As of September 1, 2018
These Terms and Conditions of Use (the “Terms and Conditions” or “Agreement””) of DoItFor, Inc. (“DoItFor”) covers the collection, use, and disclosure of Personally Identifiable Information (as defined herein) and non-personally identifiable information that may be collected by DoItFor anytime you, a user of DoItFor’s website (“User”, “You” or “Your”) visit www.DoItFor.com (the “Website”) and/or utilize DoItFor’s services generally.
These Terms and Conditions govern Your access to and use of www.doitfor.com including any content, functionality, and services offered on or the Website, and govern the terms and conditions under which You will be able to (i) use the Website and (ii) contact Participating Designers (as defined in Section I(a) below) via the DoItFor platform.
YOU MUST AGREE TO THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE. READ THESE TERMS AND CONDITIONS CAREFULLY AS THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DOITFOR.
THE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE DOCUMENTS CAREFULLY AS THEY ARE LEGALLY BINDING AGREEMENTS.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY.
I. DoItFor’s Services and the DoItFor ID
1. What is DoItFor? DoItFor.com is an online listing platform (the “Website”) the purpose of which is to introduce individuals or businesses who use the Website (“End Users”) to the world of interior design generally; and to allow End Users who are interested in using an interior designer to identify independent, third-party individuals or businesses who (i) provide interior design related products, merchandise and/or services to the public, (ii) who may wish to provide such products, merchandise and/or services to End User(s), and (iii) who participate on DoItFor’s online listing platform (“Participating Designers”).
DoItFor does NOT provide interior-design related services. Instead, DoItFor is merely an online platform to provide the public with information regarding interior design, and to connect Participating Designers with certain End Users (“DoItFor Services”).
2. DoItFor ID. To be connected with Participating Designers through the Website, End Users are required to create a DoItFor ID. To create Your DoItFor ID, You will need to provide DoItFor with a valid email address and create a password. In addition, You may want to provide DoItFor with additional information regarding Your budget, Your stated aesthetic preferences, and Your general interior Design Needs. Based on the information provided by You to us, DoItFor will identify Participating Designers who may be interested in working with You for Your interior design project.
3. DoItFor Password. You are solely responsible for maintaining the confidentiality of Your DoItFor ID account and Your DoItFor ID password. You are responsible for any and all statements made and acts or omissions that occur through the use of Your DoItFor ID. Therefore, You must ensure that others do not gain access to Your password and Your DoItFor ID account. In addition, You agree to notify DoItFor immediately of any unauthorized access to or use of Your DoItFor ID or DoItFor ID password or any other breach of security. You agree to exit from Your account at the end of each session. You also agree to use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. In the event that DoItFor, in its sole discretion, determines that another party has gained access to Your DoItFor ID, Your DoItFor ID password, or that DoItFor determines that another has wrongfully accessed our Website using Your DoItFor ID, DoItFor reserves the right (but does not have the obligation) to issue to You a new DoItFor ID and delete Your existing DoItFor ID account.
II. YOUR ACKNOWLEDGEMENT OF LIABILITY AND ASSUMPTION OF RISK
AS A MATERIAL INDUCEMENT ON THE DOITFOR’S PART TO ALLOW YOU TO USE THIS WEBSITE AND PARTICIPATE IN OR OTHERWISE RECEIVE ANY OF THE DOITFOR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
A. YOU ARE USING THE WEBSITE AND/OR DOITFOR SERVICES AT YOUR OWN RISK.
B. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT IN ANY WAY RELY ON DOITFOR TO PERFORM ANY DUE DILIGENCE WITH RESPECT TO THE CREDITABILITY, SUITABILITY, QUALITY, ABILITY, SOLVENCY, OR QUALIFICATIONS OF ANY PARTICIPATING DESIGNER. To the extent that DoItFor makes any inquiry or otherwise acquires any information regarding the creditability, suitability, quality, ability, solvency or of any Participating Designer, You expressly acknowledge and agree that DoItFor has no affirmative obligation to share such information with You, and You hereby release DoItFor to the fullest extent permitted by law from any obligation that it may have had to share such information with You. As with the purchase of a product or service generally, You should use Your best judgment and exercise caution where appropriate in the event that You enter into a business relationship or enter into any other agreement (contractual or otherwise) with any Participating Designer. You further acknowledge and agree that DoItFor shall have no obligation to mediate or otherwise intervene any such dispute or alleged dispute between You and any Participating Designer or between You and any other third-party.
C. IN THE EVENT THAT YOU DECIDE TO ENTER INTO A BUSINESS RELATIONSHIP OR ENGAGE IN ANY TRANSACTIONS (CONTRACTUAL OR OTHERWISE) OR INTERACTIONS WITH ANY PARTICIPATING DESIGNER, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK. IN ADDITION, YOU ALSO ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:
(1) DOITFOR IS NOT (AND WILL NOT BE) A PARTY TO ANY AGREEMENT(S) ENTERED INTO BETWEEN YOU AND ANY PARTICIPATING DESIGNER;
(2) DOITFOR IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, NEGLIGENCE AND/OR WILLFUL MISCONDUCT OF ANY PARTICIPATING DESIGNER OR ANY OF PARTICIPATING DESIGNERS’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, OR SUBCONTRACTORS;
(3) DOITFOR IS NOT RESPONSIBLE FOR AND DOES NOT HAVE ANY CONTROL OVER THE PERFORMANCE OR QUALITY OF GOODS OR SERVICES THAT ARE PROVIDED TO YOU BY ANY PARTICIPATING DESIGNER (OR BY ANY THIRD PARTY); AND
(4) DOITFOR IS NOT RESPONSIBLE FOR THE NEGLECT, FAILURE OR TIMELINESS OF PARTICIPATING DESIGNER (OR OF ANY THIRD PARTY) TO MEET THEIR RESPECTIVE SCHEDULES OR ANY OTHER CONTRACTUAL OR LEGAL OBLIGATION THAT THEY MAY HAVE TO YOU (OR TO ANY OTHER PARTY).
D. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOITFOR OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, PARENTS, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR THE ACTIONS, OMISSIONS, NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ANY END USER (INCLUDING YOU) AND/OR OF ANY PARTICIPATING DESIGNER OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, PARENTS, AFFILLIATES, SUCCESSORS, ASSIGNS CONTRACTORS, OR SUBCONTRACTORS.
III. NO REPRESENTATIONS OR WARRANTIES
1. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
2. DOITFOR MAKES NO WARRANTIES THAT THE WEBSITE OR THE SERVICES MADE AVAILABLE ON THIS WEBSITE WILL BE RELIABLE, AVAILABLE, ERROR-FREE, TIMELY, SECURE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT DOITFOR’S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF DOITFOR’S WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE.
3. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE AND SERVICES OFFERED AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
4. DOITFOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE QUALIFICATIONS, QUALITY, ABILITY, INSURABILITY OR FINANCIAL SOLVENCY OF ANY PARTICIPATING DESIGNER.
5. DOITFOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ADEQUACY OR QUALITY OF ANY DESIGN SERVICES PROVIDED (OR NOT PROVIDED) BY ANY PARTICIPATING DESIGNER.
6. DOITFOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY MERCHANDISE, GOODS, MATERIALS OR OTHER SERVICES SELECTED, ORDERED OR PROVIDED BY ANY PARTICIPATING DESIGNER (OR BY ANY OTHER THIRD PARTY)(IF ANY). TO THE FULLEST EXTENT PROVIDED BY LAW, DOITFOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, WARRANTY OF TITLE, AND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. YOUR USE OF THE WEBSITE OR OF DO IT FOR SERVICES AND ANY TRANSACTION OR INTERACTION THAT YOU MAY HAVE WITH ANY PARTICIPATING DESIGNER IS AT YOUR OWN RISK.
7. DOITFOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PARTICIPATING DESIGNER, DESIGNER, VENDOR, SUPPLIER, COMPANY, ORGANIZATION, ADVERTISER OR OTHER THIRD PARTY HYPERLINKED TO THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THIS WEBSITE, OR FOR ANY OF THEIR RESPECTIVE ADVERTISED GOODS OR SERVICES.
8. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IV. LIMITATION OF DOITFOR’S LIABILITY TO YOU AND SHORTENED STATUTE OF LIMITATIONS.
1. IN NO EVENT SHALL DOITFOR OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, PARENTS, AFFILLIATES, SUCCESSORS OR ASSIGNS (EACH AN “DOITFOR PERSON”, TOGETHER “DOITFOR PERSONS”) BE LIABLE UNDER THIS AGREEMENT TO YOU OR TO ANY THIRD PARTY FOR THE ACTIONS, OMISSIONS, NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ANY END USER, PARTICIPATING DESIGNER AND/OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, PARENTS, AFFILLIATES, SUCCESSORS, ASSIGNS CONTRACTORS, OR SUBCONTRACTORS. IN ADDITION, YOU AFFIRM THAT NEITHER DOITFOR NOR ANY DOITFOR PERSON WILL BE LIABLE FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY PARTICIPATING DESIGNER’S FAILURE TO HONOR ANY WARRANTY OBLIGATIONS TO YOU OR TO ANY THIRD PARTY (IF ANY).
2.IN NO EVENT SHALL DOITFOR OR ANY DOITFOR PERSON(S) BE LIABLE UNDER THIS AGREEMENT TO YOU OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR IN CONNECTION WITH THE PROVISION OF ANY DOITFOR SERVICES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE OR UNFORESEEABLE, (B) WHETHER OR NOT DOITFOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING DOES NOT AFFECT ANY EXCLUSIONS OR LIMITATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR USE OF DOITFOR SERVICES AND/OR YOUR USE OF ANY PARTICIPATING PROVIDER’S SERVICE IS AT YOUR SOLE RISK.
4. IN NO EVENT SHALL DOITFOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS AND YOUR USE OF THE WEBSITE, YOUR USE OF DOITFOR SERVICES AND/OR YOUR USE OF ANY PARTICIPATING PROVIDER’S SERVICE EXCEED ONE HUNDRED FIFTY DOLLARS $150.00.
5. NO ACTION BY EITHER PARTY AGAINST THE OTHER ARISING OUT OF THIS AGREEMENT SHALL BE COMMENCED MORE THAN TWO (2) YEARS AFTER THE ACCRUAL OF THE CAUSE OF ACTION.
V. Your Indemnification, Defense and Hold Harmless Obligations.
1. To the fullest extent permitted by law, You agree to indemnify, defend, and hold DoItFor and each DoItFor Person (as defined in Section IV(1)) harmless from and against any and all actual or threatened claims, injuries, losses, liabilities, damages, demands, suits, costs, and expenses (including reasonable attorneys’ fees and costs) and the costs of enforcing any right to indemnification under this Agreement (each a “Claim” together, “Claims”) arising out of, relating to, or resulting from (i) Your breach of these Terms and Conditions; (ii) Your use of the Website; (iii) Your agreement(s) with any Participating Designer; and (iv) any Claim(s) for bodily injury, death of any person, or damage to real or tangible personal property caused or allegedly caused by Your actions, omissions, negligence, failures, recklessness or willful misconduct.
2. DoItFor shall give You written notice of any Claim(s) or discovery of facts on which DoItFor intends to base a request for indemnification under these Terms and Conditions (a “Claim Notice”). DoItFor’s failure to provide a Claim Notice to You, however, does not relieve You of any liability that You may have to DoItFor. Your duty to defend DoItFor applies immediately, regardless of whether DoItFor has paid any sums or incurred any detriment arising out of or relating, directly or indirectly, to any third-party Claim(s).
3. In no event shall You enter into any settlement of any Claim(s) with any third-party without DoItFor’s prior written consent.
VI. Agreement Term and Termination.
1. Term. These Terms and Conditions (as may be amended by DoItFor from time to time) shall remain in force so long as You use the Website and/or DoItFor Services.
2. Termination. You may terminate Your use of this Website and use of DoItFor Services for any reason, by giving written notice to DoItFor. In addition, DoItFor may terminate the provision of DoItFor Services to You at any time by giving written notice to You. Upon Termination, DoItFor will no longer provide DoItFor Services to You. Notwithstanding the foregoing, in the event of termination or expiration if this Agreement, all rights and obligations set forth in these Terms and Conditions which are by their nature continuing or ongoing (including, but not limited to, Your representations and warranties, DoItFor’s warranty disclaimers and limitations of liability, Your indemnification and defense obligations, Your submission to arbitration, obligations regarding links to the Website and governing law) shall survive termination or expiration of the Agreement for a period of five (5) years or until the expiration of all applicable statute of limitations periods, whichever is longer.
VII. Intellectual Property
1. All content presented to You on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of DoItFor or is used by DoItFor pursuant to an intellectual property license to use such materials. You are only permitted to use the content as expressly authorized by DoItFor or the specific content provider.
2. Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from DoItFor or the specific content provider, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
VIII. Reporting Claims of Copyright Infringement.
DoItFor takes claims of copyright infringement seriously. DoItFor will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from this Website infringe Your copyright, You may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material You believe to be infringing in a sufficiently precise manner to allow DoItFor to locate that material.
• Adequate information by which DoItFor can contact You (including Your name, postal address, telephone number, and, if available, email address).
• A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
IX. Changes to the Terms and Conditions
1. DoItFor reserves the right to discontinue or modify this Website, including any features therein, and any service or material DoItFor provides on the Website in DoItFor’s sole discretion without notice. Modifications may include, but are not limited to, changes in the pricing structure for DoItFor Services or Company Services, the addition of additional fee-based services, or other changes. Any new features that supplement or enhance the then-current services on this Website shall also be subject to these Terms and Conditions. In the event such modification or discontinuance, we will notify You in accordance with Section XI(1) of these Terms and Conditions. You may notify DoItFor in accordance with Section XI(2) of these Terms and Conditions at any time before, or within thirty (30) days after, any modification to these Terms and Conditions takes effect, to advise DoItFor that You do not accept the proposed modification. If DoItFor does not receive such a communication from You in the time prescribed, the modification will be deemed to have been accepted by You. DoItFor reserves the right to unilaterally suspend Your access privileges, suspend Your DoItFor ID and suspend DoItFor Services in the event that You decline to be bound by any proposed modifications to these Terms and Conditions.
2. It shall be Your responsibility to log on to this Website at least once every thirty (30) days to check the legal section of this Website for any changes, review any email or other electronic communications that You may receive from DoItFor and notify DoItFor promptly in the event You change email accounts or if You would prefer to receive notices from DoItFor at a different account from the one You are presently using.
X. Binding Arbitration and Waiver of a Jury Trial and Waiver of Class Action.
1. YOU AND DOITFOR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM(S). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND DOITFOR ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR DOITFOR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
3. You may elect to pursue Your claim in a small-claims court located in New York County, NY rather than arbitration if You provide DoItFor with written notice of Your intention do so within 60 days of the transaction giving rise to Your claim. The arbitration or small-claims court proceeding will be limited solely to Your individual dispute or controversy.
4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DOITFOR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DOITFOR WEBSITE USERS WHO IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
5. If any provision of this Section X is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
6. All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York.
1. Notice To You. DoItFor may provide any notice to You by: (i) sending a message to the email address that You provide to DoItFor or (ii) by posting a notice to the legal section of the Website. Notices sent by email will be effective one (1) business day after they are sent, and Notices that DoItFor provides by posting will be effective upon posting. It is Your responsibility to keep Your email address current. You agree that it is Your responsibility to check Your email on a daily basis and You agree to notify DoItFor promptly in the event that You change Your email accounts.
2. Notice To DoItFor. To give DoItFor notice under these Terms and Conditions, You must contact DoItFor as follows: (i) by personal delivery, overnight courier or registered or certified mail to DoItFor Inc PO Box 527 Smithtown NY 11787; OR (ii) by email to the following address [email protected] DoItFor may update the address for notices to DoItFor by posting a notice on the Website. Notices provided to DoItFor by personal delivery will be effective immediately. Notices provided by overnight courier or by email will be effective seven (7) business days after they are sent to DoItFor. Notices provided by registered or certified mail will be effective fifteen (15) business days after they are sent to DoItFor.
XII. WEBSITE LINKS
1. Links to DoItFor.com. DoItFor encourages and appreciates links, but asks, as a condition for obtaining a license to link Your Website to ours, that You notify DoItFor in advance in accordance with Section XI (2) so that DoItFor may ensure that all links to the Website are appropriate. DoItFor reserves the right to deny any request to link to the Website if DoItFor believes, in its sole discretion, that the link would be detrimental to the value of DoItFor’s trademarks, trade dress or goodwill, or for any other reason whatsoever.
2. DoItFor Links To Third Party Websites. The Website may contain links to other sites and resources provided by third parties. If provided, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. DoItFor has no control over the contents of third-party sites or resources, and DoItFor accepts no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
XIII. ADDITIONAL TERMS AND CONDITIONS
1. Independent Contractors. The relationship between You and the DoItFor is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between You and DoItFor, and neither You nor DoItFor shall have authority to contract for or bind the other in any manner whatsoever. In addition, the relationship between DoItFor and each of the Participating Designers is that of independent contractors. Neither Participating Designer nor DoItFor shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party, nor shall Participating Designer or DoItFor have the authority to bind the other party to any contract, agreement, or undertaking with any third party, including with You.
2. No Fiduciary Duties. Nothing in these Terms and Conditions shall be deemed or construed to create any fiduciary duties and responsibilities of DoItFor to You or to any third-party, including any Participating Designer.
3. Delay in Service. DoItFor shall not be liable or responsible to You (or to any other party), nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond DoItFor’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, war, embargo, invasion or hostilities, terrorist acts, riot, national emergency, revolution, insurrection, epidemic, or strike.
4. No Waiver. No waiver by DoItFor of any of the provisions of these Terms and Conditions is effective unless explicitly set forth in a notarized writing and signed by the President of DoItFor. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms and Conditions operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
5. Headings. The headings in these Terms and Conditions are for reference only and do not affect the interpretation of these Terms and Conditions.
6. Survival. All rights and obligations set forth in these Terms and Conditions which are by their nature continuing or ongoing (including, but not limited to, Your representations and warranties, DoItFor’s warranty disclaimers and limitations of liability, Your indemnification and defense obligations, Your submission to arbitration, obligations regarding links to the Website and governing law ) shall survive termination or expiration of the Agreement for a period of five (5) years or until the expiration of all applicable statute of limitations periods, whichever is longer. After termination or expiration, You will not be bound by any modifications to these Terms and Conditions which may take effect after the termination or expiration date.
7. Severability. These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the remainder of these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
8. Entire Agreement. These Terms and Conditions constitute the entire agreement and understanding between You and and DoItFor regarding Your use of the Website and DoItFor and DoItFor Services. Any rights not otherwise expressly granted by these Terms and Conditions are reserved by DoItFor. These Terms and Conditions may not be modified, either expressly or by implication, except as expressly set forth in Section IX of these Terms and Conditions. And, as set forth in Sections II, III, and
IV, it is not DoItFor’s intention to make any legal representations or warranties about this Website, DoItFor Services, Participating Designers and/or Design Services, either expressly or by implication.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND/OR ANY SERVICES OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DOITFOR SERVICES, CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE INDIVIDUAL CLICKING “I ACCEPT/AGREE” REPRESENTS AND WARRANTS HE OR SHE HAS READ THESE TERMS AND CONDITIONS AND THAT HE OR SHE HAS THE AUTHORITY AND THE LEGAL CAPACITY TO ENTER IN TO THESE TERMS AND CONDITIONS AND THAT HE OR SHE INTENDS TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO: (1) ALL ACKNOWLEDGEMENT OF YOUR ASSUMPTION OF RISK; (2) YOUR INDEMNIFICATION OBLIGATIONS TO DOITFOR; (3) YOUR SUBMISSION TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IN ADDITION, BY USING THIS WEBSITE, YOU ARE ACCEPTING AND ACKNOWLEDGING (A) ALL WARRANTY DISCLAIMERS IN THESE TERMS AND CONDITIONS; (B) ALL LIMITATIONS OF DOITFOR’S LIABILITY TO YOU, AND (C) THAT DOITFOR IS NOT (AND WILL NOT BE) A PARTY TO ANY CONTRACT BETWEEN YOU AND ANY PARTICIPATING DESIGNER. YOU UNDERSTAND AND AGREE THAT THESE TERMS AND CONDITIONS MAY BE AMENDED BY DOITFOR FROM TIME TO TIME, AND THAT YOU WILL BE LEGALLY BOUND BY SUCH AMENDMENTS. BY CLICKING ““I ACCEPT/AGREE” BUTTON, AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND AGREE TO RE-READ THESE TERMS AND CONDITIONS REGULARLY, INCLUDING EACH TIME YOU CONTACT ANY PARTICIPATING DESIGNER USING THIS WEBSITE.