DomiDocs Inc. Terms and Conditions
Effective Date: 11/22/2021
You have arrived at DomiDocs.com, which is owned and operated by DomiDocs Inc., (“DomiDocs”). Throughout these Terms and Conditions (“Terms”), the words “DomiDocs,” “HomeLock,” “we,” “us,” and “our” refer to DomiDocs, and its affiliates, and the words “you” and “your” refer to the user visiting the Website. These Terms are applicable to the services available on or through the [Domidocs.com] website, mobile applications, or tools posting a link to this page (collectively referred to as the “Site”), and details your responsibilities, thereby limiting the liability of DomiDocs and its third-party partners and suppliers. The Site offers various services (“Services”) relating to your own residence or residences that you may own, manage or operate, as well as to real estate agents, brokers, developers, contractors and other service providers and professionals that use our Site or Services for their own professional use or for their clients. As a subsidiary of DomiDocs, all terms contained herein concerning the use of the DomiDocs website, services, and software shall also expressly apply to the use of the HomeLock website, services, and software.
BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THESE TERMS CAREFULLY. YOUR ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS, AS WELL AS APPLICABLE LAWS AND REGULATIONS. BY ACCESSING ANY AREAS OF THE SITE, USERS AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION OR CHANGE AND TO ABIDE BY THESE TERMS. If at any time you do not agree with any part of these Terms, YOU MUST DISCONTINUE USE OF THE SITE.
DomiDocs reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. We may also attempt to notify you of such changes in other ways, including, without limitation, by email. We are not obligated to expressly notify or inform you of any changes made to these Terms. Unless we say otherwise, any amended Terms will be effective immediately and your continued use of the Site after the amended Terms are posted will confirm and indicate your acceptance of all changes. Each time you use the Site, you should review the current Terms for any updates or changes that have been recently posted. If you do not agree to the amended Terms, you must stop using the Site immediately. These Terms may not otherwise be amended except in writing signed by both parties.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THESE TERMS, YOU MAY NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THE SITE MAY BE TERMINATED IMMEDIATELY IN DOMIDOCS SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
USE OF THE SITE AND RESTRICTIONS
Provided you have registered on the Site and paid all applicable fees for these Services, you may access and use the Site and Services on a non-exclusive, non-transferable basis, for your personal use in accordance with all applicable laws and regulations, and in accordance with these Terms.
You shall not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any portion of the Site or the Services; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code for any Services, software, or feature offered on or through the Site; (c) other than for your use of the Site or Services as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (d) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content (as defined below) or other information transmitted to or via the Sites.
REGISTRATION FOR SERVICES AND YOUR ACCOUNT
Cookies are a small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you.
In addition to DomiDocs’s own cookies, we may also use various third-parties cookies to report usage statistics of the Site and to deliver advertisements on and through the Site.
Cookies are a small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you.
In addition to DomiDocs’s own cookies, we may also use various third-parties cookies to report usage statistics of the Site and to deliver advertisements on and through the Site.
If you are on a monthly payment subscription and elect to cancel your service, you will receive no refund for the month in which you canceled the service. There are no refunds for previous months that you were billed for the service. If you are on an annual prepaid subscription and elect to cancel your service, there is no full refund and no pro-rated refund amount based on the number of days left in your annual service from the day we receive your cancellation request.
Subscriptions may be offered on an annual or monthly basis as indicated on the Site. The fee that we will charge you for your subscription will be the price posted on the Site on the date that you register for the Service. DomiDocs reserves the right to change prices for subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your Premium subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover).] We will charge your credit or debit card for your first subscription fee on the date that we process your order for your subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period). Once your credit or debit card is charged the first subscription fee (or if you sign-up for a subscription that includes a free-trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription-only portions of the Site.
IMPORTANT NOTICE: DOMIDOCS WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION MONTHLY OR ANNUALLY ON THE SAME DATE EACH FOLLOWING MONTH FOR MONTHLY SUBSCRIPTIONS OR ON THE ANNIVERSARY DATE FOR ANNUAL SUBSCRIPTIONS OF THE DATE THAT DOMIDOCS FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, DOMIDOCS WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MONTHLY OR YEARLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE APPLICABLE RENEWAL DATE). EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR, DEPENDING ON THE TYPE OF SUBSCRIPTION ORDERED. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING DOMIDOCS at 833-366-4362 or [email protected], OR YOU CAN CANCEL YOURSELF WITHIN THE DOMIDOCS APPLICATION. DOMIDOCS REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT YEARLY OR MONTHLY SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY OR YEARLY SUBSCRIPTION TERM, AS APPLICABLE.
FREE TRIAL PERIODS: YOU MAY BE OFFERED A FREE-TRIAL PERIOD TO TEST THE SERVICES. PLEASE NOTE THAT IF YOU DO NOT CONVERT TO PAYING SUBSCRIPTION BY THE END OF THE FREE TRIAL PERIOD, YOUR ACCOUNT WILL BE AUTOMATICALLY TERMINATED AND ALL INFORMATION WE HAVE RECEIVED DURING THE TRIAL PERIOD WILL BE ARCHIVED. HOWEVER, IF YOU OPT TO CONVERT TO A PAYING SUBSCRIPTION DURING THE FREE TRIAL PERIOD, ALL OF THE ABOVE TERMS WILL APPLY TO YOUR SUBSCRIPTION.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your subscription based on the mailing address that you provide when you register your account, and you authorize DomiDocs to charge your credit or debit card for any such applicable taxes.
If you miss a payment, the charge is declined, or payment is otherwise unable to be obtained, you will immediately lose access to the advanced features and functionality associated with your paid membership and your account will be downgraded to a Premium membership.
DOMIDOCS REFUND POLICY
If you are on a monthly payment subscription and elect to cancel your service, you will receive no refund for the month in which you canceled the service. There are no refunds for previous months that you were billed for the service. If you are on an annual prepaid subscription and elect to cancel your service, there is no full refund and no pro-rated refund amount based on the number of days left in your annual service from the day we receive your cancellation request. There are no refunds for previous years that you were billed for the service.
HOMELOCK REFUND POLICY
You may cancel your HomeLock subscription plan or automatic renewal by calling (833-366-4362) or emailing [email protected] in accordance with our Refund Policy. Annual Subscriptions: You may cancel your annual subscription at any time during the first 30 days following the subscription period start date for a full refund. Please allow up to 1 week to receive your refund. The 30-day trial period is valid for only first-time signups and begins when the subscription service first starts.
HOMELOCK PROTECTION POLICY
HomeLock’s system alert accuracy is limited to correct data from vendors, county and property record systems alike. With each annual subscription, HomeLock customers will receive two hours of resolution services from our Protection Team. If HomeLock determines that legal support is required, customers will receive up to $25,000 in legal coverage for any fraud that has occurred since this membership was activated. This coverage is limited to those incidents of fraud that HomeLock determines qualifies for this coverage. HomeLock will also choose the attorney who will provide these legal services from our network of attorneys. HomeLock also provides $1,000,000 in cyber liability coverage in the event that HomeLock experiences a system failure or breach resulting to an incident that directly affects the HomeLock platform and results in a customer experiencing a loss. This coverage does not extend to any documents or information that had not yet been transferred or uploaded to the DomiDocs platform.
ACCURACY OF INFORMATION PROVIDED BY YOU
You are responsible for providing accurate and complete information when you register your account, and to update that information promptly if there are any changes to it. You represent and warrant that any information, documents, photos, or other material that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information, documents, photos, or other material you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and you are solely responsible for any of that inaccurate, obsolete, or incomplete information.
The Site may allow you to upload, post, and display documents relating to your residence such as appliance and equipment information, home improvement and repairs, invoices, user manuals, photos, mortgage-related documents, financial information, video, photos, text messages, other materials, items and user-generated content (collectively, “User Content”). The Site may also feature areas where you can interact with other users such as message boards, chat rooms and other interactive features (“Interactive Features”). You are solely responsible for your use of any Interactive Feature and you use them at your own risk.
If you submit any User Content or participate in an Interactive Feature within or in connection with the Site, you agree (a) not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any copyright, trademark, trade secret, patent or other intellectual property rights, or any statements which may defame, harass, stalk or threaten others; (b) not to upload, post or otherwise transmit any User Content that is offensive or contains expressions of bigotry, racism, abusiveness, vulgarity or profanity; (c) not to show or provide any photo, video or personal information of a minor or child without the express written consent of the parent and/or legal guardian; ( d) not to show or provide any photo, video or personal information of any third party, unless you have the express written consent of such third party to do so; (e) not to upload, post or otherwise transmit any material that contains sexually explicit images, pornography or that is otherwise obscene; (f) not to upload, post or otherwise transmit any User Content that violates any law, including Fair Housing Laws, or engage in activity that would constitute a criminal offense or give rise to a civil liability; (g) not to upload, post or otherwise transmit, without DomiDocs’ express prior approval, User Content which contains advertising or any solicitation with respect to products or services; (h) not to impersonate any person or entity; (i) not to invade or violate any person’s right of privacy or publicity, including, without limitation, harvesting or collecting personally-identifiable information; (j) not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component; (h) not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and (k) not to post any information that is false, misleading or inaccurate. Any User Content that violates any of the foregoing requirements may be deleted or removed by DomiDocs in it is sole discretion and without notice to users.
DomiDocs is not responsible for the maintenance or safeguarding of any documents or information that has not yet been transferred or uploaded to the DomiDocs platform.
POSTING AND TRANSFER OF USER CONTENT
This Site may allow you publicly post User Content and to transfer such User Content to another user or to any person that has purchased your residence or other real property. You represent and warrant that you have full right, power and authority to post and transfer the User Content and that doing so will not violate the rights or interests of a third party. DomiDocs is not responsible for any loss, damage, mutilation, alteration, theft, deletion or modification of any User Content. YOU SHOULD ALWAYS MAINTAIN A BACKUP COPY OF YOUR USER CONTENT.
DomiDocs does not sponsor, endorse, recommend or approve of any real estate agents, brokers, developers, contractors, manufacturers and any home-related service providers (“Providers”) who offer services through the Site or the Services. While we try to confirm that participating Providers are licensed to perform their respective services, we cannot and do not represent or warrant that any Provider who offers services through the Site is licensed, qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
FRAUD IDENTIFICATION, PREVENTION, AND RESOLUTION SERVICES
Under Chapter 624 of the Florida Statutes (The Florida Insurance Code), insurers and its agents, attorneys, subscribers, and representatives are required to obtain a Certificate of Authority to directly or indirectly transact insurance in the State of Florida. However, DomiDocs, Inc. is not in the insurance business and it is not, nor does it claim to be, an insurance company or an insurance broker. DomiDocs is not registered with the National Association of Insurance Commissioners and does not hold an insurance license for any state within the United States. DomiDocs is a fraud resolution company that provides services and products related to fraud identification, prevention, and resolution. Additionally, the services performed by DomiDocs are limited only to identifying instances of possible or potential fraud.
In providing alerts of possible or potential fraud, DomiDocs is not affirmatively asserting that an instance of fraud has occurred related to any of the properties for which you have registered to receive DomiDocs services. Instead, this is simply a warning that possible or potential fraud could occur based on results from DomiDocs monitoring services. Therefore, DomiDocs cannot be held liable or provide any reimbursements for any instances in which detected possible or potential fraud concerning properties for which you have registered to receive DomiDocs services do not ultimately constitute or culminate in instances of fraud against these properties.
FRAUDULENT ACCOUNT USE
DomiDocs, Inc. is not liable for failure to provide services in instances where the customer has paid for his or her HomeLock subscription and provided incorrect or invalid contact information, including an incorrect phone number or e-mail address. In the event that incorrect contact information is given, DomiDocs, Inc. will make three attempts to contact the customer via alternate methods of contact to verify or update his or her contact information. If this is unsuccessful, DomiDocs, Inc. will, within thirty days of this final attempt, send a letter to the physical address on file. During these ongoing communication attempts, DomiDocs, Inc. is not liable for any fraud on the customer’s account. After these attempts to contact the customer, due to the customer’s failure to secure the account by verifying or updating his or her contact information, DomiDocs, Inc. will be unable to provide alerts in instances of suspected fraud or misuse of the customer’s account. Therefore, DomiDocs, Inc. will not be held liable for any resulting fraud on the customer’s account.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links to websites of third parties (“Third Party Sites”). DomiDocs is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such Third-Party Site. Before enabling any sharing functions of the Site to communicate with any such Third-Party Site, DomiDocs strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such Third-Party Site. The links and interactive functionality for Third Party Sites on the Site in no way constitute an endorsement by DomiDocs of these Third-Party Sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY SITES AND RESOURCES IS AT YOUR OWN RISK.
DomiDocs may make available mobile applications access the Site via a mobile device (a “Mobile Application”). To use the Mobile Application, you must have a mobile device that is compatible with the mobile service. DomiDocs does not warrant that the Mobile Application will be compatible with your mobile device. DomiDocs hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that DomiDocs may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will immediately apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and DomiDocs and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application. In addition to Apple and Android the terms contained in this section will also apply to any other known or unknown Mobile Application platform or device.
The following additional terms and conditions apply with respect to any Mobile Application that DomiDocs provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and DomiDocs only, and not with Apple, Inc. (“Apple”).
- Your use of DomiDocs’ iOS App must comply with Apple’s then-current App Store Terms of Service.
- DomiDocs, and not Apple, is solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that DomiDocs, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that DomiDocs, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- You acknowledge and agree that Apple is a third-party beneficiary to these Terms as they relate to DomiDocs’s iOS App.
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of DomiDocs’ iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that DomiDocs provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and DomiDocs only, and not with Google, Inc. (“Google”).
- Your use of DomiDocs s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. DomiDocs, and not Google, are solely responsible for DomiDocs’ Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to DomiDocs s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to DomiDocs s Android App.
DomiDocs reserves the right, without notice, without any financial compensation or refund, and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be affected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, including but not limited to all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination. DomiDocs has the absolute right to immediately, and without notice, discontinue or suspend your use of the Site if DomiDocs, in its discretion, determines that your use of the Site is in any way improper or inconsistent with these Terms.
COMMENTS / FEEDBACK
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to DomiDocs using this Site, Mobile Applications or otherwise (collectively, “Comments”) will not be considered or treated as confidential or proprietary and all information that you provide will become and remain DomiDocs’s property from the point of its disclosure. The disclosure, submission or offer of any Comments will constitute an assignment to DomiDocs of all worldwide ownership, rights, titles and interests (including without limitation, all patent, copyright, trade secret and other intellectual property rights) and goodwill in the Comments without any form of payment or compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
INTELLECTUAL PROPERTY RIGHTS
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, Mobile Applications, software and other material (collectively “Content”), is owned or licensed property of DomiDocs or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of DomiDocs and protected by U.S. and international copyright laws.
DomiDocs and HomeLock™, including both the names and logos of each, are registered in the United States. Unauthorized use is strictly prohibited. Other trademarks used herein are the trademarks of their respective owners and are not intended to indicate any endorsement, sponsorship or affiliation with DomiDocs.
DomiDocs, HomeLock, and its suppliers and licensors expressly reserve all intellectual property ownership and rights in all Content. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of DomiDocs’ or any third party’s intellectual property rights.
The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage users to do the same.
Notice and Procedure for Copyright Infringement Claim
If you are a copyright owner or an agent thereof and believe that any User Content or other Site content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DomiDocs designated Copyright Agent for notice of claims of infringement is:
Attn: Copyright Agent:
2336 SE Ocean Blvd. Ste. 248
Stuart, FL. 34996
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to DomiDocs at [email protected] You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state you are located or the State of Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, DomiDocs shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, DomiDocs may, in its sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, DomiDocs shall, in appropriate circumstances, terminate access, at DomiDocs’ sole discretion, of any user that DomiDocs finds to be a repeat infringer of others copyrights. DomiDocs may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
DISCLAIMERS OF WARRANTIES – GENERAL
While DomiDocs attempts to ensure your access and use of the Site is safe, DomiDocs cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements. DomiDocs further disclaims any and all warranties, express or implied, regarding the User Content. Furthermore, while DomiDocs will make every effort to keep the materials and information on this Site accurate, DomiDocs disclaims any warranty or representation, express or implied about the accuracy, completeness, or appropriateness of materials or information for a particular purpose. By using this Site, you assume full responsibility for using the materials and information available on this Site and you also understand and agree that DomiDocs is not responsible or liable for any claim, loss, damage, or expenses resulting from the use of this Site.
DomiDocs recommends that you install appropriate defenses against viruses and other malware before you download any information from the Site. DomiDocs shall not accept any liability for any virus or malware contracted as a result of visiting this Site or any other website and will not be liable for any claim, loss, damage, costs, or expenses suffered or incurred by any person as a result of the presence of any virus or malware on this Site or any other website.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DOMIDOCS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DOMIDOCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT EMAILS SENT FROM DOMIDOCS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. DOMIDOCS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DOMIDOCS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to Third Party Sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to follow, click on, or otherwise engage with a link to any such Third-Party Sites, you do so entirely at your own risk.
The Site is controlled and operated by DomiDocs from the United States, and is not intended to subject DomiDocs to the laws or jurisdiction of any state, country or territory other than that of the United States. DomiDocs does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and in your choosing to use the Site, you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion without any prior notice required.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DOMIDOCS, HOMELOCK, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOMIDOCS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH T THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. UNDER SEPARATE AGREEMENTS WITH DOMIDOCS, YOU MAY ALSO BE ENTITLED TO SOME ADDITIONAL REMEDIES. PLEASE REFER TO THOSE SPECIFIC AGREEMENTS FOR MORE INFORMATION ABOUT AVAILABLE REMEDIES AND OTHER RELEVANT LIMITATION OF LIABILITY PROVISIONS CONTAINED THEREIN.
CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, nothing herein limits or waives your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, DomiDocs reserves all rights, defenses and permissible limitations under the law of your State of residence. Nothing in this Section shall be construed to limit or modify the “Class Action Waiver” sections herein.
CLASS ACTION WAIVER
Any arbitration under this these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DOMIDOCS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE OR ATTORNEY GENERAL ACTION.
REPRESENTATION AND WARRANTIES/INDEMNIFICATION AND DEFENSE OF DOMIDOCS
You represent and warrant that your User Content is accurate and not misleading, does not and will not violate the Intellectual Property Rights, rights of privacy or publicity, or any other rights of any third party, and does not violate these Terms. As a condition of the use of the Site, you agree to defend, indemnify and hold harmless DomiDocs, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site or the User Content or any breach of these Terms by you.
ENFORCEMENT OF THESE TERMS
BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS SUBJECT TO THESE TERMS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA. The laws of the State of Florida, without regard to its choice–of–law principles, govern all matters arising out of or related to these Terms, including the sale of any products. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms, including the sale or license of any products, shall be the federal or state courts of Palm Beach County, Florida and you submit to the personal jurisdiction and venue of those courts.
These Terms, including policies incorporated herein, constitute the entire agreement between you and DomiDocs, only with respect to the Site and the Services. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DomiDocs, only with respect to the Site. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given and it will not extend to other circumstances, situations, or instances. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms creates a relationship of agent and principal, partners, franchisor-franchisee, joint ventures or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may also provide notice of changes to these Terms by simply updating these Terms, with no requirement to provide you with specific notice of these updated Terms. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.