Agreement between User and DemoDirt.com
Collection and use of personal information
Use of the services and DemoDirt properties
Forms. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to create derivative works of, modify, reproduce, reverse engineer, enhance or in any way exploit any of the Forms, other than as permitted to complete the Forms for your own authorized use. You shall not alter or remove any copyright notice from the Forms. Notwithstanding the foregoing, you are licensed to download and print, for your personal records, electronic and physical copies of the Forms you produced through the DemoDirt Services. Any right not expressly granted in these Terms of Services is reserved by us. The design, text, graphics, and selection and arrangement of the Forms are copyright © DemoDirt Inc. All rights reserved.
Updates. You understand that the DemoDirt Properties are evolving. As a result, we may require you to accept updates to the DemoDirt Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update the DemoDirt Properties with or without notifying you. You may need to update third-party software from time to time in order to use the DemoDirt Properties.
Third-Party Materials. As a part of the DemoDirt Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the DemoDirt Properties, including but not limited to, a mobile device that is suitable to connect with and use the DemoDirt Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the DemoDirt Properties.
IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT-OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY EMAIL [email protected] YOU MAY ALSO RESPOND TO ANY PROMOTIONAL TEXT RECEIVED ON YOUR MOBILE DEVICE WITH THE WORD “STOP” TO OPT-OUT OF PROMOTIONAL TEXTS. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DEMO DIRT PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT-OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL [email protected] HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL CALLS OR TEXTS MAY IMPACT YOUR USE OF THE DEMO DIRT PROPERTIES OR RELATED SERVICES.
You must create a password for your account. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or any Services made using your password. Your password should only be used by you, and you should not share your password with any third party. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the DemoDirt Properties by minors. You agree to (y) notify us immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the DemoDirt Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. We reserve the right to delete or change any usernames or passwords at any time and for any reason upon notice to you. You agree not to create an Account or use the DemoDirt Properties if you have been previously removed by DemoDirt, or if you have been previously banned from any of the DemoDirt Properties.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of DemoDirt.
You acknowledge that you, and not DemoDirt, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the DemoDirt Properties (“Your Content”). You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
The DemoDirt Properties contain material, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us, including, but not limited to, the results of the Personal Insurance Checkup; all of these materials and information are collectively referred to herein as the “Content.” The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the DemoDirt Properties, which are registered and unregistered trademarks or service marks of ours or our licensors. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the DemoDirt Properties.
We do not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in the DemoDirt Properties, you represent that you own and/or have all proper intellectual property, proprietary, and other applicable rights and licenses to use, post, and/or publish Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not DemoDirt, are responsible for all of Your Content that you Make Available on or in the DemoDirt Properties.
Subject to any applicable Account settings that you select, you grant us a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the DemoDirt Properties to you and to our other Registered Users.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimers of warranties
“As is”. YOU ACKNOWLEDGE AND AGREE THAT THE DEMO DIRT PROPERTIES ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DEMODIRT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH A “DEMO DIRT PARTY” AND COLLECTIVELY THE “DEMO DIRT PARTIES”) MAKE ANY WARRANTY THAT THE DEMO DIRT PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. THE DEMO DIRT PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICES, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. INFORMATION AND OPINIONS RECEIVED VIA THE DEMODIRT PROPERTIES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. THE DEMO DIRT PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH DEMODIRT PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE DEMO DIRT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DEMO DIRT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Insurance Checkup Services. THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE BASED ON PRELIMINARY DATA PROVIDED BY YOU AND RECEIVED BY THE US. THE RESULTS ARE PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. YOUR INSURANCE NEEDS MAY DIFFER FROM WHAT IS DESCRIBED IN THE PERSONAL INSURANCE CHECKUP RESULTS, DEPENDING ON DETAILS WE DID NOT CAPTURE IN OUR PERSONAL INSURANCE CHECKUP QUESTIONNAIRE (INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF YOUR DEDUCTIBLES, THE TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, THE IDENTITY OF YOUR INSURANCE CARRIERS, AND YOUR HEALTH HISTORY). THE PERSONAL INSURANCE CHECKUP RESULTS SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE, OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE ACCURATE, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THEIR ACCURACY OR WITH RESPECT TO THE ACCURACY OF ANY OTHER CONTENT.
Other Insurance Products and Services. ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS, OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DEMO DIRT PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES, OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE DEMO DIRT PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE FEES PAID BY YOU WITHIN THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; AND (C) FIVE HUNDRED DOLLARS ($500.00). ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE DEMODIRT PROPERTIES IS TO STOP USING THE SAME.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the DemoDirt Properties (including any interactions with, or act or omission of External Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party 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.”
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEMODIRT AND YOU.
Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Dispute resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to a VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in the above-stated rules (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If however, either subpart (1) and (2) in the above-stated rules (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the state or federal court in New York, New York.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
If you have any questions, complaints, or claims with respect to the DemoDirt Properties, please contact us at: [email protected] We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Accessing and downloading the application from iTunes
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between DemoDirt and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
d) You and DemoDirt acknowledge that, as between DemoDirt and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
North Carolina consumers
Any North Carolina consumer concerns involving the unauthorized practice of law made to DemoDirt shall be referred by DemoDirt to the North Carolina State Bar.
We provide watermarked Forms to North Carolina customers upon request; no purchase is necessary. To request a copy, please contact us specifying which Forms you are requesting.
Address: DemoDirt Inc., 444 Lake Street, Chicago, IL 60606, Attn: Legal
Email: [email protected]