Terms amp; Conditions
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THIS WEBSITE USE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
Data Mining Prohibited
You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from this Website, without the Company’s prior consent, which consent may be withdrawn by the Company at any time, with or without notice, in the Company’s sole discretion.
The Company name and logo, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of the Company or its affiliates and may not be used in any manner without the prior written consent of the Company or the Company affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.
Consent to Monitoring
The Company is under no obligation to monitor the information residing on or transmitted to this Website. However, anyone accessing this Website agrees that the Company may monitor the contents of this Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; and (2) operate this Website properly or to protect itself and its users. the Company reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to this Website (or the server(s) that host this Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. This Website and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. The Company asks parents or legal guardians to assist the Company by supervising the activities of children at this Website. The Company does not knowingly collect personal information from children through this Website.
Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on this Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
THE COMPANY AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER THE COMPANY NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER THE COMPANY NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Disclaimer of Endorsement / Linked Sites
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by the Company. Product and service information is the sole responsibility of each individual vendor.
You agree that you will comply with any security processes and procedures (such as passwords) specified by the Company with respect to access to or use of this Website. Further, you agree not to access or attempt to access any areas of or through this Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by the Company. You agree that you will not disrupt the functioning of this Website or otherwise act in a way that interferes with other users’ use of this Website.
Changes to This Agreement
The Company reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Use Agreement link in the footer of this Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this Website after changes are posted, you accept the changes and agree to them.
Access / Failure to Comply
The Company has the right to terminate, suspend or restrict your access to this Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access this Website.
The Company also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold the Company (and its subsidiaries, officers, directors, agents, employees service providers and third parties providing content on this Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through this Website (including, without limitation, the Company’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on this Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
Your Use of Our Services
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, this Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files. You further agree to comply with the Company’s Guidelines and Abuse Policy.
Further, the reviewer must provide permission from the Company to contact the Service Provider about his or her work request. If a dispute arises between a Member and Service Provider, the rating submitted may be held in pending status until resolution is reached.
Ratings amp; reviews are not endorsed by us. All ratings and reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent our opinions or representations. We disclaim any and all representations or warranties with regard to the ratings and reviews. We do not assume responsibility or liability for any rating or review or for any claims, damages, or losses resulting from any use of the Website or the materials contained therein.
You agree and understand that the Company may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at this Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at this Website because the Company will not undertake to retain copies of any material that the Company or others may delete from this Website.
You agree that all of the content and information posted on our Website, including but not limited to service provider profiles, screening information, and ratings and reviews (including any ratings and reviews or other content posted by you), is our sole and exclusive property, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to us for any such damages, and will indemnify us in the event of any third party claims against us based on or arising from your violation of the foregoing. We reserve the right to revoke your access to our Website and services at any time. All information about service providers is confidential and for your personal use only. If it is determined or suspected by us in our sole discretion that you are misusing or attempting to misuse or circumvent the services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, we reserve the right, in our sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO COMPANY AND ITS PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF US AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
Information and Content You Provide to Us
“User Provided Content” means information, content and other material that any user of this Website submits or otherwise provides to the Company (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of this Website submits or otherwise provides the Company with User Provided Content, such User Provided Content will be deemed to be non-confidential, and the Company assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content).
You grant the Company and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to the Company, in whole or in part, in such manner, format and media as the Company may see fit in its sole discretion and for such purposes as the Company may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to the Company in this paragraph, subject to such terms and conditions as the Company may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to the Company will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by the Company for any purpose whatever.
You represent and warrant that you have the right and authority to grant the Company the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by the Company or its sub-licensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.
Waiver of Class Action and Jury Trial and Consent to Binding Arbitration
In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement shall be referred by the aggrieved party to binding arbitration before a single independent arbitrator chosen by the parties pursuant to the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) and conducted under those Rules. Any arbitration award shall be final and binding on the parties and shall not be subject to appeal. Judgment on the award may be entered by any court having jurisdiction. As an exception to this arbitration provision, we and you retain the right to pursue in small claims court in the State of California any claim that is within such court’s jurisdiction. You must send us notice of any claim you file with the AAA or with the small claims court to D amp; S Media Group Inc, 18001 Sky Park Circle, Suite H, Irvine, CA 92614. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorney fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
You and the Company agree that the substantive laws of the state of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND THE COMPANY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN ORANGE COUNTY, CALIFORNIA, FOR ANY ARBITRATION, SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or
provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and the Company with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by the Company as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by the Company’s President. Any terms varying from this Agreement in any written, electronic or other communication from you are void.