1. Terms and Conditions. These Terms and Conditions (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by Digs Company. and its subsidiaries and affiliates (collectively, “Digs”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND DIGS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
These Terms expressly supersede prior agreements or arrangements between you and Digs. Digs may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason and without notice.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Digs may amend the Terms related to the Services from time to time. Amendments will be effective upon Digs’ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. Digs’ Services. The Services offered by Digs are comprised of a technology platform that enables users of Digs’ mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule various home services including, without limitation, home maintenance, repair, and improvement (collectively, the “Home Services”) with independent third party providers of such Home Services who are under agreement with Digs (“Third Party Providers”). The Services are made available solely for your personal, noncommercial use.
DIGS MAKES NO WARRANTY WITH RESPECT TO THE HOME SERVICES AND ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED INCLUDING, WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT TO THE EXTENT THIRD PARTY PROVIDER’S ARE UTILIZED IN THE PROVISION OF HOME SERVICES TO YOU, DIGS’ SERVICES ARE USED BY YOU SOLELY TO REQUEST, COORDINATE, AND SCHEDULE SUCH HOME SERVICES. YOU AGREE THAT DIGS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES, INCLUDING THE QUALITY OR TIMING OF SUCH HOME SERVICES OR ANY ACT OMISSION OF ANY THIRD PARTY PROVIDER.
DIGS DOES NOT GUARANTEE OR WARRANT THE SUITABILITY, SAFETY, LICENSING, EXPERIENCE OR ABILITY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. DIGS WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, UNSATISFACTORY, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. DIGS SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
3. License to the Services. Subject to your compliance with these Terms, Digs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Digs and Digs’ licensors.
4. Intellectual Property Rights. Digs retains all rights, tile and interest (including, without limitation all intellectual property rights) in and to the Services and the Applications. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services and/or the Applications except for the limited license granted above; or (ii) to use or reference in any manner Digs’ company names, logos, product and service names, trademarks or services marks or those of Digs’ licensor.
5. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Digs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
7. Promotional Codes. Digs may, in Digs’ sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s services, subject to terms that Digs establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Digs; (iii) may be disabled by Digs at any time for any reason without liability to Digs; (iv) may only be used pursuant to the specific terms that Digs establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Digs reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Digs determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
8. User Provided Content. Digs may, in Digs’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Digs through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Digs, you grant Digs a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Digs’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Digs the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Digs’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Digs in its sole discretion, whether or not such material may be protected by law. Digs may, but shall not be obligated to, review, monitor, or remove User Content, at Digs’ sole discretion and at any time and for any reason, without notice to you.
9. Network Access and Devices. You are solely responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Digs does not guarantee or warrant that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
10. Payment for Home Services. You understand that use of the Services will result in payments by you for the Home Services you receive from Digs and/or Third Party Provider (“Charges”). After you have received Home Services obtained through your use of the Service, Digs will facilitate payment of the applicable Charges on behalf of Digs or the Third Party Provider (as such party’s limited collection agent), using the preferred payment method designated in your Account, and will send you a receipt by email. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Digs.
All Charges are due immediately and payment will be facilitated by Digs using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Digs may, on its own behalf or as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. Digs reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Digs’ sole discretion. Digs will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Digs may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Home Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Home Services or the Charges applied to you. You may elect to cancel your request for Home Services from Digs or a Third Party Provider (as applicable) at any time prior to the Digs Provider’s or Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate Digs or the Third Party Provider (as applicable) for the Home Services provided.
11. Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DIGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DIGS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE HOME SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH INCLUDING, WITHOUT LIMITATION, THE HOME SERVICES PROVIDED BY THIRD PARTY PROVIDERS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
12. Limitation of Liability. DIGS SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF DIGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIGS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP ARISING FROM THE USE OF THE SERVICES, EVEN IF DIGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIGS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DIGS’ REASONABLE CONTROL. IN NO EVENT SHALL DIGS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES (INCLUDING ANY HOME SERVICES PROVIDED PURSUANT TO THE SERVICES) FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
13. Indemnity. You agree to indemnify and hold Digs and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) the Home Services you obtain through the use of the Services, (iii) your breach or violation of any of these Terms; (iv) Digs’ use of your User Content; or (v) your violation of the rights of any third party, including Third Party Providers.
14. Dispute Resolution. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Digs, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Digs are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Digs otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Any award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15. Modifications. Notwithstanding the provisions of the modification-related provisions above, if Digs changes the “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Digs written notice of such rejection by mail or hand delivery to: Digs Company, Attn: Dispute Resolutions, 3200 Atlanta Silverbacks Way, Atlanta, GA 30340, or by email from the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Digs in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
16. Miscellaneous. a. Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any conflict of law principles. b. Notice. Digs may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Digs, with such notice deemed given when received by Digs, at any time by first class mail or pre-paid post to Digs Company, Attn: User Notices – 3200 Atlanta Silverbacks Way, Atlanta GA 30340. c. Assignment. You may not assign these Terms or your Account without Digs’ prior written approval. Digs may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Digs’ equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. d. Relationship. No joint venture, partnership, employment, or agency relationship exists between you, Digs, or any Third Party Provider as a result of this Agreement or use of the Services. e. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Digs’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Digs in writing.
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