TERMS OF SERVICE

Effective Date: 01/01/2026

Last Updated: 01/06/2026

1. ACCEPTANCE OF TERMS

Welcome to www.theaduwizard.com (the "Website"). By accessing or using this Website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use this Website.

The ADU Wizard ("we," "us," "our") reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.

2. DESCRIPTION OF SERVICE

The ADU Wizard operates as an independent sales representative contracted with LuxMod, an authorized dealer of MOMO Homes products. This Website provides:

  • Information about ADU (Accessory Dwelling Unit) products and models

  • Educational content regarding ADUs

  • Connection services between prospective buyers and MOMO Homes products through LuxMod

  • Sales representation services

3. INDEPENDENT CONTRACTOR STATUS

The ADU Wizard is an independent sales representative and is NOT:

  • An employee, agent, or affiliate of MOMO Homes

  • An employee or agent of LuxMod (except as an independent contractor)

  • A licensed contractor, builder, or construction professional

  • Authorized to enter into binding contracts on behalf of MOMO Homes or LuxMod

All final sales agreements, warranties, and product delivery are subject to acceptance and fulfillment by MOMO Homes and LuxMod.

4. NO BINDING AGREEMENTS

No information, quotation, or communication provided through this Website constitutes a binding offer or contract. All:

  • Pricing is subject to verification and approval by MOMO Homes

  • Product specifications are subject to change without notice

  • Availability is subject to confirmation

  • Orders require formal acceptance by MOMO Homes and/or LuxMod

5. USER ELIGIBILITY

You must be at least 18 years of age to use this Website or submit inquiries for ADU products. By using this Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

6. INTELLECTUAL PROPERTY

6.1 Ownership

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of The ADU Wizard, MOMO Homes, or its content suppliers and is protected by United States and international copyright laws.

6.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use this Website for personal, non-commercial purposes only. You may not:

  • Reproduce, distribute, modify, or create derivative works from Website content

  • Use any content for commercial purposes without express written permission

  • Remove or alter any copyright, trademark, or other proprietary notices

  • Use automated systems (bots, scrapers) to access the Website

6.3 Trademarks

MOMO Homes, LuxMod, and related logos and product names are trademarks of their respective owners. The ADU Wizard name and logo are proprietary marks. Use of any trademarks without express written permission is strictly prohibited.

7. USER SUBMISSIONS

7.1 Information You Provide

When you submit information through contact forms, email, or other communication methods, you grant The ADU Wizard a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, and share that information for business purposes, including:

  • Contacting you about ADU products and services

  • Sharing your information with LuxMod and MOMO Homes

  • Marketing and promotional purposes (with your consent)

7.2 Accuracy of Information

You agree to provide accurate, current, and complete information when submitting inquiries or requests. You are responsible for maintaining the accuracy of your contact information.

7.3 Prohibited Content

You may not submit content that:

  • Is false, misleading, or fraudulent

  • Infringes on intellectual property rights

  • Contains viruses, malware, or harmful code

  • Is defamatory, obscene, or threatening

  • Violates any applicable laws or regulations

8. PRIVACY

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

9. PRICING AND PAYMENT

9.1 Pricing Control

All product pricing is determined and controlled exclusively by MOMO Homes. Prices displayed on this Website:

  • Are estimates and subject to change without notice

  • May not include all applicable taxes, fees, permits, or installation costs

  • Must be confirmed by MOMO Homes before any purchase

  • May vary based on location, customization, and other factors

9.2 No Price Guarantees

The ADU Wizard makes no guarantees regarding pricing and is not responsible for:

  • Price increases or changes

  • Discrepancies between displayed and actual prices

  • Pricing errors or omissions

9.3 Payment Terms

All payment terms, methods, and schedules are determined by MOMO Homes and/or LuxMod. The ADU Wizard does not process payments or handle customer funds.

10. PRODUCT INFORMATION

10.1 Accuracy Disclaimer

While we strive for accuracy, product descriptions, specifications, images, and other content may:

  • Contain errors or inaccuracies

  • Be outdated or superseded by newer information

  • Vary from actual products

  • Be subject to change without notice

10.2 No Professional Advice

Information on this Website is for general informational purposes only and does NOT constitute:

  • Professional architectural or engineering advice

  • Legal advice regarding zoning, permits, or regulations

  • Financial or lending advice

  • Construction or building advice

  • Tax advice

You should consult appropriate licensed professionals for specific advice related to your project.

10.3 Local Regulations

ADU regulations, zoning requirements, building codes, and permit requirements vary by location. You are responsible for:

  • Researching local laws and regulations

  • Obtaining necessary permits and approvals

  • Ensuring compliance with all applicable codes

  • Verifying that ADUs are permitted in your area

11. THIRD-PARTY LINKS AND SERVICES

This Website may contain links to third-party websites or services. The ADU Wizard:

  • Does not control or endorse third-party websites

  • Is not responsible for third-party content, products, or services

  • Makes no warranties regarding third-party sites

  • Is not liable for any damages arising from third-party interactions

Your use of third-party websites is at your own risk and subject to their terms and conditions.

12. WARRANTIES AND DISCLAIMERS

12.1 Website "As Is"

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy, reliability, or completeness of content

  • Uninterrupted or error-free operation

  • Freedom from viruses or harmful components

12.2 Product Warranties

The ADU Wizard makes NO WARRANTIES regarding MOMO Homes products. All product warranties and guarantees are provided solely by MOMO Homes and are subject to their terms and conditions.

12.3 No Guarantee of Results

The ADU Wizard does not guarantee:

  • Approval of permits or applications

  • Successful project completion

  • Property value increases

  • Rental income or investment returns

  • Compliance with local regulations

13. LIMITATION OF LIABILITY

13.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ADU WIZARD SHALL NOT BE LIABLE FOR ANY:

  • Direct, indirect, incidental, consequential, or punitive damages

  • Loss of profits, revenue, data, or business opportunities

  • Personal injury or property damage

  • Damages arising from use or inability to use the Website

  • Damages arising from reliance on Website content

  • Damages related to MOMO Homes products or services

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if The ADU Wizard has been advised of the possibility of such damages.

13.2 Maximum Liability Cap

In no event shall The ADU Wizard's total liability to you for all claims exceed the greater of: (a) $0.00, or (b) the amount you paid to The ADU Wizard in the 12 months preceding the claim.

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The ADU Wizard, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Website

  • Your violation of these Terms

  • Your violation of any rights of another party

  • Your submission of false or misleading information

  • Any dispute between you and MOMO Homes or LuxMod

  • Your construction, installation, or use of any ADU product

15. GEOGRAPHIC RESTRICTIONS

The ADU Wizard operates primarily in The USA. Products and services may not be available in all areas. We reserve the right to limit sales or services to specific geographic regions at our discretion.

We make no representation that content or products are appropriate or available for use outside the United States.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before filing any formal dispute, you agree to contact The ADU Wizard to attempt to resolve the issue informally. Please send written notice to: joshua@theaduwizard.com

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the law, without regard to its conflict of law provisions.

16.3 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Website shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the USA.

YOU AGREE THAT DISPUTES WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

16.4 Exceptions to Arbitration

Either party may seek equitable relief in court for:

  • Intellectual property infringement

  • Misappropriation of trade secrets

  • Violations of the Computer Fraud and Abuse Act

16.5 Venue

If arbitration is not applicable or is deemed unenforceable, you agree that any legal action shall be brought exclusively in the state or federal courts located in the USA and you consent to the personal jurisdiction of such courts.

17. TERMINATION

17.1 Right to Terminate

The ADU Wizard reserves the right to:

  • Terminate or suspend your access to the Website at any time, with or without cause or notice

  • Modify or discontinue the Website or any features at any time

  • Refuse service to anyone for any reason

17.2 Effect of Termination

Upon termination:

  • Your right to use the Website immediately ceases

  • All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability

18. MISCELLANEOUS PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and The ADU Wizard regarding your use of the Website.

18.2 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under these Terms shall not constitute a waiver of such right.

18.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. The ADU Wizard may assign these Terms at any time without notice.

18.5 No Agency Relationship

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and The ADU Wizard.

18.6 Force Majeure

The ADU Wizard shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, or internet service failures.

18.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18.8 Contact for Legal Notices

All legal notices should be sent to:

The ADU Wizard
joshua@theaduwizard.com

19. CALIFORNIA RESIDENTS

If you are a California resident, you may have additional rights under California Civil Code Section 1789.3. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

20. ACKNOWLEDGMENT

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.