DomiDocs Inc. Terms and Conditions
Effective Date: 1/1/2020
You have arrived at DomiDocs.com, which is owned and operated by DomiDocs Inc., (“DomiDocs”). Throughout these Terms and Conditions (“Terms”), the words “DomiDocs,” “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.
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. 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. 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
You may be required to register with DomiDocs in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you authorized or were aware of them. DomiDocs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel or services in its sole discretion. If you are registering an account and using the Site on behalf of your employer or company, you represent and warrant that you are authorized to do so and that your employer or company will be fully responsible for your compliance with and any breach of these Terms.
As part of your subscription fee, you are entitled to store up to 50 GB of data with a Free subscription level and up to 100 GB of data with a Premium subscription level. DomiDocs reserves the right to implement fees for storage above those levels at its own discretion. You will be notified if your account exceeds these storage levels and the fees associated with it prior to being invoiced.
You agree that DomiDocs may periodically send you email to the email address you signed up with for various items such as suggested content, recommendations, reminders, newsletters, promotions, and other notices about the system and your content in the system.
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.
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 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.
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.
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.
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.
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 on one mobile device owned or leased solely by you, 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 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.
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, and 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).
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 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, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
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”) are not confidential and will become and remain DomiDocs s property. The disclosure, submission or offer of any Comments will constitute an assignment to DomiDocs of all worldwide rights, titles and interests (including without limitation, all patent, copyright, trade secret and other intellectual property rights) and goodwill in the Comments without payment of any 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 the DomiDocs logo are trademarks of DomiDocs. 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 affiliated with DomiDocs.
DomiDocs and its suppliers and licensors expressly reserve all intellectual property 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.
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 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 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.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DOMIDOCS OR ANY OF ITS 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.
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. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH 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 IP 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.
You consent to receive electronic communications from DomiDocs either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
These Terms, including policies incorporated herein, constitute the entire agreement between you and DomiDocs 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 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. 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 displaying such notices or by providing links to such notices. 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.