of our Services.
7. Indemnification
You agree to indemnify, defend, and hold GAM, its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, and expenses (including attorney’s fees) arising from your use of the Services, including any breach of these Terms.
8. Termination
Either party may terminate the agreement at any time with written notice. Upon termination, the Client remains responsible for paying any amounts due for Services rendered up until the termination date. GAM reserves the right to terminate Services immediately if the Client violates any terms of this agreement.
9. Dispute Resolution
Any disputes arising from the use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in Pennsylvania and conducted in English.
10. Changes to Terms
GAM reserves the right to modify, update, or change these Terms at any time. Any changes will be effective immediately upon posting on our website or notifying you directly. Your continued use of the Services constitutes your acceptance of the revised Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to its conflict of laws principles.
12. Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in our Privacy Policy.
13. Force Majeure
GAM will not be held responsible for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to acts of nature, government actions, strikes, or other unforeseen events.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be in effect.
15. Entire Agreement
These Terms, along with any other agreements or documents incorporated by reference, constitute the entire agreement between the parties concerning the Services and supersede all prior agreements or understandings.
16. Assignment
GAM reserves the right to assign its rights and obligations under these Terms to third parties without prior notice to you. You may not assign your rights or obligations under these Terms without GAM’s prior written consent.
17. Third-Party Services
The Services may include links or references to third-party websites or services. GAM is not responsible for the content or services provided by third parties and does not endorse or guarantee any third-party products or services.
18. Feedback
Any feedback, comments, or suggestions provided by you regarding our Services shall become the property of GAM, and we may use such feedback for improving our services or other purposes, without any obligation to compensate you.