1 DVORA™ RESIDENT COMMUNITY MEMBER TERMS
As a unique benefit to your residency at a DVORA-powered community (“Powered Community”),Dvora Powered by Life LLC (“Company”)offers numerous premium services and amenities for you to purchase(“Dvora Powered Services”). A list of available Dvora Powered Services are
available upon request.
Dvora Powered Services are available on a subscription or per use basis, depending on the nature of the service. You may choose which Dvora Powered Services to purchase or to which you would like to subscribe; however, not all Dvora Powered Services may be available in your Powered Community.Unless expressly stated otherwise, all Dvora Powered Services are performed by third-party service providers(“Contract Community Members”).
The following terms apply to all Dvora Powered Services, unless addressed with greater specificity herein with respect to individual Dvora Powered Services or terms provided to you by a particular Contract Community Member:
Fees for Dvora Powered Services
Except for Included Powered Services(defined below), which are included as part of your rent at no additional charge, Dvora Powered Services purchased on a subscription basis will be billed to you by Company on a monthly basis as Additional Rent as defined in your Lease and subsequently paid by Company to the Contract Community Member.
The Additional Rent, as provided above, is not part of your security deposit but rather is an additional rent payment as set forth in your Lease.
The Additional Rent charged is not refundable (either in whole or in part) under any circumstances including your non-use of any or all of the Dvora Powered Services or the unavailability of the Dvora Powered Services.
Dvora Powered Services purchased on a per use basis will be invoiced to you directly by Contract Community Members. You shall comply with all payment terms of the applicable Contract Community Member and pay all fees directly to the Contract Community Member in accordance with Contract Community Member’s terms.
Failure to pay a Contract Community Member in accordance with its terms may subject you to penalties. Company is not responsible for or liable to you for any fee disputes or late fees charged to you by a Contract Community Member, including, without limitation, cancellation fees or other penalties. Company reserves the right to terminate or suspend your access to any or all Dvora Powered Services in the event of a payment dispute with Company or a Contract Community Member.
Changes and Cancellations. You may change, reschedule or cancel Dvora Powered Services by contacting the applicable Contract Community Member directly. You are responsible for complying with Contract Community Member’s scheduling and cancellation terms, including, without limitation, paying any penalties, cancellation or rescheduling fees incurred. If a Contract Community Member is unable to access the Community or your residence for any reason, the Company is not liable or responsible whatsoever for any losses you may incur, including, without limitation, fees or penalties charged by a Contract Community Member.
If you select Dvora services that require entry into your residence (“In-Unit Services”), the following terms apply:
Included Powered Services. Certain In-Unit Services are offered at no additional charge upon your agreement to these Terms provided that you are not in violation of any terms of your Lease.
Right of Entry Authorization. By choosing any In-Unit Services, you are authorizing employees of the Company to unlock, access and enter your residence for the purpose of providing the In-Unit Services for which you have subscribed. You confirm that by purchasing In-Unit Services you have the right to authorize and agree to authorize Company employees to unlock, access and enter your residence.
In-Unit Disclaimers. Company has no responsibility or liability whatsoever for the acts or omissions of any person to whom you provide right of entry to your residence. Company is not liable or responsible to you whatsoever for any early, delayed or missed deliveries, or entries to your residence occurring outside at inopportune, unscheduled or inconvenient times. Company is not liable or responsible to you whatsoever for any lost or stolen items, or any damage or injuries to persons or property caused by persons you invite into your residence to provide In-Unit Services or otherwise.
Disclaimers. Company does not assume responsibility for the safety of Residents, occupants or guests who enter the Powered Community or use its facilities. Residents, guests and occupants assume the risks of any injury incurred in the use of Powered Community premises or facilities. Residents must adhere to all posted signage for everyone’s safety and protection. Any misuse of a Dvora Powered Services will be grounds for Lease termination and/or for use of the Dvora Powered Service being suspended or terminated. Availability of Dvora Powered Services may be curtailed or limited by construction, renovation, servicing, repairs or other reasons and Company shall not be in default under the Lease when this occurs. Residents are not entitled to rent abatement or damages when facilities, Dvora Powered Services and equipment are not available. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ME RCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DVORA POWERED SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF DVORA POWERED SERVICES AND PARTICIPATION IN ANY ACTIVITY WITHIN THE POWERED COMMUNITY IS AT YOUR SOLE RISK.
Limitation of Liability. THE FOLLOWING LIMITATIONS SHALL APPLY (A) TO INJURIES TO PERSONS AND ANIMALS (INCLUDING DEATH), OR DAMAGE TO PROPERTY (EXCLUDING DAMAGE TO COMPANY’S PROPERTY OUTSIDE OF YOUR RESIDENCE NOT CAUSED BY YOUR PET), THEFT AND VANDALISM, RESULTING IN WHOLE OR IN PART FROM THE ACTS OR OMISSIONS OF COMPANY OR ANY CONTRACT COMMUNITY MEMBER; AND (B) IN CONNECTION WITH OR BASED UPON YOUR PURCHASE OF DVORA POWERED SERVICES OR DVORA POWERED COMMUNITY ACTIVITY: (1)IN ALL CIRCUMSTANCES, COMPANY’S MAXIMUM LIABILITY FOR DIRECT DAMAGES FOR ANY AND ALL CAUSES OF ACTION WHATSOEVER, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED DOLLARS ($500), OR (B) THE INSURANCE DEDUCTIBLE ACTUALLY PAID BY YOU TO YOUR INSURANCE PROVIDER FOR THE COVERED LOSS, AND (2) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF DVORA POWERED SERVICES OR PARTICIPATION IN POWERED COMMUNITY ACTIVITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME.
Indemnification. You, and all co-Residents in your residence, jointly and severally,hereby indemnify, release and hold harmless Company, its affiliates, and each of their directors, officers, managers, members, affiliates, successors and assigns, from and against all liability and losses arising out of injuries to persons or animals (including death), and damage to any personal and real property, caused by (1) your negligence, willful acts or omissions, (2) a pet owned by you, within your residence, or otherwise under your guardianship, or (3) your possessions and property within your residence.
Changes to Dvora Powered Services. We may change, suspend, limit, or discontinue Dvora Powered Services, or any portion thereof, or the Dvora Powered Community, at any time without notice. We may amend any of these Terms at our sole discretion with notice to you.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the application of its conflicts of law principles. Any disputes arising out of these Terms shall be brought exclusively in the state courts of Hudson County, New Jersey, or the U.S. District Court, District of New Jersey.