DoHonetDoList - Project Submission Customer Agreement
Last updated on 21 Dec, 2022
Dohoneydolist Project Submission Customer Agreement is as follows:
1. ACCEPTANCE OF THIS AGREEMENT
Your access to, use of, or participation in this Dohoneydolist
Projects Submission Program (as defined below) is subject to this Dohoneydolist
Projects Submission Customer Agreement (“Agreement”) and all applicable Dohoneydolist
regulations, guidelines, and agreements. This Agreement and the Dohoneydolist
Privacy Policy, which is hereby incorporated herein, constitute a
legally-binding contract between you and Dohoneydoliste’s List, Inc., d/b/a Dohoneydolist
("Dohoneydolist").
All references to “you” or “your,” as applicable,
mean the person who accesses, uses, and/or participates in the Program in any
manner. You may not access, use, and/or participate in the Program if you are
under 18 years of age.
This Agreement shall be effective on the date
accepted by you. Dohoneydolist reserves the right to immediately terminate this
Agreement for any reason at any time.
2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY
POLICY
Dohoneydolist reserves the right, in its sole
discretion and at any time, to change, modify, or otherwise amend this
Agreement and any other documents incorporated herein by reference. Dohoneydolist
will post any amended Agreements on its website in the same location where the
prior Agreement was posted—i.e., where it is presented to you before submit
your project (as defined below). It is your responsibility to review the
Agreement for any changes. Your continued use of the Program will signify your
assent to, and acceptance of, the amended Agreement. If you do not agree to
abide by this or any amended Agreement, you are prohibited from participating in
the Program.
You agree to be bound by Dohoneydolist’s Privacy
Policy, found here.
3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM
The Projects Submission Program is intended to
provide a quick and easy way for Dohoneydolist members or non-member visiting Dohoneydolist's
website, mobile application, or other Dohoneydolist tools or platform
(“Customers”) to find an eligible service provider who is interested in
accepting a home improvement project (the “Program”). The goal is to connect
Customers like you with a service provider who will quickly communicate with
the Customer their availability and acceptance of the project should the
Customer select them to perform the work.
4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using Dohoneydolist, you will be prompted to
disclose certain information about yourself and your service requirements, and
you will be able to store information, such as home services records, on our
website or apps. Some of this information will be sent to Service Providers who
will need this information to respond to your request. By providing this
information to us, or by submitting a service request, you are requesting, and
you expressly consent to being contacted by us and by our Service Providers via
phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at
any of your contact numbers or addresses, even if you are listed on any
federal, state, provincial or other applicable "Do Not Call" list, in
order that we may provide the Services set forth on our site, to service your
account, to reasonably address matters pertaining to your account, including
but not limited to notifying you of, or confirming, appointments that you have
scheduled, or for other purposes reasonably related to your service request and
our business, including marketing related emails. You also authorize Dohoneydolist
to send you an automated prerecorded call confirming your service request,
along with calls from up to four Service Providers that can help you with your
request to the land-line or mobile phone number you provided, and you
understand that either Dohoneydolist or the Service Providers may use automated
phone technology (including autodialed and prerecorded messages) to call you
and that your consent is not required to purchase products or services. For
complete details on our use of your information, please see our Privacy Policy.
You agree that by completing a service request, you are entering into a
business relationship with Dohoneydolist and/or a Service Provider and thus
agree to be contacted by Dohoneydolist and/or a Service Provider. You promise
that all information you provide (including but not limited to your contact
information, and any Ratings and Reviews of Service Providers that you provide)
will be accurate, current and truthful to the best of your knowledge. If you
provide any information that is untrue, not current or incomplete, or Dohoneydolist
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Dohoneydolist has the right to refuse any current or
future use of the Program (or any portion thereof) or any other Dohoneydolist
services by you. You are responsible for any use of the Program or any other Dohoneydolist
services by persons to whom you intentionally or negligently allow access to
your password.
5. YOUR CONDUCT
In connection with your participation in the
Program and use of the Platform, you represent and warrant that you:
- Are
above the age of eighteen (18);
- Will abide by the letter and spirit of the
terms and conditions of this Agreement and all applicable local, state, national
or international laws;
- Will not submit any Projects or content that
may be considered by Dohoneydolist to be unlawful, harassing, libelous,
abusive, threatening, obscene, profane, hateful, offensive, harmful,
vulgar, distasteful, defamatory, invasive of another person’s privacy or
proprietary rights, or racially, ethnically or otherwise objectionable;
- Will submit thorough and thoughtful Projects
that will provide service providers with accurate and detailed information
sufficient for them to understand the Project you would like to have
completed;
- Will not submit Projects or content that
comment on other service providers or Customers;
- Will not impersonate, or attempt to
impersonate, any other person, falsify contact information, misrepresent a
relationship with any person or entity, including misrepresenting a
relationship with Dohoneydolist, or otherwise attempt to mislead others as
to your identity;
- Will not submit Projects or content that are
encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders,
cancelbots or other computer programming routines that are intended to
damage, interfere with, disrupt, impair, disable or otherwise overburden
our Platform;
- Will not access, download or copy any content
contained on our Platform through artificial means (including but not
limited to spiders, hacking devices, computer programs, bots or other such
means);
- Will not post non-local or otherwise
irrelevant Projects or content, repeatedly post the same or similar
Projects or content, or otherwise impose an unreasonable or
disproportionately large load on our Platform;
- Will not take any action that would undermine
the Program or Platform;
- Will not attempt to gain unauthorized access
to the Platform, other user accounts, or other computer systems or
networks connected to the Platform;
- Will not use the Platform in any manner that
infringes, misappropriates or violates any third party’s rights,
including, but not limited to, transmitting any material that may
infringe, misappropriate or violate a third party’s rights of publicity,
contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that
could interfere with the rights of Dohoneydolist or the rights of other
users of the Platform;
- Have sufficient rights in and to all content
that you provide, transmit or otherwise convey to Dohoneydolist in
connection with the Program;
- Agree not to re-sell or assign your rights or
obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell,
re-sell or exploit any content on the Platform;
- Will not access the Platform for any
commercial, educational or other purposes not related to your personal
purchasing decisions, the express written consent of Dohoneydolist, which
consent may be withheld by Dohoneydolist in our discretion;
- Grant us an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, reproduce, adapt, modify and distribute the content you provide
in the Platform and to prepare derivative works of, or to incorporate such
content into other works, and to grant and to authorize sublicenses of the
foregoing; and
- Agree not to create an account or use Dohoneydolist
services if your account previously has been terminated by Dohoneydolist
or if you previously have been banned from using the services.
The content that you provide does not reflect the
views of Dohoneydolist, its officers, managers, owners, employees, agents,
designees or other users. In addition, Dohoneydolist retains the right, in its
sole discretion, to determine whether or not your use of the Program or
Platform is consistent with the terms and conditions of this Agreement. Dohoneydolist
may suspend, restrict or terminate your use of the Program and to refuse any
future use of all or portions of the Program or Platform if your use breaches
or fails to comply with any of the terms and conditions of this Agreement.
Additionally, Dohoneydolist may seek any and all other remedies available to
it, including: (a) seeking injunctive relief with any court of competent
jurisdiction to enjoin any breach or failure to comply with any of the terms
and conditions of this Agreement; and/or (b) if damages are ascertainable,
seeking damages relating to any breach or failure to comply with any of the
terms and conditions of this Agreement.
6. DOHONEYDOLIST IS NOT A SERVICE PROVIDER,
MERCHANT OF RECORD, OR GENERAL CONTRACTOR
Dohoneydolist is not the service provider, is not
in the business of providing the services or selling the goods subject of any
Lead, Project, or service contract entered into between you and the service
provider (“Service Contract”), and is not responsible in any way for the
provision of services or sale of goods offered by such service provider or
Service Contract. Dohoneydolist is not a merchant of record or general
contractor. Except as provided herein, you shall solely look to the applicable
service provider for the facilitation of services or sale of goods relating to
the Project or Service Contract. Dohoneydolist is merely operating the Program
and Platform that help connect you with the service provider interested in your
Project.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Dohoneydolist does not guarantee the accuracy,
integrity, quality or appropriateness of any content transmitted to or through
the Platform. You acknowledge that Dohoneydolist simply acts as a passive
conduit and an interactive computer service provider for the publication and
distribution of content posted by you or a service provider. You understand
that all content posted on, transmitted through, or linked through the
Platform, are the sole responsibility of the person from whom such content originated.
You understand that Dohoneydolist does not control, and is not responsible for
content available through the Platform, and that by using the Platform, you may
be exposed to content that is inaccurate, misleading, or offensive. You agree
that you must evaluate and make your own judgment, and bear all risks
associated with, the use of any content.
You further acknowledge that Dohoneydolist has no
obligation to screen, preview, monitor or approve any content published by you,
a service provider, or a third party. However, Dohoneydolist reserves the right
to review and delete any content that, in its sole judgment, violates the terms
and conditions of this Agreement. By participating in the Program and using the
Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your
risks to bear associated with the use, accuracy, usefulness, completeness or
appropriateness of any content that you submit, receive, access, transmit or
otherwise convey through the Platform. Under no circumstances will Dohoneydolist
be liable in any way for any content provided by you, a service provider, or a
third party, including without limitation, content that contains any errors,
omissions, defamatory statements, or confidential or private information or for
any loss or damage of any kind incurred as a result of the use of any content
submitted, accessed, transmitted or otherwise conveyed via the Platform. You
waive the right to bring or assert any claim against Dohoneydolist relating to
your content or the content or a service provider or other third party, and
release Dohoneydolist from any and all liability for or relating to any such
content.
8. SERVICE PROVIDERS
The applicable service provider shall be solely
responsible for the provision of services and sale of goods subject to the
Project or Service Contract and for any and all injuries, illnesses, damages,
costs, expenses, liabilities, or otherwise suffered or incurred by you in
connection with the fulfillment of or failure to perform the services of the
Project or Service Contract.
Dohoneydolist does not endorse and is not
responsible or liable for any content, data, advertising, products, goods or
services available or unavailable from, or through, any service providers. You
agree that should you use or rely on such content, data, advertisement,
products, goods or services, available or unavailable from, or through any
service Provider, Dohoneydolist is not responsible or liable, indirectly or
directly, for any damage or loss caused or alleged to be caused by or in
connection with such use or reliance. Your dealings with or participation in
promotions of any service provider, and any other terms, conditions,
representations or warranties associated with such dealings (including without
limitation any Service Contracts), are between you and such service provider
exclusively and do not involve Dohoneydolist. You should make whatever
investigation or other resources that you deem necessary or appropriate before
hiring or engaging service providers.
You agree that Dohoneydolist is not responsible for
the accessibility or unavailability of any service provider or for your
interactions and dealings with them, waive the right to bring or assert any
claim against Dohoneydolist relating to any interactions or dealings with any
service provider, and release Dohoneydolist from any and all liability for or
relating to any interactions or dealings with service providers.
Dohoneydolist may, in its sole discretion, have
criminal and/or financial background checks conducted on certain service
providers. By having such background checks conducted, DOHONEYDOLIST DOES NOT
WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT
LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY
DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).
9. DOHONEYDOLIST KEY MEMBERSHIP
- Select: Dohoneydolist may from time to time
offer consumers the opportunity to purchase certain Dohoneydolist services
at a discount provided the consumer first agrees to purchase an annual Dohoneydolist
Key Membership ("Dohoneydolist Key Membership"). Any discounts
obtained through the Dohoneydolist Key Membership cannot be combined or
used with any other discounts, coupons or offers on Book Now Services.
- BILLING AND AUTOMATIC
RENEWAL: When you first sign up and purchase Dohoneydolist Key Membership,
you will be billed immediately for your initial Dohoneydolist Key
Membership subscription period. BY ENROLLING IN DOHONEYDOLIST KEY MEMBERSHIP,
IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH DOHONEYDOLIST
KEY MEMBERSHIP, YOU AUTHORIZE DOHONEYDOLIST TO CHARGE YOU FOR YOUR INITIAL
DOHONEYDOLIST KEY MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL
MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME.
YOUR DOHONEYDOLIST KEY MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO
THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE
APPLICABLE DOHONEYDOLIST KEY MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT
METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU
NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR DOHONEYDOLIST
KEY MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR DOHONEYDOLIST KEY
MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE DOHONEYDOLIST
(WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE
THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT
METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The
cancellation and rescheduling of any Dohoneydolist Service while you are
enrolled in the Dohoneydolist Key Membership is subject to the
cancellation policy, including the payment of any cancellation fees, as
further described above.
- Declination of Payment: If
an eligible payment method Dohoneydolist has on file for you is declined
for payment, you must provide us with a new eligible payment method
promptly or your Dohoneydolist Key Membership will be canceled. If you
provide us with a new eligible payment method and are successfully
charged, your Dohoneydolist Key Membership period will be based on the
original enrollment or renewal date and not the date of the successful
charge.
- CANCELLATION OF
AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED AN DOHONEYDOLIST
KEY MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR DOHONEYDOLIST
KEY MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT DOHONEYDOLIST KEY
MEMBERSHIP RENEWAL DATE. You may cancel your Dohoneydolist Key Membership
by visiting the Dohoneydolist Contact Center at or by mailing a notice of
cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY
10159. Following cancellation of your Dohoneydolist Key Membership you
will continue to have access to your Dohoneydolist Key Membership through
the end of your current paid Dohoneydolist Key Membership period. Should
you cancel your Dohoneydolist Key Membership, Dohoneydolist reserves the
right to cancel any Dohoneydolist Service appointments scheduled outside
the current paid Dohoneydolist Key Membership period.
- LIMITATIONS ON DOHONEYDOLIST
KEY MEMBERSHIP: For non-Book Now Services, your discount is capped at $35
per service and must be requested via Dohoneydolist.
10. OTHER OFFERS AND DISCOUNTS
- Promotional
Coupon
- Promotional
coupons are only eligible for the specific services designated by Dohoneydolist.
Promotional coupons are valid for a limited time only and expires on the
date indicated when you receive the applicable promotional coupon.
Failure to use promotional coupons before such expiration date will
result in the forfeiture of the promotional coupon. Dohoneydolist
reserves the right to cancel promotional coupons at any time. No refunds
will be granted for any expired or canceled promotional coupons.
- Dohoneydolist promotional coupons have no
intrinsic value, is not redeemable for cash, has no cash value, and
serves merely as a means to recognize and provide an incentive to use Dohoneydolist.
Promotional coupons may not be purchased for cash and Dohoneydolist does
not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied
against any sales, use, gross receipts or similar transaction based taxes
that may be applicable to you, and/or fees or charges for use of any
ineligible services.
- Your Dohoneydolist account will be billed for
all fees and charges for use of any ineligible services. Each promotional
coupon can only be used once and your Dohoneydolist account will be
billed for all fees and charges for use of any eligible service in excess
of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer
of the Service Provider, displayed by, promoted by, offered by, or
obtained through, Dohoneydolist, may be used in connection with a Service
Request. Any discount, promotion, coupon or offer made by a Service
Provider in connection with a Service Request, is made solely at the
discretion of the Service Provider, and is made directly by and between
the Service Provider and you.
11. MINIMUM AGE
If you are under the age of eighteen (18), you are
prohibited from participating in the Program.
12. LIMITED LICENSE
By agreeing to this Agreement, Dohoneydolist grants
you a limited license to access, participate in and use the Program and the
Platform. You acknowledge and agree that you will not access, reproduce,
duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial,
educational (or any other non-personal) purpose any content or any portion of
Program or Platform, without the express written consent of Dohoneydolist.
13. MODIFICATION, LIMITATION, AND DISCONTINUANCE
Dohoneydolist reserves the right to, at any time
and without notice, limit access to, modify, change or discontinue the Program.
You agree that Dohoneydolist will not be liable to you or to any third party
for any such limitation, modification, change, suspension, or discontinuance of
the Program. You agree that Dohoneydolist may establish general practices,
policies and limits, which may or may not be published, concerning the use or
operation of the Program.
14. DELAYS
Dohoneydolist is not responsible for any delays,
failures or other damage resulting from delays and/or other problems inherent
in the use of the Internet and electronic communications.
15. FEEDBACK
Dohoneydolist appreciates hearing from you, as well
as our other users, and welcomes your comments regarding the Program and any
other Dohoneydolist product, program, or service. Please be advised, however,
that our policy does not permit us to accept or consider creative ideas,
suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services,
please be specific in your comments regarding our services and do not submit
creative ideas, suggestions or materials. If, despite our request, you send us
creative suggestions, ideas, drawings, concepts or other content (collectively,
the “Submissions”), such submissions will be the property of Dohoneydolist. In
addition, none of the Submissions will be subject to any obligations of
confidentiality and Dohoneydolist will not be liable for any future use or
disclosure of such Submissions.
16. COPYRIGHT MATERIALS
You acknowledge and agree that all content and
other information on the Platform, including, but not limited to, all text,
graphics, logos, icons, images, audio clips, downloads, data compilations and
software (collectively, the “Copyright Materials”) are the property of Dohoneydolist
or used with the express permission of the owner of such Copyright Materials
and are protected by all United States and international copyright laws.
17. WARRANTY DISCLAIMER
You understand and agree that the PROGRAM AND
PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT DOHONEYDOLIST
ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND
PLATFORM. DOHONEYDOLIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY
WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR
ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR DOHONEYDOLIST
COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR
PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D)
ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION
IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some
jurisdictions, disclaimers of implied warranties are not permitted. In such
jurisdictions, some of the foregoing disclaimers may not apply to you as they
relate to implied warranties.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOHONEYDOLIST
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DOHONEYDOLIST HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”),
RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY
OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some
jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT DOHONEYDOLIST IS FOUND LIABLE FOR
ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, DOHONEYDOLIST’S
LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE
SERVICE YOU RECEIVED THROUGH THE PROGRAM.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DOHONEYDOLIST
CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO DOHONEYDOLIST THROUGH
THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE
THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT
CARD PROCESSING PROCESS FOR DOHONEYDOLIST, INCLUDING, BUT NOT LIMITED TO, THE
COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE
“RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND
SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A
RESULT OF ANY BREACH OF THIS AGREEMENT BY DOHONEYDOLIST. YOU HEREBY RELEASE
EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A
RESULT OF ANY BREACH OF THIS AGREEMENT BY DOHONEYDOLIST. YOU AGREE TO INDEMNIFY
AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY
SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND
AGREE THAT DOHONEYDOLIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES
TO YOU UNDER THIS AGREEMENT.
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dohoneydolist,
its officers, managers, owners, employees, agents, designees, users,
successors, assigns, service providers and suppliers from and against all
losses, liabilities, expenses, damages, claims, demands and costs, including
reasonable attorneys’ fees and court costs due to or arising from: (a) any
violation of this Agreement by you; (b) any goods or services purchased by or
contracted by you through the Program, the Platform, or any service contract
entered into between you and a service provider; or (c) any violation of any
rights of another or harm you may have caused to another. Dohoneydolist will
have sole control of the defense of any such damage or claim.
20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
- You
understand and agree that, because damages are often difficult to
calculate, if it becomes necessary for Dohoneydolist to pursue legal
action to enforce the terms and conditions of this Agreement, you will be
liable to pay us the following amounts as liquidated damages, which you
accept as reasonable estimates of Dohoneydolist’s damages for the
specified breaches of this Agreement.
- If you post content in violation of this
Agreement, you agree to promptly pay Dohoneydolist One Thousand Dollars
($1,000) for each item of content posted in violation of this Agreement.
We may (but shall not be required to) to issue you a warning before
assessing damages.
- If you display, copy, duplicate, reproduce,
sell, re-sell or exploit for any purpose any content in violation of this
Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of
content displayed, copied, duplicated, reproduced, sold, resold or
exploited in violation of this Agreement.
- If you use computer programming routines that
are intended to aggregate records or content from the Platform or
otherwise damage, interfere with, disrupt, impair, disable or otherwise
overburden our Platform, you agree to pay One Hundred Dollars ($100) for
each review or record that is aggregated, disrupted, damaged or otherwise
affected by you.
- Except
as set forth in the foregoing subsections (1) through (3), inclusive, you
agree to pay the actual damages suffered by Dohoneydolist, including, but
not limited to attorneys’ fees and court costs, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision
of this Agreement, we reserve the right to seek the remedy of specific
performance of any term contained herein, or a preliminary or permanent
injunction against the breach of any such term or in aid of the exercise
of any power granted in this Agreement, or any combination thereof.
21. NOTICE
You agree that Dohoneydolist may communicate any
notices to you under this Agreement, through electronic mail, regular mail or
posting the notices on the Platform. All notices to Dohoneydolist will be provided
by either sending a letter, first class certified mail, to Dohoneydoliste’s
List, Inc. d/b/a Dohoneydolist, 130 East Washington, Indianapolis, Indiana
46204, Attn: Customer Care. Such notices will be deemed delivered upon the
earlier of the verification of delivery or two (2) business days after being
sent.
In accordance with the Digital Millennium Copyright
Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Dohoneydolist
will respond promptly to claims of copyright or trademark infringement that are
reported to the agent that we have designated to receive notifications of
claims infringement (its “Designated Agent”). Our Designated Agent is: Dohoneydoliste’s
List, Inc. d/b/a Dohoneydolist, 130 E. Washington St., Indianapolis, IN 46204,
Attn: Designated Agent, or email to Email: copyrightagent@dohoneydolisteslist.com.
If you are a copyright or trademark owner (or
authorized to act on behalf of the copyright or trademark owner) and believe
that your work’s copyright or trademark has been infringed, please report your
notice of infringement to us by providing our Designated Agent with a written
notification of claimed infringement that includes substantially the following:
- A
physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or
trademark claimed to have been infringed, or, if multiple copyrighted
works or trademarks at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us
to contact You, such as an address, telephone number, and, if available,
an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief
that use of the material in the manner complained of is not authorized by
the copyright or trademark owner, its agent, or the law; and
- A 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.
Dohoneydolist will investigate notices of copyright
and trademark infringement and take appropriate actions under the DMCA.
Inquiries that do not follow this procedure may not receive a response.
22. MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution
and reduce the cost of any dispute, controversy or claim, past, present,
or future, between you and Dohoneydolist, including without limitation any
dispute or claim related to or arising out of this Agreement
("Dispute"), you and Dohoneydolist may attempt to negotiate any
Dispute informally (the "Informal Negotiations") before
initiating any arbitration or court proceeding. Such Informal Negotiations
will commence upon written notice. Your address for any notices under this
Section is your physical address that you have provided to Dohoneydolist. Dohoneydolist's
address for such notices is: Dohoneydoliste’s List, Inc., d/b/a Dohoneydolist,
Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration.
If a Dispute is not resolved through Informal Negotiations, you and Dohoneydolist
agree to resolve any and all Disputes (except those Disputes expressly
excluded below) through final and binding arbitration ("Arbitration
Agreement"). This Arbitration Agreement shall be governed by the
Federal Arbitration Act and evidences a transaction involving commerce.
The arbitration will be commenced and conducted before a single arbitrator
under the Commercial Arbitration Rules (the "AAA Rules") of the
American Arbitration Association ("AAA") and, where appropriate,
the AAA's Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at the AAA
website (www.adr.org). Your arbitration fees and your share of arbitrator
compensation will be governed by the AAA Rules (and, where appropriate,
limited by the AAA Consumer Rules). If you are unable to pay such costs, Dohoneydolist
will pay all arbitration fees and expenses. Each party will pay the fees
for his/her or its own attorneys, subject to any remedies to which that
party may later be entitled under applicable law. The arbitrator will make
a decision in writing. Additionally, the arbitrator, and not any federal,
state, or local court or agency, shall have the exclusive authority to
resolve any dispute relating to the interpretation, applicability, enforceability,
or formation of this Arbitration Agreement. However, the preceding
sentence shall not apply to the "Class Action Waiver" described
in Subsection (4) below.
- Excluded
Disputes. You and Dohoneydolist agree that the following Disputes are
excluded from this Arbitration Agreement: (1) any Dispute seeking to
enforce or protect, or concerning the validity of, any of your or our
intellectual property rights; (2) individual claims in small claims court;
(3) any claim that an applicable federal statute expressly states cannot
be arbitrated; and (4) any claim for injunctive relief.
- WAIVER
OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest
extent permitted by applicable law, You and Dohoneydolist agree to bring
any Dispute in arbitration on an individual basis only, and not as a class
or collective action. There will be no right or authority for any Dispute
to be brought, heard or arbitrated as a class or collective action
("Class Action Waiver"). Regardless of anything else in this
Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer
Rules, the interpretation, applicability, enforceability or formation of
the Class Action Waiver may only be determined by a court and not an
arbitrator.
- Rules/Standards
Governing Arbitration Proceeding. A party who wishes to arbitrate a
Dispute covered by this Arbitration Agreement must initiate an arbitration
proceeding no later than the expiration of the statute of limitations that
applicable law prescribes for the claim asserted. The arbitrator shall apply
the statute of limitations that would have applied if the Dispute had been
brought in court. The arbitrator may award any remedy to which a party is
entitled under applicable law, but remedies shall be limited to those that
would be available to a party in their individual capacity, and no
remedies that otherwise would be available to an individual under
applicable law will be forfeited. The arbitrator is without authority to
apply any different substantive law. The parties have the right to conduct
adequate civil discovery and present witnesses and evidence as needed to
present their cases and defenses, and any dispute in this regard shall be
decided by the arbitrator. The location of the arbitration proceeding
shall take place in the city or county where you reside, unless each party
agrees otherwise. A court of competent jurisdiction shall have the
authority to enter judgment upon the arbitrator's decision/award.
- Severability.
You and Dohoneydolist agree that if any portion of this Section entitled
"Mutual Arbitration Agreement" is found illegal or
unenforceable, that portion will be severed, and the remainder of this
Section will be given full force and effect.
23. GOVERNING LAW
This Agreement shall be governed by and
construed in accordance with the laws of the State of Indiana, without giving
effect to any choice or conflict of law provision or rule (either of the State
of Indiana or any other jurisdiction) that would cause the application of the
laws of any jurisdiction other than the State of Indiana.
24. LIMITATIONS PERIOD
Regardless of any statute or law to the contrary,
you agree that any claim or cause of action arising out or related to your
participation in the Program or this Agreement shall be filed within one (1)
year after such claim or cause of action arose or will forever be barred.
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3,
California web users are entitled to the following specific consumer rights
notice: The Services are provided by Dohoneydoliste’s List, Inc. d/b/a Dohoneydolist,
130 E. Washington St., Indianapolis, Indiana 46204. If you have any questions,
concerns, or complaints regarding the Services, please contact Dohoneydolist,
Inc. by (i) signing into your account and visiting Member Support to chat with a specialist; or (ii) sending a
letter, first class certified mail, to Dohoneydoliste’s List, Inc. d/b/a Dohoneydolist,
130 East Washington, Indianapolis, Indiana 46204, Attn: Customer Care.
California residents may reach the Complaint
Assistance Unit of the Division of Consumer Services of the California Department
of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite
S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800)
952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
26. ASSIGNMENT
You may not assign or otherwise transfer this
Agreement or any of its rights and/or obligations relating to this Agreement
without the prior written consent of Dohoneydolist.
27. WAIVER
Neither party shall be deemed to have waived any of
its rights, powers, or remedies hereunder, except in an express writing signed
by an authorized agent or representative of the party to be charged.
28. SEVERABILITY
If a provision of this Agreement is or becomes
illegal, invalid, or unenforceable in any jurisdiction, that shall not affect:
(1) the validity or enforceability in that jurisdiction of any other provision
of this Agreement; or (2) the validity or enforceability in other jurisdictions
of that or any other provision of this Agreement.
29. ENTIRE AGREEMENT
This Agreement along with the Dohoneydolist Terms
of Use, Privacy Policy, and Membership Agreement (if applicable) entered into
by you and Dohoneydolist governs your use of the Program and Program and
constitutes the entire agreement between you and Dohoneydolist with respect to
the Program. It supersedes any prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between you and Dohoneydolist
regarding the subject matter contained in this Agreement. Additional terms and
conditions may exist between you and third parties, including but not limited
to, any service contract you enter into with a service provider. You represent
and warrant that those third-party agreements (including the any such service
contract) do not interfere with your obligations and duties to Dohoneydolist
under this Agreement.
30. BINDING EFFECT
This Agreement and the rights and obligations
created hereunder shall be binding upon and inure solely to the benefit of you
and Dohoneydolist and our respective successors and permitted assigns, and no
other person shall acquire or have any right under or by virtue of this
Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN
THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO
BE BOUND BY THIS AGREEMENT.
31. PROVISIONS REMAINING IN EFFECT
In the event this Agreement is
terminated, certain provisions of this Agreement will continue to remain in
effect, including, but not limited to, Sections 4, and Sections 16-24.