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.
SOLELY WITH RESPECT TO HOME SERVICES PROVIDED BY DIGS PROVIDERS, FOR A PERIOD OF NINETY (90) DAYS FROM THE PERFORMANCE OF SUCH HOME SERVICES, DIGS WARRANTS THAT SUCH HOME SERVICES SHALL BE PERFORMED IN A MANNER THAT IS CONSISTENT ACCORDANCE APPLICABLE INDUSTRY STANDARDS. EXCEPT FOR THE FOREGOING WARRANTY, DIGS MAKES NO OTHER 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. DIGS’ SOLE AND EXCLUSIVE LIABILITY TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY BREACH OF THE FOREGOING WARRANTY IS THE RE-PERFORMANCE OF THE HOME SERVICES PROVIDED BY THE DIGS PROVIDERS IN A MANNER THAT COMPLIES WITH SUCH WARRANTY.
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 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.
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.
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. After you have received Home Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Digs Provider or Third Party Provider.
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 Technologies, LLC, 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.
Collection and Use of Data.
Personally Identifiable Information.
The Services may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Services.
Privacy of Minors; Use by Minors.
Minors under the age of thirteen (13) are prohibited from using the Services. Minors under the age of eighteen (18) are not permitted to use or purchase any products or services from the Services without the permission and involvement of a parent or legal guardian. We do not intentionally collect or maintain Personal Information from individuals who are under thirteen (13) years old. If we obtain actual knowledge that a user is under thirteen (13) years of age, we will take steps to remove that user’s Personal Information permanently from our databases and Internet servers.