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TERMS OF SERVICE
These Terms of Service include a number of important provisions that affect your rights and responsibilities. These include the binding arbitration provision in section 12, limits on our liability to you in section 8, and your agreement to pay for damages caused by your misuse of our Services as set forth in section 9. Section 7 of these Terms of Service also sets forth important restrictions on how you can use our app, website, and other “Services,” as defined below.
These Terms of Service apply to the use of the information services (“Services”) of DitchIt, LLC (“Company”). These services include our websites as well as any other information service that links to these Terms of Service. The terms “we,” “us,” and “our” refer to the Company. Please read these Terms of Service carefully before accessing or using our Services.
By using the Services, you warrant and represent that you have the capacity to form a binding contract with us because (1) you are at least the age of majority in the legal jurisdiction in which you reside or (2) you have been granted such capacity by court order, operation of law, or other legal act. By visiting and using our Services, you also warrant and represent that you meet all of the foregoing eligibility requirements and agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. These Terms of Service are an offer, and acceptance is expressly limited to these Terms of Service.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all use of the Services thereafter. It is your responsibility to check this page periodically for changes and you agree that your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
In our exclusive discretion, a breach or violation of any of these Terms of Service may result in an immediate termination or suspension of your access to any or all of the Services. Additionally, we reserve the right to refuse access to the Services to anyone for any lawful reason at any time.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof). You agree that we shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. You also agree to cease using our Services, or any portion thereof, upon our request.
You understand and agree that your communications with the Services may involve unencrypted transmissions over public networks.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness, usefulness, or suitability for any purpose. 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 to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users. Such content and materials are solely the opinions and the responsibility of the person or entity providing them. These materials do not necessarily reflect our opinions. We are not responsible or liable to you, or any third party, for the content or accuracy of any such content and materials. In particular, the descriptions of items available through our Services are provided by users of our Services. We make no representations with regard to the accuracy, completeness, usefulness, or suitability of those descriptions for any purpose. If you have questions or concerns about items that you are considering or have obtained from another user, you must direct those to that user.
With regard to the information within the Services that we create or maintain, such information may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, or availability. You agree that we may correct any errors, inaccuracies, or omissions, and change or update information, or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
By using our Services, you do not acquire any ownership interest in the Services or their content. All content, including any trademarks, included in the Services, is and shall continue to be the property of the Company or its licensors, and shall remain protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Services is prohibited, except as expressly permitted in this Agreement. The Company grants you a limited, revocable, non-exclusive license to use the Services and the content therein. However, this license may not be used for republication, distribution, assignment, sublicense, sale, or preparation of derivative works.
If you believe that any of the materials within the Services infringe your copyright, please provide us with written notice including the following information:
1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on the Services can be reached by email at: info@ditchit.com
We may provide you with access to third-party tools and materials that we do not monitor or control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. You agree that your use of optional tools in the Services is entirely at your own risk. We recommend that you familiarize yourself with and approve of the terms on which tools are provided by the relevant third-party providers.
Moreover, links in the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for their content or accuracy. By using such third-party websites, you agree that we will not be liable for any consequences of such use. Please carefully review third parties’ policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, transferrable, and fully sub-licensable license to such Comments. You also agree that we may, at any time, use Comments in any medium. You agree that we shall have no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You warrant and represent that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could, in any way, affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You also agree that we may remove your Comments from our Services for any reason or for no reason.
We respect your privacy and are committed to giving you the information you need to understand how to protect it. Our Privacy Policy describes our processing of personal information in connection with the Services, the rights you may have with regard to your personal information, and how to exercise those rights. We update the Privacy Policy from time to time as our personal information processing practices and applicable laws change. We encourage you to review it regularly. Please note that our Services incorporate third-party technologies to facilitate website analytics. The personal information we collect as you use our Services may be shared with the providers of these technologies. These technologies involve the recording of conversations and other interactions you have with our Services. The data we share with these providers may include these recordings. By using our Services, you consent to this data sharing.
You agree you will not use our Services for any illegal or unauthorized purpose, nor may you violate any applicable laws, particularly including intellectual property laws, in your use of the Services. You also agree not to transmit any malicious or destructive code, such as worms or viruses.
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Services or their content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts or conduct prohibited herein; (3) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (4) to infringe or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected status or characteristic; (6) to submit false or misleading information, misrepresent your identity or organizational affiliation, or imply that we have approved or endorsed you or any content you post to the services; (7) to collect the personal information of others or to send advertisements, bulk messages, or solicitations to other users of the Services; (8) to spam, phish, pharm, pretext, spider, crawl, or scrape; (9) for any obscene or immoral purpose; (10) in any manner intended to interfere with or circumvent the security features of the Services, other websites, or other services or devices on the Internet; (11) to disseminate or transmit unsolicited messages; (12) to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques, or algorithms used by or within the Services; (13) to create a false identity or otherwise attempt to mislead the Company or any person as to the identity or origin of any communication; (14) using another person’s username or password; (15) to buy, sell, or trade in usernames or other unique identifiers for use of the Services; (16) to incorporate the Services or their content into other websites or applications using frames or comparable techniques, (17) to remove any marks showing proprietary ownership from content you download from the Services; or (18) to use the Services in such a way that is intended or likely to strain the information services that deliver the Services.
We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. You agree that we may interrupt the Services or cancel the Services at any time, without notice to you. You agree that your use of, or inability to use, the Services is at your sole risk. The Services are (unless otherwise expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we (including our directors, officers, employees, members, affiliates, agents, contractors, interns, suppliers, service providers, and licensors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services. This limit shall apply even if we have been advised of the possibility of such injuries, losses, or claims. We shall have no liability for (1) any injury, loss, or claim for any interruption, suspension, or disruption of the Services; (2) any errors or inaccuracies in the content available from the Services; (3) personal injury or property damages resulting from your use of the Services or the data contained therein; or (4) malware which may be transmitted using the Services by a third party. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
We shall not be liable for failure to perform occasioned by an event outside of our reasonable control (a “Force Majeure” event). These events include: strikes, lockouts, labor difficulties, riots, inability or difficulty in obtaining or procuring supplies, labor, or transportation, fires, storms, floods, earthquakes, explosions, pandemics, accidents, acts of God, interference by civil or military authorities, whether legal or de facto, acts of the public enemy, war, rebellion, insurrection, sabotage, embargoes, trade wars, or orders given by public authority.
You agree to indemnify, defend, and hold us harmless, along with our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service (including the documents they incorporate by reference), or your violation of any law or the rights of any third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed to be severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.
These Terms of Service, including any materials incorporated by reference, constitute the entire agreement between us. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any dispute between us, except to the extent such dispute is governed under another agreement between you and us, shall be governed by and construed in accordance with the laws of the State of Arizona without applying Arizona’s choice-of-law rules.
You agree that any claim against us or dispute with us shall be resolved in binding arbitration conducted before a single arbitrator under the American Arbitration Association’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Such arbitration shall be conducted in Arizona. You agree that the arbitrator’s award may be entered in any court of competent jurisdiction. You understand that this provision means that you will not be entitled to a jury trial in any dispute with us.
You also agree (1) that any dispute between us shall be resolved only on an individual basis and that you (and we) waive any right to bring a claim on a class-action or representative basis, or to have a claim brought in such a way by any other person or party and (2) that any dispute between us must be filed for arbitration consistent with the requirements of this section within one year of accrual or be permanently barred. You and we also agree that, to the maximum extent permitted by law, neither you nor we shall be entitled to recover any punitive or exemplary damages, regardless of the nature of the dispute between us.
Questions about the Terms of Service may be sent to us at info@ditchit.com.
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