Terms of Service
These Terms of Service (this “Agreement”) contain the terms and conditions that apply to your use of https://app.dagizmo.com as well as your use of all communication, voting and other applications and services made available through such website (collectively, the “Dagizmo Services”). This Agreement is made by and between Dagizmo Inc. (“Dagizmo”, “we”, “us”, “our” and the like) and the individual accepting this Agreement or the entity which such individual represents, as applicable (“you”, “your” and the like).
BEFORE USING THE DAGIZMO SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON “ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTION 15 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTION CLAIMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SERVICE.
NOTE TO USERS UNDER 18 YEARS OF AGE: THE DAGIZMO SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 18. By using the Dagizmo Services, you represent and warrant that you are at least 18 years of age.
2. Generally Applicable Rights and Obligations. The terms and conditions of this Section 2 apply to all Dagizmo Services.
2.1 General. During the term of this Agreement and subject to all terms and conditions hereof, you may access and use the Dagizmo Services. You agree to comply with all applicable laws, rules and regulations with respect to your use of the Dagizmo Services, including without limitation laws, rules and regulations about intellectual property rights, the Internet, technology, data, email, or privacy.
2.2 Prohibited Uses. You may not use the Dagizmo Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Dagizmo Services, including by uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Dagizmo Services, features that prevent or restrict the use or copying of any content accessible through the Dagizmo Services, or features that enforce limitations on the use of the Dagizmo Services. You may not attempt to gain unauthorized access to the Dagizmo Services, or any part of them, other accounts, computer systems or networks connected to the Dagizmo Services, or any part of them, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Dagizmo Services or any activities conducted on the Dagizmo Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Dagizmo Services. You agree neither to modify the Dagizmo Services in any manner or form, nor to use modified versions of the Dagizmo Services, including (without limitation) for the purpose of obtaining unauthorized access to the Dagizmo Services. Access to or use of the Dagizmo Services from territories where such access or use is illegal is strictly prohibited.
2.3 Changes to Services. Dagizmo reserves the right to modify or discontinue any aspect of the Dagizmo Services at any time, with or without notice.
2.4 Automated Access. The Dagizmo Services may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Dagizmo Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Dagizmo Services.
2.5 Password. When you register you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Dagizmo. You may be liable for the losses incurred by Dagizmo or others due to any unauthorized use of your account.
2.6 Account Information. Although each household may have only one account and cast only one vote, multiple users may be registered under one account to ensure that you do not miss important notifications. You must use your real name and your real address when registering as a user. You agree that the information you provide to Dagizmo upon user registration and at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
2.7 Your Content.
(a) The Dagizmo Services allow for you to create, generate, modify, submit, upload, store and transmit a variety of digital content and materials, which may include text or images, (all such content and materials, “Your Content”). You shall be solely responsible for Your Content and the consequences of creating, generating, submitting, uploading, storing or transmitting Your Content. In connection with Your Content, you affirm, represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Dagizmo to use, all patent, trademark, copyright, or other proprietary rights in and to any and all of Your Content to enable use of Your Content in the manner contemplated by this Agreement, and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion thereof in Your Content and the use of Your Content in the manner contemplated by this Agreement.
(b) As between you and Dagizmo, you are the owner of Your Content. You hereby grant Dagizmo a worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit Your Content in connection with the provision, operation and support of the Dagizmo Services, including without limitation for redistributing part or all of the Dagizmo Services (and derivative works thereof) in any media formats and through any media channels. The foregoing license shall terminate with respect to any item of Your Content that you permanently delete on the Dagizmo Services, other than to the extent the Dagizmo Services would retain archival or backup copies in the ordinary course of Dagizmo’s business or to the extent another user of the Dagizmo Services to whom you have transmitted such item of Your Content retains copies.
(c) You are solely responsible for maintaining backups of Your Content. You agree that Dagizmo shall have no liability for any loss of Your Content in connection with the Dagizmo Services.
(d) In connection with Your Content and any other transmission of messages or material facilitated by the Dagizmo Services, you further agree that you will not: (i) submit or transmit material in connection with any fraudulent or other unlawful purpose; (ii) submit or transmit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Dagizmo all of the license rights granted herein; (iii) publish or transmit falsehoods or misrepresentations that could damage Dagizmo or any third party; (iv) submit or transmit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (v) transmit unsolicited mass distributions of messages or files; (vi) transmit unsolicited advertising, except as otherwise authorized by Dagizmo; (vii) unlawfully promote products or services; (viii) offer or sell securities; (ix) impersonate another person or entity; (x) promote, solicit, or participate in any multi-level marketing or pyramid schemes; (xi) invade the privacy of any person, including but not limited to posting or transmitting personally identifying or otherwise private information about a person without such person’s consent (or such person’s parent’s consent in the case of a child under 13 years of age); (xii) solicit personal information from children under 13 years of age; or (xiii) exploit children under 18 years of age. If notified by a third party of Your Content that allegedly does not conform to this Agreement, Dagizmo may investigate the allegation and determine in good faith and in its sole discretion whether to remove Your Content, which it reserves the right to do at any time. Additionally, Dagizmo may, at any time, remove any of Your Content that in the sole judgment of Dagizmo violates this Agreement.
(e) Dagizmo reserves the right to report any of Your Content that it believes may be unlawful to appropriate authorities, including without limitation the National Center for Missing and Exploited Children. You agree that Dagizmo shall have no liability of any kind to you with respect to any such reporting that Dagizmo undertakes in good faith.
(f) The Dagizmo Services may be configured to allow other users of the Dagizmo Services, including without limitation a member of the board of directors or other governing body of a homeowner association, or the representative of a management company, to remove Your Content or block you from submitting or transmitting content under certain circumstances, including without limitation for violation of homeowner association policies, or for submitting or transmitting offensive, indecent, or objectionable content. You agree that Dagizmo shall have no liability for another user’s removal of any of Your Content or for blocking you from submitting or transmitting content.
3. Communication Tools. The terms and conditions of this Section 3 apply to your access to and use of features of the Dagizmo Services that enable communication with other users, including without limitation, applications for submitting resident requests, reporting violations, casting votes, posting announcements, sending communications related to any action item or work order, and messaging other users (the “Communication Tools”).
3.1 Responsibility for Content. Dagizmo does not control the content transmitted by other users of the Communication Tools and does not have any obligation to monitor such content for any purpose. Without limitation of any other provision of this Agreement, you acknowledge that you are solely responsible for all of Your Content that you transmit through the Communication Tools. If at any time, Dagizmo chooses, in its sole discretion, to monitor Your Content or the content of any other users transmitted in connection with the Communication Tools, Dagizmo nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of you or another user transmitting any such content. The content of communications transmitted through the Communication Tools may be protected by intellectual property rights owned by third parties.
3.2 Offensive Content. In the course of using the Communication Tools, you may encounter content that you may find to be offensive, indecent, or objectionable. You agree that you use the Communication Tools at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
3.3 Delivery of Your Content. While we make efforts to deliver Your Content that you transmit to other users of the Dagizmo Services through the Communication Tools, you agree that you shall remain solely responsible for verifying that Your Content is in fact delivered to such other users and that Your Content sent through the Communication Tools satisfy the notice requirements of any applicable law, regulation, or agreement to which you are a party.
4. Additional User Types. The terms and conditions of this Section 4 apply to your access to and use of the software applications made available as part of the Dagizmo Services for users in certain specific capacities set forth below.
4.1 Users Representing Organizations. If you are using any part of the Dagizmo Services on behalf of an organization or entity, including a service provider or management company, you affirm that you have the right to act on behalf of such organization or entity, and that this Agreement applies to such organization or entity (and all references to “you” and similar terms refer to such organization or entity). Furthermore, you acknowledge and agree that your use of the Dagizmo Services shall not result in the violation of the rights of, or the breach of any of your agreements with, any third party with whom you may interact in connection with the Dagizmo Services. You acknowledge and agree that any breach of this Section 4.1 shall be grounds for terminating your use of the Dagizmo Services.
4.2 Users In Their Capacities as Board Members. If you are using any part of the Dagizmo Services as a member of the board of directors, committee of board of directors or similar governing bodies of a homeowner association, you represent and warrant that you are a member of such board or other governing body and that you have the right to act in such capacity. If you are using any part of the Dagizmo Services on behalf of the board of directors, committee of board of directors or similar governing bodies of a homeowner association, you affirm that you have the right to act on behalf of such body, and that this Agreement applies to such body (and all references to “you” and similar terms refer to such body). You acknowledge and agree that at least two other users must verify your position as a member of a board of directors, committee of board of directors or similar governing body of a homeowner association, before you may access portions of the Dagizmo Services made available to only such members. Furthermore, you acknowledge and agree that your use of the Dagizmo Services shall not result in any (a) violation or conflict with the charter, bylaws, or similar governing documents of the applicable homeowner association, on behalf of which you act or for which you serve as a member of the board or other governing body, or (b) violation of the rights of, or the breach of any of your agreements with, any third party with whom you may interact in connection with the Dagizmo Services. You acknowledge and agree that any breach of this Section 4.2 shall be grounds for terminating your use of the Dagizmo Services.
5.1 Payments. You agree to timely pay all fees applicable to your use of the Dagizmo Services, as displayed to you within the Dagizmo Services user interface, through one of the payment instruments we support. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Fees for any new Dagizmo Service or new feature of an existing Dagizmo Service will be effective when posted on the user interface of the Dagizmo Services unless we expressly state otherwise in a notice. Dagizmo may modify fees for any existing Dagizmo Services on 30 days’ advance notice. Dagizmo reserves the right to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments hereunder. Without limiting any other provision of this Agreement, Dagizmo may suspend provision of any or all of the Dagizmo Services in the event of any failure to timely make any payment due hereunder.
5.2 Taxes. All fees payable by you are exclusive of applicable taxes and duties, including applicable sales tax (if any). If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
6. Modification. Dagizmo may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Dagizmo provides notice of the Changes, whether such notice is provided through the Dagizmo Services user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
7. Proprietary Rights.
7.1 Ownership. As between the parties, the Dagizmo Services and all related intellectual property rights are owned by Dagizmo. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Dagizmo Services that are provided by Dagizmo (“Dagizmo Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly authorized by Dagizmo, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Dagizmo Materials.
7.2 Patent Claims. You may not use the Dagizmo Services for purposes of bringing a patent infringement claim against Dagizmo or for the purpose of creating a product or service competitive with any aspect of the Dagizmo Services.
7.3 Feedback. You are not required to provide any feedback, ideas or suggestions to Dagizmo regarding the Dagizmo Services or any other products, services or technology of Dagizmo (collectively, “Feedback”). To the extent you do provide any Feedback to Dagizmo, you agree that Dagizmo shall have and hereby grant to Dagizmo the right and license to use, reproduce, modify, distribute, make, sell and otherwise exploit in any way, shape or form such Feedback on a perpetual, irrevocable and worldwide basis without payment or attribution of any kind to you.
8. Communications from Dagizmo. Under this Agreement, you consent to receive communications from Dagizmo electronically. We will communicate with you by email or by posting notices on the Dagizmo Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9.1 We may provide any notice to you under this Agreement by sending a message to the email address then associated with your account. Notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. We may also give you legal notice by mail to the mailing address we have on file for you, if any. In such case, notice shall be deemed given five days after the date of mailing or (if mail is sent by overnight, express mail) the first business day after the date of mailing.
9.2 To give us notice under this Agreement, you must provide such notice by personal delivery, overnight courier or registered or certified mail to 626 Jefferson Ave Suite 5, Redwood City, CA 94063. We may update the address for notices to us by listing a new address for our company headquarters on the Dagizmo website at http://dagizmo.com. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective five business days after they are sent.
10. Disagreements. You alone are responsible for your involvement with any third parties with whom you may interact in connection with the Dagizmo Services. Dagizmo reserves the right, but has no obligation, to monitor disagreements between you and such parties. If you have a dispute with any such third party, to the maximum extent permitted by applicable law, you release us, our affiliated companies, and our and their suppliers, service providers, licensors and partners from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. Violations; Termination. You agree that Dagizmo, in its sole discretion and for any or no reason, may terminate any user account (or any part thereof) you may have at the Dagizmo Services or your use of the Dagizmo Services, and remove and discard all or any part of your account or any of Your Content, at any time. Dagizmo may also in its sole discretion and at any time discontinue providing access to the Dagizmo Services, or any part thereof, with or without notice. You agree that any termination of your access to the Dagizmo Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Dagizmo shall not be liable to you or any third-party for any such termination. Dagizmo does not permit copyright infringing activities on the Dagizmo Services, and reserves the right to terminate access to the Dagizmo Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Dagizmo Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Dagizmo may have at law or in equity.
12. Disclaimers; No Warranties. THE DAGIZMO SERVICES AND ANY MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DAGIZMO SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAGIZMO AND ITS AFFILIATED COMPANIES, AND ITS AND THEIR SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
DAGIZMO AND ITS AFFILIATED COMPANIES, AND ITS AND THEIR SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE DAGIZMO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DAGIZMO SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DAGIZMO AND ITS AFFILIATED COMPANIES, AND ITS AND THEIR SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DAGIZMO SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DAGIZMO OR ITS AFFILIATED COMPANIES NOR ITS OR THEIR SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE DAGIZMO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Indemnification; Hold Harmless. You agree to indemnify and hold Dagizmo and its affiliated companies, and its and their suppliers, service providers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Dagizmo Services, violation of the rights of any other person or entity, or any breach of this Agreement. Dagizmo reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
14. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAGIZMO AND ITS AFFILIATED COMPANIES, AND ITS AND THEIR SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND PARTNERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE DAGIZMO SERVICES OR ANY DAGIZMO MATERIALS, OR ANY OTHER INTERACTIONS WITH DAGIZMO OR ITS AFFILIATED COMPANIES, EVEN IF DAGIZMO OR A DAGIZMO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY TO YOU OF DAGIZMO AND ITS AFFILIATED COMPANIES, AND ITS AND THEIR SUPPLIERS, SERVICE PROVIDERS, LICENSORS AND PARTNERS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE DAGIZMO SERVICES OR OTHER DAGIZMO MATERIALS (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF FIFTY U.S. DOLLARS AND THE FEES YOU HAVE ACTUALLY PAID TO DAGIZMO HEREUNDER DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DAGIZMO’S LIABILITY WILL BE LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2 Class Action Waiver. YOU AND DAGIZMO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
15.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 14. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
15.4 Venue; Costs. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Dagizmo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
15.5 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 15.2 is invalid or unenforceable, you and Dagizmo agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 15.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
16. Claims. YOU AND DAGIZMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DAGIZMO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
17.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Dagizmo Services that is not subject to mandatory arbitration as set forth above in Section 15 shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
17.3 Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
17.4 Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not (except as set forth in Section 15.5) affect the validity and enforceability of any remaining provisions.
17.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dagizmo without restriction.
17.6 Survival. Sections 1, 2.2, 2.7, 5 (with respect to accrued but unpaid amounts) and 7 through 17 will survive any termination of this Agreement.
17.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
17.8 Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by Dagizmo as set forth in Section 6 above.
17.9 Disclosures. The services hereunder are offered by Dagizmo Inc., located at 626 Jefferson Ave Suite 5, Redwood City, CA 94063, email: firstname.lastname@example.org. If you are a California resident, please be advised that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
Effective Date: October 1, 2020.