MoveZen Property Management Messaging Terms & Conditions
Effective Date: January 10, 2025

1. Acceptance of Terms

By accessing our website, using our services, or opting into communication programs, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our services.


2. Services Provided

MoveZen Property Management provides property management services, rental listings, resident support, and related services. We reserve the right to modify or discontinue any part of our services at any time without prior notice.


3. Eligibility

You must be at least 18 years of age to use our services. By accessing our services, you represent that you meet this eligibility requirement.


4. Messaging Terms

By providing your mobile number, you agree to receive recurring SMS/MMS messages as outlined in our Messaging Terms & Conditions (above). Consent to receive messages is not a condition of service.


5. Privacy

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your personal information. We will not sell your contact information or share it with third parties for marketing purposes.


6. User Conduct

You agree not to:

  • Use our services for unlawful or prohibited activities.
  • Impersonate any person or entity.
  • Interfere with or disrupt our services or servers.
  • Use automated means (e.g., bots) to access our services without permission.

MoveZen Property Management reserves the right to suspend or terminate access for violations of these Terms.


7. Fees and Payments

For paid services, you agree to pay all fees specified. Late payments may incur penalties. We reserve the right to update pricing and fees with reasonable notice.


8. Limitation of Liability

To the fullest extent permitted by law, MoveZen Property Management will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of our services, including but not limited to damages for loss of profits, goodwill, or data.


9. Indemnification

You agree to indemnify, defend, and hold harmless MoveZen Property Management and its affiliates from any claims, damages, or expenses arising from your use of our services or violation of these Terms.


10. Dispute Resolution

All disputes will be resolved through binding arbitration as detailed in our Messaging Terms & Conditions. You waive the right to participate in class actions and agree to pursue claims individually.


11. Third-Party Services

We may include links to third-party websites or services. MoveZen Property Management is not responsible for the availability, accuracy, or content of these external sites or services.


12. Termination

We reserve the right to suspend or terminate your access to our services for violations of these Terms or applicable laws.


13. Changes to Terms

We may modify these Terms at any time. Continued use of our services after changes are made constitutes acceptance of the revised Terms.


14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.


15. Contact Us

For inquiries or concerns regarding these Terms, please contact us at:

MoveZen Property Management
4002 1/2 Oleander Dr 1A
Wilmington, NC 28403

Or use the form on our contact page.

This SMS message program is a service of MoveZen Property Management. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from MoveZen Property Management. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give MoveZen Property Management permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. MoveZen Property Management reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. MoveZen Property Management also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. MoveZen Property Management, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the MoveZen Property Management messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our MoveZen Property Management Terms of Use and MoveZen Property Management Privacy Policy.

MoveZen Will Not Sell Your Contact Information, Or Share it With Third Parties for Marketing Purposes

Cancellation
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that MoveZen Property Management and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from MoveZen Property Management through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF MoveZen Property Management OR ANY PARTY ACTING ON BEHALF OF MoveZen Property Management BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO MoveZen Property Management HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF MoveZen Property Management HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE MoveZen Property Management MESSAGING PROGRAM. MoveZen Property Management AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless MoveZen Property Management, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from MoveZen Property Management or its service providers.

Dispute Resolution
General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from MoveZen Property Management or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND MoveZen Property Management ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or MoveZen Property Management to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and MoveZen Property Management will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND MoveZen Property Management 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and MoveZen Property Management agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and MoveZen Property Management are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND MoveZen Property Management 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and MoveZen Property Management agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if MoveZen Property Management makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to MoveZen Property Management’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and MoveZen Property Management.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from MoveZen Property Management after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and MoveZen Property Management concerning the Messaging Program.

Contact
Please contact us with any inquiries or concerns using the form on our contact page, or write to us at: 4002 1/2 Oleander Dr 1A Wilmington, NC 28403.

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