Date of Posting: June 30, 2023

American Smart Home (“Company,” “we,” “us,” or “our”) provides referrals for Home Security, Safety,
and or products through services registration (“Services”) and related content to you through this
website (“Site”) and through our mobile applications and related technologies (collectively “Mobile
Apps”). Your access to and use of the Service is subject to the terms and conditions contained in these
Terms of Use (as amended from time to time, the “Terms”). By accessing, browsing, or registering on our
Site, or Mobile Apps, you acknowledge that you have read, understood, and agree to be bound by these
Terms. If you do not accept these Terms, you are not authorized to access, review or register for Services

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE ANY
CLAIMS BETWEEN US, A WAIVER OF CLASS ACTION PARTICIPATION AND LIMITATIONS ON OUR
LIABILITY AND DAMAGES AND YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US
RESOLVED BY A JURY OR IN A COURT OF LAW.

SERVICES.

Our service (the “Service”) provides consumer registrations to various home service or product providers
participating in our network (the “Providers”). To use the Service, you must complete an online request
form (a “Request Form”) providing truthful personal information about you, including your name,
address, telephone number, email address. Please review our posted Privacy Policy to understand how
we will collect, use, store and disclose your personal information. The terms of the Privacy Policy are
incorporated into and considered a part of these Terms. Our Services are free to you. We receive
compensation from the Providers for referral of your information. This compensation may impact which
Provider receives your information from us. We do not represent all service or product providers in the
market. Thereafter, The Provider will contact you by telephone SMS or MSM. We are not affiliated with
any third party advertiser other than as stated above. As such, we do not recommend or endorse any
product or service on this website. If you are redirected to a third party advertiser’s site, you should
review their terms and conditions and privacy policy as they may differ significantly from those posted
on this site.
We may change any information, features, or functions of the Service without prior notice. We may deny
you access to all or part of the Service without prior notice if you engage in any conduct or activities that
we, in our sole discretion, believe violate these Terms, or may cause injury to a Provider or any third
party. We are not responsible for any errors or delays in providing Service caused by errors in the
Request Form information provided by you or by any technical problems beyond our reasonable control.
Any registrations for services or other purchases you make through Providers or Third-Party Websites
will be through other companies, and we have no control and therefore take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable third
party.

YOUR OBLIGATIONS.

You represent that the information you provide on your Request Form is accurate and truthful. If the
information in your Request Form is not accurate and truthful, we or our Service or Product Provider
may deny, suspend, or terminate your use of the Service.

You may not access or use the Site for any purpose other than that for which we make the Site available.
The Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us. As a user of the Site, you agree not to: (a) violate any law or regulation; (b)
violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights; (c) transmit
anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane,
obscene, hateful, racist, or otherwise objectionable; (d) transmit any malicious or unsolicited software;
(e) stalk, harass, or harm another person or entity; (f) impersonate or misrepresent your affiliation with
another person or entity; (g) use malicious code to “scrape,” “crawl,” or “spider” any pages contained in
the Site; or interfere with or disrupt the Site; (H) Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or under false pretenses; and
(i) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark
laws of the United States. The Content and the Marks are provided “AS IS” for your information and
personal use only. No portion of this Site may be used for commercial purposes without our express
prior consent. We grant you a limited license to access and use the Site and to download or print a copy
of any portion of the Site content for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.

DISCLAIMERS AND WAIVERS 

THE WEBSITE INCLUDING THE INFORMATION, ADVERTISING, SOFTWARE, PRODUCTS, AND SERVICES
ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY
ADVERTISING, INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY
USING THE WEBSITE. SERVICE, ADVERTISING OR OTHER INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK.

WE AND OUR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE
THE WEBSITE, OR SERVICE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.

WE DO NOT ENDORSE OR RECOMMEND THE SERVICES AND/OR PRODUCTS OF ANY PARTICULAR SERVICE
PROVIDERS. WE ARE NOT AN AGENT OF YOU OR ANY PROVIDER. WE ARE NOT INVOLVED WITH THE
PROVIDERS USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION
ABOUT WHETHER YOU MEET A PARTICULAR PROVIDERS CRITERIA. THE PROVIDER IS SOLELY
RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY
DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF
THE SERVICE. YOU UNDERSTAND THAT THE PROVIDER MAY KEEP YOUR REQUEST FORM INFORMATION,
WHETHER OR NOT YOU DO BUSINESS WITH THEM.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES,
SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE OUR AND
OUR PROVIDERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNITY

As a condition of using the Website or the Services, you agree to indemnify us and the Providers from
and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims
resulting from your use of the Website, Services and information provided on the Request Form
including any claims alleging facts that if true would constitute a breach by you of these Terms.

LINKS TO THIRD PARTIES 

In addition to provision of your information to Providers, the Website may contain links to other
websites operated by third parties. These links are provided for your convenience and reference only. We
do not operate or control in any respect any information, software, products, or services available on
such third-party sites. The inclusion of a link to a website does not imply any endorsement of the
services or the site, its contents, or its sponsoring organization. 

DISPUTE RESOLUTION BY BINDING ARBITRATION –PLEASE READ THIS SECTION CAREFULLY AS IT
AFFECTS YOUR RIGHTS

a. Agreement to Arbitrate.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration
Agreement.” You agree that any and all disputes or claims that have arisen or may arise between us,
whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any
advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively
through final and binding arbitration, rather than a court, in accordance with the terms of this
Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims
qualify. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by
jury. We are also agreeing to bring and defend each claim individually and not add any additional parties
to our dispute. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal
Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Waiver and 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 PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE 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), EXCEPT
THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF
UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Arbitration Procedures

Unless you and we agree in writing to proceed before a different arbitral body and/or arbitral rules, any
arbitration between you and US will be conducted by a neutral arbitrator in accordance with the
American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer
Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For
information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules
and fees for consumer disputes can be found at the AAA’s consumer arbitration
page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules
and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will
control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement
terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions
of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are
usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award
the same damages and relief on an individual basis that a court can award to an individual under these
Terms and applicable law. Decisions by the arbitrator are final and enforceable in court.

Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient
location for both parties with due consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, the determination will be made by AAA or
the arbitrator. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic
hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the award is based.

d. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be
governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement or the parties
entered into a separate agreement. If the value of the relief sought is $75,000 or less, at your request,
we will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to
demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration
Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your
portion of the Arbitration Fees, we will pay your portion of such fees. If you demonstrate to the
arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will
pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

e. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be
strictly confidential for the benefit of all parties.

f. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than
the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized
Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a
term or provision that is valid and enforceable and that comes closest to expressing the intention of the
invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so
modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled
“Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or
unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such
provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive
relief. The remainder of these Terms will continue to apply.

g. Future Changes to Arbitration Agreement 

Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future
change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of
the Service, you may reject any such change by sending us written notice within thirty (30) calendar
days. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in
accordance with the language of this Arbitration Agreement as of the date you first accepted these
Terms (or accepted any subsequent changes to these Terms).

SMS TERMS AND CONDITIONS 

By providing a mobile phone number you are giving express written permission to to communications via
SMS from us and our Providers. These communications may include a follow-up SMS message containing
a link to the Providers offer to you, marketing and may be used for business communications regarding
payments and the like. You may terminate your authorization at any time by contacting the party sending
you the SMS and notifying them of removal of your authority. You may remove your authority from us
by simply typing STOP in response to one of our messages. Please remember that Message and Data
Rates May Apply and we are not responsible for fees that your wireless carrier or other third parties may
charge you for use of this service. Messages may be delayed or undelivered for various factors. Carriers
are not liable for delayed or undelivered messages.

CHANGES TO SITE AND TERMS 

We reserve the right to change, modify, or remove the content and advertising posted on our Site at any
time or for any reason at our sole discretion without notice. We may also change the terms set forth in
our Privacy Policy and these Terms of Use. We will post to the website any changes but provide no other
notice to you. We do not know that the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in
connection therewith.

GENERAL TERMS 

These Terms constitute the entire agreement between you and us. These Terms will be governed by the
laws of Delaware without regard to its conflict of law principles. If any part of these Terms is determined
unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed
superseded by a valid and enforceable provision that most closely connects the intent of the original
provision and the remainder of these Terms will remain in effect. Any failure by us to exercise or enforce
any right or provision of these Terms will not be deemed a waiver of such right or provision. We may
amend these Terms at any time by posting the amended terms on its website. All amended terms are
automatically effective immediately upon posting.

ELECTRONIC DISCLOSURES AND SIGNATURES. 

By Submitting your Request Form you agree to receive notifications, disclosures, and other documents
and communications both from us and from our Service and Product providers with whom we share
your information. If you are contacted by a Service or Product Providers, you will be required to
execute agreements with them. We have no input or control as to those Agreements and you should
review those agreements carefully. You should also be aware that they may treat your Personal
Information differently than we do and be sure to review their policies. If you are asked to sign an
agreement electronically, that will be as binding as if you signed it in paper form. You may also require
you to consent to receiving all notifications from them electronically. These electronic communications
may include attempts to collect a debt.

Contact Information 

Contact us at: https://optconsumerprivacy.com
1-888-302-8476