Terms & Conditions August 2, 2020
THESE TERMS INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; (3) A WAIVER OF TRIAL BY JURY; AND (4) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF IDOIT. EXCEPT IF YOU OPT-OUT OR IN CASE OF CERTAIN LIMITED EXCEPTIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
3. About IDOIT
IDOIT is a web-based application that provides an online platform for obtaining customized interior design services for your physical spaces. Users may upload to IDOIT photographs of their physical spaces according to the guidelines provided by IDOIT, which will be used to develop and render various options for interior design for those spaces. Related features, functionality, and services may also be provided by IDOIT.
4. Purchases and Payments
The prices and terms of payment shall be provided on IDOIT and the Site. IDOIT or the Site may provide the possibility of purchases, in-app or otherwise. Purchases and the payments thereof will be processed through a third-party vendor, and the processing of such payments, refunds, accuracy of payment methods and related matters are governed by the policies of such vendors making IDOIT available to users. Purchases with IDOIT are non-refundable, unless explicitly provided otherwise in writing.
All payment information (such as a debit or credit card) that you provide must be accurate, active, and complete. By accessing and using IDOIT, you authorize us to charge your account for monies owed by you to the Company in accordance with these Terms. You hereby represent and warrant that your use of the payment information is legal, that you have the right to use such payment information as a way to pay for your use of IDOIT. If upon the termination of these Terms toward you, you owe monies related to your use of IDOIT, then you agree to pay such monies, and you agree for us to take all necessary and reasonable steps to that effect.
5. License Grant
Subject to these Terms, the Company grants you a limited, non-exclusive, non-sublicenseable, and nontransferable license to: (a) register with, use, and access IDOIT and/or the Site for your personal, non-commercial use on a computer, tablet, smartphone, mobile device, or any electronic device owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms; and (b) access, stream, download, and use on such Device the content, features, functionality, and services made available in or otherwise accessible through IDOIT, strictly in accordance with these Terms.
6. License Restrictions
You shall not: (a) copy IDOIT, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of IDOIT; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of IDOIT or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from IDOIT, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available IDOIT, or any content, features, functionality, or services of IDOIT, to any third party for any reason, including by making IDOIT available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized by these Terms; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting IDOIT; or (g) use IDOIT in, or in association with, the design, construction, maintenance, or operation of any hazardous, emergency, life-threatening, high-risk, and/or high-stake environments or systems, including, without limitation, any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
7. Reservation of Rights
You acknowledge and agree that IDOIT is provided under license, and not sold, to you. You do not acquire any ownership interest in IDOIT under these Terms, or any other rights thereto other than to use IDOIT in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. The Company and its licensors and vendors reserve and shall retain their entire right, title, and interest in and to IDOIT, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
8. Collection and Use of Your Information
We may from time to time in our sole discretion develop, provide, and implement application updates for IDOIT and/or otherwise make changes to all or parts of IDOIT, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, functionality, and services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular content, features, functionality, or services.
We may or may not backup any or all content, features, functionalities, services, or aspects of IDOIT, including your settings; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
Further, we reserve the right to in any way modify the content, features, functionality, status, settings, condition, services, and/or other personal features of IDOIT for a user at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice.
You agree that all Updates will be deemed part of IDOIT and be subject to all terms and conditions of these Terms.
10. Accessing IDOIT and Account Security
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to IDOIT or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
You acknowledge and accept that certain content, features, functionality, and/or services of IDOIT may be unavailable to you unless you register an Account. You further acknowledge and accept that certain content, features, functionality, and/or services of IDOIT may be available subject to payment by you.
We reserve the right to withdraw or amend IDOIT, and any content, features, functionality, and services we provide on IDOIT, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of IDOIT is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of IDOIT at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of IDOIT, to users, including registered users.
11. Intellectual Property Rights
IDOIT, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, Accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into IDOIT and/or the Site, and the client and server software) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree that you have no rights or title in or to any content that appears in IDOIT and/or the Site, and any other attributes associated with your access and use of IDOIT or stored on IDOIT’s server. As provided above, all such content, features, functionality, and services shall be owned by the Company, its licensors, or other providers of such material.
You must not: (i) modify copies of any materials from IDOIT; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of IDOIT or any services or materials available through IDOIT.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of IDOIT in breach of these Terms, your right to use IDOIT may be ceased immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to IDOIT or any content on IDOIT is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of IDOIT not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Company name, the names and application icons of IDOIT, the Company and IDOIT logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on IDOIT are the trademarks of their respective owners.
13. Prohibited Uses
You may use IDOIT and the Site only for lawful purposes and in accordance with these Terms. You agree not to use IDOIT or the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of IDOIT or the Site, or which, as determined by us, may harm the Company or users of IDOIT or the Site or expose them to liability.
- Use IDOIT in any manner that could disable, overburden, damage, or impair IDOIT or interfere with any other party's use of IDOIT, including their ability to engage in real time activities through IDOIT;
- Use any robot, spider or other automatic device, process or means to access IDOIT for any purpose, including monitoring or copying any of the material on IDOIT;
- Use any manual process to monitor or copy any of the material on IDOIT or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of IDOIT;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of IDOIT, the server on which IDOIT is stored, or any server, computer, Device, or database connected to IDOIT;
- Attack IDOIT via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of IDOIT.
We also do not recognize and cannot be forced to recognize the transfer of Accounts. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be void. We cannot assume responsibility for any such transaction.
14. Monitoring and Enforcement; Termination
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of IDOIT; and
- Terminate, remove, or suspend your access, including your Account, to all or part of IDOIT for any or no reason, including without limitation, any violation of these Terms.
You acknowledge that our exercising of these rights may cause harm or damages to you, and you hereby acknowledge and agree that the Company shall not be liable for any such harm or damages.
If you breach any of the terms of these Terms, all licenses granted by us, including permission to use IDOIT, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, your access to or use of IDOIT, or any part of the foregoing with or without notice, for any or no reason. If we delete your Account for any suspected breach of these Terms by you, you are prohibited from re-registering on IDOIT under a different name. You hereby acknowledge and agree that the Company shall not be liable for any harm or damages such actions or omissions may cause. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of our other rights or remedies at law or in equity.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone registering with, accessing, or using IDOIT and/or the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND VENDORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
15. Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. Content found to be infringing on the intellectual property rights of others will be removed in accordance Digital Millenium Copyright Act of 1998. If you believe copyright is being unlawfully infringed upon by a user(s) on or through IDOIT and/or the Site, and if you have the authority to act (e.g., you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright), then please report the alleged copyright infringements taking place on or through IDOIT and/or the Site by completing the following notice in accordance with 17 U.S.C. § 512(c) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action we deem appropriate in our sole discretion, including removal of the infringing material from IDOIT and/or the Site. The notification must include the following information:
- Identify the copyrighted work(s) that you claim has been infringed;
- Identify the infringing material which you request us to removed;
- Provide your mailing address, telephone number, and e-mail address;
- Include a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
- Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; and
- Provide your full legal name and your physical or electronic signature.
IDOIT Inc’s Copyright Agent to receive such notifications is:
352 Amherst Dr., Unit C, Burbank, CA 91504
Pursuant to 17 U.S.C. §512(f), the complaining party is subject to liability for any costs, attorney’s fees, and damages incurred by us in connection with the notification if the notification contains any misrepresentation of material fact.
16. Reliance on Information Posted
The information presented on or through IDOIT and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of IDOIT and/or the Site, or by anyone who may be informed of any of its contents.
17. Third-Party Materials and Links
IDOIT and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, including through third-party advertising as well as links contained in advertisements, including banner advertisements and sponsored links, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing the same. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to IDOIT and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
18. Geographic Restrictions
The owner of IDOIT is based in the state of California in the United States. We provide IDOIT for access and use only by persons located in the United States. We make no claims that IDOIT or any of its content, features, functionality, or services is accessible or appropriate outside of the United States, and you acknowledge that you may not be able to access all or some of IDOIT outside of the United States. Access to IDOIT may not be legal by certain persons or in certain countries. If you access IDOIT from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that IDOIT and any material, content, functionality, service, or feature thereof will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF IDOIT OR ANY SERVICES OR ITEMS OBTAINED THROUGH IDOIT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE (EACH, A “PAGE”) LINKED TO IT.
YOUR USE OF IDOIT, ITS CONTENT, FEATURES, SERVICES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IDOIT IS AT YOUR OWN RISK. IDOIT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH IDOIT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO IDOIT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF IDOIT, ITS CONTENT, FEATURES, SERVICES, FUNCTIONALITY, AND SERVICES AND ITEMS OBTAINED THROUGH IDOIT, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE VIRUS- OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT IDOIT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS OR THAT IDOIT OR ANY SERVICES OR ITEMS OBTAINED THROUGH IDOIT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER, THE COMPANY DOES NOT WARRANT ANY HARM TO YOUR COMPUTER SYSTEM AND/OR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF IDOIT, ITS CONTENT, FEATURES, SERVICES, FUNCTIONALITY, AND SERVICES AND ITEMS OBTAINED THROUGH IDOIT, OR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE COMPANY. FURTHER, THE COMPANY DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY, OR AVAILABILITY OF ANY PRODUCTS, GOODS, AND/OR SERVICES OBTAINED BY YOU FROM THIRD PARTIES (INCLUDING USERS) THROUGH IDOIT. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND/OR USE OF IDOIT, AND ANY THIRD PARTY PRODUCTS, GOODS, AND/OR SERVICES, REMAINS SOLELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, IDOIT, ANY SITES LINKED TO IDOIT, ANY CONTENT ON IDOIT OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH IDOIT OR SUCH OTHER SITES OR SUCH OTHER PAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING FROM OR RELATED TO: (I) THESE TERMS; (II) THE USE OR INABILITY TO USE IDOIT; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON IDOIT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (IV) ANY CONTENT OBTAINED FROM IDOIT; (V) THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT; OR (VI) ANY PRODUCTS, GOODS AND/OR SERVICES YOU RECEIVE FROM THIRD PARTIES; IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO IDOIT OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF IDOIT. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AGGREGATE AMOUNT THE COMPANY HAS ACTUALLY RECEIVED FROM YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER; NOTWITHSTANDING THE FOREGOING, THE COMPANY MAY, AT ITS OPTION, INSTEAD DECIDE TO RE-PERFORM THE SERVICES WHICH ARE PERFORMED THROUGH IDOIT. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BY USING OR ACCESSING IDOIT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Export Regulation
IDOIT may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release IDOIT to, or make IDOIT accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making IDOIT available outside the US.
23. US Government Rights
IDOIT is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to IDOIT as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
24. Governing Law and Jurisdiction
25. Arbitration, Dispute Resolution, and Class Action Waiver
Binding Arbitration. Any dispute or claim arising in any way from your use of IDOIT, except for disputes relating to the infringement of our intellectual property rights or the access or use of IDOIT in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: email@example.com. The Company will send any notice of dispute to you at the contact information we have for you.
Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, the Company will pay all other AAA and arbitrator’s fees and expenses.
Individual Basis and Waiver of Trial by Jury. To the fullest extent permitted by applicable law, you and the Company each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any controversy that may arise under these Terms is likely to involve complicated and difficult issues and, therefore, you and we irrevocably and unconditionally waive any right you or we may have to a trial by jury in respect of any legal action arising out of or relating to these Terms. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and the Company each agree to the exclusive jurisdiction of the Federal and State courts located in the City of Los Angeles, State of California, and you and the Company each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opting Out. If you do not want to arbitrate disputes with the Company and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use IDOIT.
26. Limitation on Time to File Claims
27. Waiver and Severability
28. Entire Agreement
29. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
We may give notice to you by means of a general notice on IDOIT, electronic mail, or by written communication sent by first class mail or pre-paid post. 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 us (such notice shall be deemed given when received by us) at any time by sending an email to email@example.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company, which may be withheld at the Company’s sole and absolute discretion. Any attempt by you to assign these Terms without the written consent of the Company shall be null and void.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.
The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only.
32. Your Comments and Concerns
IDOIT is operated by IDOIT Inc, a California corporation with an address at 352 Amherst Dr., Unit C, Burbank, CA 91504. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to IDOIT should be directed to: firstname.lastname@example.org.