This Terms of Use Agreement ("Terms") governs your access to, use of, and participation in the "Domu Platform" which Domu Home Services, LLC ("Domu," "we," "our," or "us") currently makes available at getdomu.com. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE DOMU PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE DOMU PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Domu Platform in any manner, and each of your heirs, assigns, and successors. If you use the Domu Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.
Domu reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Domu will notify you of changes by posting on the Domu Terms of Use website (which is currently available at getdomu.com/terms-of-use) and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Your continued use of the Domu Platform thereafter will constitute your consent to such changes. If you do not agree to be bound by the changes, you may not access or use the Domu Platform.
Your use of the Domu Platform is also governed by Domu's Privacy Policy, which is currently available at getdomu.com/privacy-policy and incorporated herein by reference. Domu's Privacy Policy provides information and notices concerning Domu's collection and use of your information.
The Domu Platform is software as a service that enables service professionals in the home improvement and maintenance industry ("Service Professionals") to more easily and effectively provide their services "Professional Services") to homeowners or similar individuals or entities ("Customers"). The Domu Platform provides a web-based directory where Service Professionals may advertise their Professional Services and through which Customers may locate and subscribe to such Professional Services. The Domu Platform also provides secure payment processing and scheduling functionality which Service Professionals may use to manage Customers who have subscribed to their Professional Services.
To use the Domu Platform as a Service Professional, you must be at least 18 years old and capable of forming legally binding contracts under applicable law. By accessing or using the Domu Platform, you represent and warrant that you meet these requirements.
By registering or using the Domu Platform as a Service Professional, you represent and warrant that you (and, as applicable, any employees, agents, suppliers contractors, and subcontractors who may perform work for you) are fully qualified and experienced and are currently licensed, certified, bonded, and insured as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer your Professional Services.
Domu does not sell or otherwise provide Professional Services and does not endorse you or any Service Professional. Domu shall not have any responsibility or liability for or relating to your provision of your Professional Services other than as expressly provided for herein.
Domu's role relative to you as a Service Professional is limited to the operation of the Domu Platform which includes: (1) allowing you to advertise your Professional Services; (2) allowing Consumers to subscribe to (or otherwise request) your Professional Services; (3) allowing you to communicate with Consumers including to schedule your Professional Services; and (4) processing the Consumers' payments for your Professional Services. You understand and agree that using the Domu Platform does not guarantee that any Consumer will subscribe to your Professional Services. You also understand and agree that Consumers who solicit and/or pay for your Professional Services through the Domu Platform are engaging directly with you with the Domu Platform functioning only as a tool to facilitate this direct engagement.
You understand and agree that you are only a customer of Domu. You are not a Domu employee, contractor, consultant, joint venturer, partner, or agent. You acknowledge that you provide your own equipment, select your own jobs, develop your own expertise, are free to offer your Professional services through other means, and determine your own work schedule. Domu does not control, and has no right to control, you or your Professional Services, except as specifically noted herein or on the Domu Platform.
Domu, as permitted by applicable laws, may obtain reports about you and/or your Professional Services such as a history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel your account based on the results of such a report, without or without notice. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Domu's vendors. You further agree to immediately inform Domu of any material criminal convictions that may occur after Domu obtains such reports.
To use the Domu Platform as a Consumer, you must be capable of forming legally binding contracts under applicable law. By accessing or using the Domu Platform, you represent and warrant that you meet these requirements.
By registering or using the Domu Platform as a Consumer, you represent and warrant that you will only request Professional Services for a home, residence or other location ("Service Location") for which you have an ownership interest or other appropriate authorization. If you request that Professional Services be performed at a Service Location without the right to authorize such Professional Services, you acknowledge and agree that you, and not Domu, shall be responsible for the unauthorized provision of the Professional Services at that Service Location.
Domu does not sell or otherwise provide Professional Services and does not endorse any Service Professional. Domu shall not have any responsibility or liability for or relating to any Professional Services you may request through the Domu Platform other than as expressly provided for herein.
Both Service Professionals and Consumers ("Users") may access some features of the Domu Platform without registering for an account. However, to provide and/or request Professional Services, you must create a user account ("User Account"). You agree to provide accurate and complete information when requesting creation of a User Account and to update your information as appropriate after your User Account is created. You are solely responsible for safeguarding your User Account including any password you may choose to use. You are solely responsible for all activity that occurs on your User Account, and you will notify Domu immediately of any unauthorized use. Domu is not liable for any losses by any party caused by an unauthorized use of your User Account. You are liable for the losses of Domu or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with Domu's written permission and in accordance with Domu policies and procedures.
Subject to your compliance with these Terms, Domu grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use the Domu Platform. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Domu Platform (including any content included or accessible therein), except as expressly permitted in these Terms. The Domu Platform is provided to you as is. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Domu or our licensors, except for the licenses and rights expressly granted in these Terms.
You may provide content ("User Content") to the Domu Platform, whether as a Service Professional or Consumer ("User Content") that will be accessible to other Users. Examples of User Content include, but are not limited to, a Service Professional's business name or other trademark(s), videos, pictures, communications, descriptions, reviews or other copyrightable works, and information regarding your identity or that may otherwise be protectable as moral rights. By making available any User Content on or through the Domu Platform, you hereby grant to Domu a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content as part of providing the Domu Platform. Domu does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Domu Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Domu Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Domu Platform or you have all rights, licenses, consents and releases that are necessary to grant to Domu the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmission of the User Content or Domu's use of your User Content (or any portion thereof) on, through or by means of the Domu Platform will infringe, misappropriate or violate a third- party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Domu has no obligation to do so, you agree that Domu may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Domu reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Domu Platform or Users, or for any other reason.
As a User of the Domu Platform, you may not:
Domu charges "Fees&quout; for the use of the Domu Platform as follows:
As a Service Professional, you will be charged a "Yearly Fee&quout; based on an "Service Provider Subscription Tier&quout; you select for your User Account. You will also be charged a "Transaction Fee&quout; for each "Transaction&quout; the Domu Platform handles on your behalf. The amount of the Transaction Fee is also based on your Service Provider Subscription Tier. The Domu Platform handles a Transaction on your behalf whenever it processes a Consumer's payment for your Professional Services. Accordingly, as a Service Provider your will be responsible for Fees consisting of the Yearly Fee and each Transaction Fee.
As a Consumer, you will be charged a "Service Fee&quout; for any Professional Service you have subscribed to via the Domu Platform. Domu will charge you for such Service Fees in conjunction with the Service Professional's performance of the respective Professional Services. Domu may charge you a Service Fee in accordance with a schedule that you have agreed to for receiving Professional Services, and you may be responsible for requesting a refund if the Service Professional fails to provide the Professional Services. Other than to refund the Service Fee, Domu shall have no liability for charging you a Service Fee for scheduled Professional Services that you do not receive.
Whether as a Service Professional or a Consumer, you agree to pay all applicable Fees when they become due. Domu will charge all Fees to the payment method you have specified for your User Account. You therefore agree to maintain a valid payment method in your User Account. If Domu cannot charge your Fees to your payment method, Domu reserves all rights permissible under law to recover all costs and expenses it may incur, including reasonable attorneys' fees, as part of any legal proceeding or other action it may pursue to collect the Fees. If you fail to pay a Fee within 30 days of when you are charged, you agree to pay Domu interest at a rate of 10%. Domu reserves the right to terminate or suspend your User Account if you do not maintain a valid payment method.
You explicitly agree that all communication in relation to unpaid Fees will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Domu or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your User Account at any time, you will not receive any refund. If you have unpaid Fees when you cancel your User Account, you agree that Domu may charge such Fees to any payment method or otherwise bill you for such unpaid Fees.
Taxes. The Fees or other payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, "Taxes&quout;). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Professional Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Professional Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Domu can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Domu when Domu includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Professionals or Consumers.
In order to ensure appropriate charging of Fees and compliance with these Terms, Domu may track the occurrence of communications between Consumers and Service Professionals that occur off of the Domu Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Professional. In order to track the occurrence of such communications, Domu may obscure Service Professional contact information in a Service Professional profile, replace Service Professional contact information in a Service Professional profile with a different piece of contact information that will forward to the Service Professional, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Domu Platform unless we first obtain your permission.
If you send text messages with a Consumer or Service Professional using the telephone number for that User available on the Domu Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Domu and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.
Domu values our Service Professionals and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Domu Platform cannot be resolved independently, you agree, at Domu's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Domu or a neutral third-party mediator or arbitrator selected by Domu. Notwithstanding the foregoing, you acknowledge and agree that Domu is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.
The Domu Platform is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Domu and our licensors exclusively own all right, title, and interest in and to the Domu Platform, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Domu used herein are trademarks or registered trademarks of Domu. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
By sending us any feedback, comments, questions, or suggestions concerning Domu or our services, including the Domu Platform (collectively, "Feedback") you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Domu and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your User Account or the Domu Platform.
We expect Users to respect copyright law. In appropriate circumstances, we will terminate the User Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.
To submit DMCA complaints or to report a User's unauthorized use of your intellectual property, please contact us at hello@getdomu.com
Domu does not endorse, warrant or make any representation (except those expressly and unambiguously made by Domu directly on the Domu Platform) concerning any User, or any Professional Services, and Domu is not a party to any agreements between or among Users or third-parties.Domu does not perform Professional Services and disclaims all liability with respect thereto except to the extent expressly set forth herein. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User's use of any part of the Domu Platform, including but not limited to any scheduling or other services. Neither Domu nor any Users may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Domu may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Domu services they are using or any involvement by Domu personnel in providing or scheduling those services.
By using the Domu Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or third-parties will be limited to a claim against those particular Users or third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Domu with respect to such actions or omissions.
Without limiting any other rights, Domu may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Domu, including but not limited to removing User Content you posted, limiting your access to your User Account, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Domu in connection with your use of the Domu Platform), assessing monetary penalties or costs, terminating your User Account, notifying other Users of the termination of your User Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your User Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your User Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Domu Platform or your User Content, or receive assistance from Domu support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your User Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Domu Platform services or Professional Services canceled or delayed as a result of the termination of your User Account. You may cancel your use of the Domu Platform and/or terminate your User Account at any time. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any User Content you have posted to the Domu Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following User Account termination.
You and Domu agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between you and Domu, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Domu, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Domu as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Domu's support department at hello@getdomu.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Domu support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Domu Platform will be finally settled by binding arbitration.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration will be initiated in the state of Utah, United States. You and Domu further agree to submit to the personal jurisdiction of any federal or state court in Salt Lake County, Utah in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DOMU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Domu) written notice of your decision. The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Domu Platform; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Domu also will not be bound by them.
Changes to This Section: Domu will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Domu Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Domu Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection will be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Domu Platform.
Survival: This Arbitration and Class Action Waiver section will survive any termination of your User Account or the Domu Platform.
Third-Party Beneficiary: You and Domu acknowledge that any third-party consumer reporting agency that Domu uses to perform background checks on Service Professionals is an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Domu will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection will be severed from the section entitled "Arbitration and Class Action Waiver," and the remainder of the section will remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Domu through binding arbitration remains enforceable.
The Terms and the relationship between you and Domu will be governed in all respects by the laws of the state of Utah, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Domu that is not subject to arbitration must be resolved by a court located in Salt Lake County, Utah, or a United States District Court located in Salt Lake City, Utah, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah or the United States District Court located in Salt Lake City, Utah, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE DOMU PLATFORM OR PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT DOMU DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO SERVICE PROFESSIONALS AND CONSUMERS. THE DOMU PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOMU AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS DOMU PLATFORM OR THE PROFESSIONAL SERVICES OFFERED ON OR THROUGH THIS DOMU PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE DOMU PLATFORM, INCLUDING WITHOUT LIMITATION ALL USER CONTENT. DOMU MAKES NO WARRANTY THAT THE DOMU PLATFORM OR PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DOMU ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE DOMU PLATFORM. DOMU WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR USER CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE DOMU PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOMU OR THROUGH THE DOMU PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DOMU PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DOMU PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS OR SERVICE PROFESSIONALS. YOU UNDERSTAND THAT DOMU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE DOMU PLATFORM OR TO REVIEW OR VET ANY PROFESSIONAL SERVICES. DOMU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE DOMU PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE DOMU PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DOMU PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DOMU PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PROFESSIONAL SERVICES. DOMU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.
DOMU MAY PROVIDE TO SERVICE PROFESSIONALS PHONE NUMBERS THAT CONSUMERS PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND DOMU MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE DOMU PLATFORM AND USER CONTENT, YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE DOMU PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE DOMU PLATFORM OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER DOMU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DOMU PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOMU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE DOMU PLATFORM, PROFESSIONAL SERVICES OR USER CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE DOMU PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DOMU PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE DOMU PLATFORM.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF DOMU AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, DOMU PLATFORM, PROFESSIONAL SERVICES, AND/OR USER CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE DOMU PLATFORM OR USER CONTENT OR IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO DOMU BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.
You agree to release, defend, indemnify, and hold Domu and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of Professional Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Professional Services.
Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Domu and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Force Majeure: Other than payment obligations, neither Domu nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
Force Majeure: Other than payment obligations, neither Domu nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Domu may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Domu Platform. With your consent, Domu, Consumers, Service Professionals, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Domu, Consumers, Service Professionals, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to hello@getdomu.com. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Domu on the Domu Platform, will constitute the entire agreement between you and Domu concerning the Domu Platform or Professional Services obtained through the Domu Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.
Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and Domu's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Statute of Limitations: In jurisdictions where allowed, you agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Domu Platform or the Professional Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Domu Platform, please contact us by sending an email to hello@getdomu.com.