PropertyOwnersUnited.org
Terms & Conditions

Terms & Conditions

Effective date: [INSERT EFFECTIVE DATE]  ·  Last updated: [INSERT LAST-UPDATED DATE]

PropertyOwnersUnited.org is a service of ONTOTHEWEB.COM, LLC, a New Jersey limited liability company doing business as “12gurus” (New Jersey Entity No. 0600083113) (“12gurus,” “PropertyOwnersUnited,” “we,” “us,” or “our”). These Terms & Conditions (the “Terms”) govern your access to and use of our websites, intake forms, and related services (together, the “Service”), including any submission you make reporting an Amazon “Key for Business,” Ring, or similar access-control device installed at a property. Please read them carefully. By using the Service or submitting a report — including by checking a box, submitting a form, using a verification link, or completing identity verification — you agree to these Terms. See “Electronic signatures & acceptance.”

Any company to which 12gurus assigns these claims is an intended third-party beneficiary of these Terms. Such an assignee or designee may directly enforce these Terms — including the assignment provisions, the arbitration and dispute-resolution provisions, the limitation of liability, the indemnification, and related provisions — as a third-party beneficiary. See Section “Third-party beneficiary.”
Contents
  1. Who we are
  2. The Service
  3. Eligibility & authority
  4. Your submissions & content
  5. Assignment of claims
  6. Device-removal requests
  7. Power of attorney
  8. Identity verification & communications
  9. Privacy & data we log
  10. No legal advice; no attorney–client relationship
  11. Fees & compensation
  12. Acceptable use
  13. Intellectual property
  14. Third-party data & links
  15. Disclaimers
  16. Limitation of liability
  17. Indemnification
  18. Dispute resolution; forum election; arbitration
  19. Third-party beneficiary
  20. Survival
  21. Force majeure
  22. Electronic signatures & acceptance
  23. Changes to these Terms
  24. General
  25. Contact

1.Who we are

The Service is operated by 12gurus, a limited liability company, doing business as “PropertyOwnersUnited.org.” References in these Terms to “PropertyOwnersUnited,” “we,” “us,” and “our” mean 12gurus and its affiliates, successors, and assigns. Our contact details are in Section 20.

2.The Service

The Service lets owners and authorized managers of real property identify, document, and report unauthorized access-control hardware — such as Amazon “Key for Business,” Ring, or comparable devices — that may have been installed at their properties without consent. Through the Service you may, among other things, add one or more properties, upload photographs and related information, request removal of a device, and, if you choose, assign related claims to us for handling as described in Section 5.

We may add, change, suspend, or discontinue any part of the Service at any time. We do not guarantee that the Service, or any submission made through it, will result in any particular outcome.

3.Eligibility & authority

You must be at least 18 years old and able to form a binding contract to use the Service. By submitting a report or checking the related box, you represent and warrant that:

If you act on behalf of an entity, you represent that you are authorized to bind that entity, and “you” includes that entity.

4.Your submissions & content

“Submission” means any property information, photographs, descriptions, contact details, and other content you provide through the Service. You retain ownership of your Submissions. You grant 12gurus a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, and use your Submissions to operate and improve the Service, to document and investigate the matters you report, and to pursue any claims you have assigned to us.

You are responsible for your Submissions. Do not submit content that is false, that you have no right to share, or that infringes the rights of others. We may retain Submissions as needed for the purposes above and as required by law.

Preserve the evidence. Photographs of an unauthorized device and any related damage may be important. Where lawful and safe to do so, we ask that you leave the device in place and not alter the scene before documenting it. Nothing in these Terms requires you to take any action that is unsafe or unlawful.

5.Assignment of claims

This Section applies when you assign claims by checking the corresponding box (“I assign my claims to 12gurus”) when you submit.

Automatic and immediate. When you check that box and submit, the assignment described in this Section takes effect automatically and immediately upon submission. No further acceptance, signature, countersignature, or later action by 12gurus is required for the assignment to be effective, and the assignment is self-executing. You agree to sign any confirmatory assignment 12gurus reasonably requests, but the failure to do so does not affect the assignment already made.

5.1 What you assign, and why

For the property you submit and are authorized to bind, you assign and transfer to 12gurus all right, title, and interest in and to the claims, demands, and causes of action arising out of or relating to the unauthorized installation, presence, operation, or removal of the reported device(s) at that property, and to the unauthorized access to or use of that property or its access-control systems through such device(s), including without limitation claims for property damage, trespass, unjust enrichment, conversion, and unauthorized use of the property (collectively, the “Assigned Claims”), together with the right to investigate, assert, settle, compromise, release, and collect on the Assigned Claims and to retain counsel of its choosing.

The Assigned Claims include such claims against any and all responsible parties, including without limitation: Amazon.com, Inc. and its affiliates; the contractors and subcontractors that installed, serviced, or accessed the device(s) or wiring; and any service or company that uses Amazon’s “Key for Business” (KFB) access or similar access services to enter the property — including those that pay a fee per entry. By way of example and not limitation, this includes ClearHome, DLVR, and food, grocery, and water delivery services that use such access. References to the device(s) or to Amazon in these Terms include these parties and services where the context permits.

Consideration. You make this assignment in exchange for 12gurus’s services and the value it provides, which include: matchmaking you with qualified technicians who can identify and help remove unauthorized devices; coordinating and, where applicable, arranging removal; recommending alternative technology solutions; and applying 12gurus’s prior investigation, documentation, technical expertise, and work concerning these devices. 12gurus assumes the work, cost, and risk of pursuing the Assigned Claims, and you acknowledge that this assignment is supported by good and valuable consideration.

Independence. 12gurus is an independent, for-profit business that acquires and pursues the Assigned Claims on its own account and for its own commercial benefit. It is a separate enterprise from, and does not act on behalf of or for the benefit of, any party to any other litigation, notwithstanding any common ownership or affiliation. Its purpose in taking these assignments is to operate a lawful claims-acquisition and enforcement business, not to advance the interests of any other person or case.

5.2 Onward assignment and use of agents

You acknowledge and agree that 12gurus may, in its discretion and without further notice to or consent from you, assign or transfer the Assigned Claims (in whole or in part) to any company, affiliate, successor, or designee, and may engage other companies, agents, contractors, attorneys, and service providers to investigate, pursue, settle, or otherwise handle the Assigned Claims. Any such assignee or agent succeeds to the applicable rights and obligations under these Terms. References in this Section to 12gurus include its permitted assignees. For the avoidance of doubt, the assignment granted in this Section is intended to be as broad and as freely assignable as permitted by applicable law, and nothing in these Terms shall be construed to narrow it.

5.3 What this means

5.4 Sharing of recovery

If 12gurus (or its assignee) obtains a recovery on the Assigned Claims — whether by settlement, award, judgment, or otherwise (the “Gross Recovery”) — the Gross Recovery is shared as follows:

If actual attorneys’ fees and litigation costs are less than 40% of the Gross Recovery, the difference is added to 12gurus’s retained share unless a separate written agreement says otherwise. 12gurus may, in its discretion, advance or absorb costs and may net amounts owed to you against costs you have agreed in writing to bear. Payment to you is made after the Assigned Claims are finally resolved and amounts are actually collected. Except for the 20% share described above, you are not entitled to any portion of the Gross Recovery. Any different or additional economic arrangement must be in a separate written agreement signed by you and 12gurus.

5.5 Individual assignment — not a class action

You acknowledge and agree that your assignment and these Terms create an individual, bilateral arrangement between you and 12gurus for value: a single party (12gurus) has assumed the work, cost, and risk of, and taken assignment of, your Assigned Claims in exchange for the percentage share described above. This is not a class action, collective action, mass action, or representative proceeding, and nothing in these Terms makes you a member of any class or represented group, or makes 12gurus, any company to which it assigns the claims, or any counsel your class representative or class counsel. Each owner’s assignment stands on its own. This Section is consistent with, and supplemental to, the class-action waiver in the arbitration and dispute-resolution Section.

6.Device-removal requests

If you check the box requesting removal of an unauthorized device “at no expense to me,” you authorize 12gurus, any company to which it assigns the claims, and their designated contractors, representatives, or agents — and where applicable Amazon or its agents — to coordinate inspection and removal of the reported device at the property. You also authorize us and our agents to follow up directly with you and with the building super (using the mobile numbers you provide) to locate, document, and arrange removal of the device. You represent that you have authority to permit such access, contact, and removal. We do not guarantee that any party (including Amazon) will remove a device, or any timeframe for removal. You remain responsible for the property and for granting any lawful access needed. Removal may affect the condition of the device or surrounding equipment; where the device is potential evidence, it may be documented before removal.

7.Power of attorney

By submitting and accepting these Terms, you grant 12gurus, and its assignees and designees, a limited power of attorney, and you appoint 12gurus and its assignees as your true and lawful attorney-in-fact, with authority to act in your name and on your behalf with respect to the property you submit, solely to do the following:

Scope and limits. This power of attorney is limited to the actions described in (a)–(d) and to the property you submit. The authority in (c) to name the property as a plaintiff or claimant is limited to actions to stop, prevent, or undo the installation and/or operation of access-control devices and to the Assigned Claims; it does not authorize 12gurus or its assignees to bring unrelated litigation in your name. This power of attorney does not authorize 12gurus or its assignees to sell, lease, encumber, or otherwise dispose of the property, to enter into leases, or to take any action beyond what is described above. 12gurus is not obligated to exercise any of these powers and may decline to act.

Coupled with an interest; durability. Because this power of attorney is granted together with, and in support of, the assignment of claims and the commercial arrangement in these Terms, it is a power coupled with an interest. To the maximum extent permitted by applicable law, it is durable and irrevocable for so long as any Assigned Claim or related matter remains pending, and it is not affected by your subsequent incapacity. Where applicable law requires, you agree to sign a separate statutory power-of-attorney form to the same effect upon reasonable request, and the failure to do so does not affect the authority granted here. You represent that you have authority to grant this power of attorney for the property and, where you act for an entity, on its behalf.

8.Identity verification & communications

To confirm your identity and help prevent fraudulent submissions, we may send a one-time verification link and/or code to the mobile number and email address you provide, and you must complete verification for a submission to be treated as confirmed. By providing your mobile number and email and submitting, you consent to receive these messages, including by autodialed or automated text message and by call.

Super’s mobile number. If you provide a building superintendent’s or other person’s mobile number, you represent and warrant that you are authorized to provide that number and to consent, on that person’s behalf, to our contacting them by call and text about the reported device, its inspection, documentation, and removal. You agree to indemnify us for any claim arising from your having provided a number you were not authorized to provide. We will honor a STOP/opt-out request from any recipient.

Consent logging. You acknowledge and agree that, to evidence consent and for fraud-prevention and compliance purposes, we log every submission request, including the numbers provided, the consent boxes and representations you made, the consent text version shown to you, and metadata such as date, time, IP address, device and browser information, page URL, and referrer. You agree this logged record may be used as evidence that the owner and (where provided) the super consented to the calls and text messages described here.

Message and data rates may apply. Message frequency varies. We use your number and email to verify your submission and to communicate with you about it and about the Service. Verification links and codes expire and are for one-time use.

Transactional messages only. The verification and follow-up messages we send in connection with your submission are transactional — they relate to your report, identity verification, device removal, and your claim. We will not send you marketing or promotional SMS unless you separately opt in to such messages, and you may withdraw any such marketing consent at any time without affecting transactional messages needed to process your submission. You may reply STOP to opt out of messages; opting out of transactional messages may prevent us from verifying or processing your submission. See our SMS Policy.

9.Privacy & data we log

Our handling of personal information is described in our Privacy Policy and, where applicable, our Cookie Policy, each of which is incorporated into these Terms. In addition, you specifically acknowledge that, for security and fraud-prevention purposes, we log the IP address, date and time, and device and browser information of the device that taps a verification link or enters a verification code, and we may associate that information with your submission. We may use this and related metadata to detect and investigate fraud or abuse, to establish the authenticity of a submission, and as evidence in connection with any Assigned Claim or dispute.

We may share your information with service providers, professional advisors, and, where you have assigned claims or requested removal, with counsel, contractors, courts, and counterparties to the extent reasonably necessary for those purposes, and as required by law.

In particular, you acknowledge and agree that 12gurus may provide the information you submit — including the owner and super mobile numbers, the property address, and your report — to any company to which it assigns the claims and to any affiliate, assignee, contractor, attorney, or other agent that 12gurus uses to handle the physical removal of devices, to follow up with the super or owner, to investigate or document the unauthorized installation, or to pursue the Assigned Claims.

Your phone numbers. We collect mobile numbers for the owner and the super solely to verify your identity, to follow up about the reported device, and to coordinate removal and any claim. We will not sell or publish your phone numbers. We will not use them for unrelated marketing, and we will only share them with the parties described above for the purposes described above.

11.Fees & compensation

Use of the Service to submit a report is currently provided at no charge to you. We may offer certain features for a fee in the future; if we do, we will disclose the fee before you incur it. If you assign claims, the sharing of any recovery (including the up-to-40% / 40% / 20% allocation) is governed by Section 5.4, and the costs of counsel retained to pursue the Assigned Claims are borne by 12gurus as the owner of those claims, not charged to or allocated by you.

12.Acceptable use

You agree not to: submit false, misleading, or fraudulent information; submit property you do not own or are not authorized to represent; impersonate any person or entity; interfere with or disrupt the Service; attempt to gain unauthorized access to the Service or its data; or use the Service in violation of any law. We may suspend or terminate access for any violation.

13.Intellectual property

The Service, including its design, text, graphics, and software (excluding your Submissions and third-party content), is owned by 12gurus or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose. All rights not expressly granted are reserved.

14.Third-party data & links

The Service may use third-party data sources (for example, public address and property-ownership records) and may link to third-party sites. We do not control and are not responsible for third-party data, services, or sites, and their inclusion does not imply endorsement. Public records may be incomplete or inaccurate; you are responsible for confirming that any properties you add are ones you own or are authorized to represent.

15.Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, that any submission will be received, verified, or acted upon, or that any claim, removal, or recovery will result.

16.Limitation of liability

To the maximum extent permitted by law, 12gurus and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed one hundred U.S. dollars (US$100).

17.Indemnification

You agree to indemnify and hold harmless 12gurus and its members, officers, employees, and agents from any and all claims, losses, liabilities, damages, and expenses — including reasonable attorneys’ fees, expert and consultant fees, investigation costs, court costs, and collection costs — arising out of or relating to your Submissions, your use of the Service, your breach of these Terms, or your representations regarding authority or ownership.

18.Dispute resolution; forum election; arbitration

Please read this Section carefully; it affects how disputes are resolved and may require arbitration on an individual basis.

18.1 Informal resolution first

Before commencing any proceeding, the parties will try in good faith to resolve any dispute arising out of or relating to these Terms or the Service informally by written notice to the contact below.

18.2 Forum election by the company

12gurus and/or any company to which it assigns the claims, in their sole discretion, have the right to elect whether any dispute arising out of or relating to these Terms or the Service proceeds (a) in binding arbitration administered by the American Arbitration Association (“AAA”), or (b) in court. You agree in advance to the forum that 12gurus or such assignee elects, and you waive any objection to that forum. This right of election belongs solely to 12gurus and its assignees; you do not have the right to elect the forum. Unless and until the company elects court, disputes you bring are subject to arbitration under Section 18.3; if the company elects, or no election is made, disputes proceed in the courts identified in Section 18.4.

18.3 If arbitration is elected

If arbitration is elected, the dispute will be resolved by final and binding arbitration administered by the AAA under its Commercial Arbitration Rules, before a single arbitrator, seated in Miami-Dade County, Florida. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction.

18.4 If litigation is elected (or no election is made)

If court is elected, or if no forum election is made, the exclusive venue for any action is the state courts located in Miami-Dade County, Florida and the United States District Court for the Southern District of Florida, and you consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.

18.5 Delegation

To the maximum extent permitted by law, the arbitrator (and not any court) has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable (a “delegation” provision). Where such delegation is held unenforceable, the question is decided by the courts identified in Section 18.4.

18.6 Class-action waiver

You and 12gurus (and, as a third-party beneficiary, any company to which it assigns the claims) agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

18.7 Emergency and injunctive relief

Notwithstanding the foregoing, either party (and any company to which 12gurus assigns the claims, as a third-party beneficiary) may seek emergency, temporary, or preliminary injunctive or other equitable relief in any court of competent jurisdiction, and doing so does not waive the right to elect arbitration of the underlying dispute.

18.8 Opt-out

You may opt out of this arbitration agreement by sending written notice to the contact in the “Contact” Section within 30 days of first accepting these Terms. If you opt out, disputes proceed in the courts identified in Section 18.4. Opting out does not affect the class-action waiver or any other provision.

18.9 Arbitration fees and costs; default for nonpayment

If a dispute proceeds in arbitration, you are responsible for all arbitration fees and costs, including the AAA’s administrative and filing fees, the arbitrator’s compensation, and related costs, except to the extent applicable law or the AAA rules require 12gurus (or its assignee) to bear a portion. Any refusal or failure by you to pay these fees or costs when due, at any time, shall constitute a default.

Upon such a default, 12gurus (or any company to which it has assigned the claims) may, at its election, treat the default as follows: 12gurus (or its assignee) may bring a new action in the United States District Court for the Southern District of Florida or the United States District Court for the Southern District of New York (or the state courts located in those districts), and you accept and agree, as a matter of fact and contract, that by such default you have defaulted on all of your non-dismissed claims and defenses that were pending in the arbitration, and that judgment may be entered against you in the amounts demanded by 12gurus (or its assignee) in connection with those claims. You consent to the personal jurisdiction and venue of those courts for this purpose and waive any objection based on venue or forum non conveniens. This Section does not limit any other remedy available for nonpayment, including dismissal of your claims by the arbitrator.

18.10 Severability of this Section

If the class-action waiver in Section 18.6 is held unenforceable as to a particular claim, that claim shall be severed and proceed in the courts identified in Section 18.4, while the remainder of this Section continues to apply. Except as stated for the class-action waiver, if any portion of this Section is held unenforceable, the remaining portions remain in effect.

19.Third-party beneficiary

Any company to which 12gurus assigns or transfers the Assigned Claims is an intended third-party beneficiary of these Terms. Such an assignee or designee is entitled to rely on, and to directly enforce, these Terms — including without limitation the assignment-of-claims provisions, the identity-verification and communications provisions, the privacy and data-logging provisions, the dispute-resolution and arbitration provisions, the class-action waiver, the limitation of liability, the indemnification, and the governing-law and venue provisions — to the same extent as 12gurus. Such an assignee or designee may enforce these Terms in its own name without joining 12gurus as a party, and you waive any objection based on the non-joinder or absence of 12gurus. Except for any such assignee or designee and the indemnified parties expressly identified in these Terms, there are no other third-party beneficiaries.

20.Survival

Any provision that by its nature should survive termination or expiration of these Terms will survive, including without limitation: the assignment of claims; the arbitration and dispute-resolution provisions (including the class-action waiver and delegation provision); indemnification; confidentiality; intellectual-property rights; limitations of liability and disclaimers; third-party-beneficiary rights; and the governing-law and venue provisions. Termination does not affect any assignment you have already made, which remains effective.

21.Force majeure

Neither 12gurus nor its assignees or agents will be liable for any delay or failure to perform resulting from causes beyond their reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, changes in law, utility or telecommunications failures, internet or hosting-provider outages, third-party service failures (including SMS, email, and mapping providers), or the acts or omissions of third parties (including Amazon and its agents).

22.Electronic signatures & acceptance

You agree that checking a box, submitting a form, using or clicking a verification link, entering a verification code, and completing identity verification each constitute your electronic signature and your legally binding acceptance of, and agreement to, these Terms — including the assignment of claims and the dispute-resolution provisions — with the same force and effect as a handwritten signature. You consent to transact electronically, to receive records and disclosures electronically, and you represent that you have the authority to bind yourself and, where applicable, the entity on whose behalf you act. Records of your acceptance, including associated metadata such as date, time, IP address, and device information, may be used as evidence of agreement.

Required vs. default-on options. On our intake form, your affirmative acceptance of these Terms (the “I have read the Terms” box) is required and is not pre-selected; you must check it yourself. The other options on that form — including assigning your claims (Section 5), requesting device removal (Section 6), and receiving one (1) email recommending access-control systems that log who enters your property and other real estate tools — are presented as checked by default, and by submitting with a box left checked you consent to that option. You may opt out of any of these default-on options at any time before submitting by unchecking its box, and you may later withdraw the marketing-email consent at any time by using the unsubscribe link or contacting us. Unchecking an option does not affect your acceptance of these Terms or your ability to submit a report. The required acceptance in the first box is never pre-selected and always requires your affirmative action.

23.Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above shows when. Material changes will be posted here and, where appropriate, notified to you. Your continued use of the Service after changes take effect means you accept the updated Terms. Changes do not retroactively alter an assignment you already made, which is governed by the Terms in effect when you made it.

24.General

These Terms, together with any separate written agreement and our Privacy Policy, are the entire agreement between you and 12gurus regarding the Service. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Subject to Section 18 (Dispute resolution; forum election; arbitration), the exclusive venue for any dispute is Miami-Dade County, Florida, including the state courts located there and the United States District Court for the Southern District of Florida. If any provision is held unenforceable, the remaining provisions stay in effect. The provisions of these Terms are severable, and the parties intend that each survive independently: if the recovery-allocation in Section 5.4 is held invalid or unenforceable, the assignment of claims in Section 5 nonetheless remains in full effect; if any part of the assignment in Section 5 is held invalid, the remainder of the assignment and these Terms remain in effect to the maximum extent permitted; if the arbitration agreement in Section 18 is held invalid or unenforceable, the forum-selection, governing-law, class-action-waiver, and venue provisions remain in effect; and if any provision is held overbroad, it shall be enforced to the maximum extent permitted rather than struck. The invalidity of any provision as applied to one party, claim, or circumstance does not affect its validity as applied to others. Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our consent; we may assign ours, including to an affiliate or successor. Headings are for convenience only.

25.Contact

ONTOTHEWEB.COM, LLC dba “12gurus” — PropertyOwnersUnited.org
[INSERT MAILING ADDRESS]
Email: [INSERT EMAIL]  ·  Phone: [INSERT PHONE]

Related policies: Privacy Policy · SMS Policy · Cookie Policy.