BY USING THE WEBSITE, ENGAGING DOVLY’S SERVICES, AND/OR REQUESTINGTHAT DOVLY CONTACT YOU ABOUT ITS SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THEWEBSITE TERMS.
BY USING DOVLY’S WEBSITE, ENGAGING DOVLY’S SERVICES, AND/OR REQUESTINGTHAT DOVLY CONTACT YOU ABOUTITS SERVICES, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND DOVLYON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANYCASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIMNOW OR HEREAFTER PENDING BETWEEN YOU AND DOVLY, INCLUDING BUT NOT LIMITED TOANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THEINTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANTTO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT ANDPROSPECTIVE INTERACTIONS WITH DOVLY. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTSTO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASSACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST DOVLY IN A COURT OFLAW. THE RULES OF THE AMERICANARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided,however, that the terms of the Website Terms shall control over anyinconsistency between the Rules of the American Arbitration Association and theWebsite Terms). The arbitrator shall have authority to interpret the WebsiteTerms, including but not limited to the authority to decide whether any claimis arbitrable under the Website Terms and to decide issues related to the scopeof arbitration, the rules of arbitration, the arbitrator’s jurisdiction, andthe enforceability of the Website Terms. You agree that the Website Termsinvolves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clauseis governed by federal law, including the Federal Arbitration Act. Theremainder of the Website Terms is governed by the laws of the state of Arizona,as provided in Section 22 below.
1. About the Website Terms
The Website is a service made available by Dovly. If you donot agree to the Website Terms, you may not use the Website. We may modify theWebsite Terms at any time. If you do not agree to the changes, you mustdiscontinue using the Website, discontinue using Dovly’s services, and/orrescind your request that Dovly contact you about its services before thechanges take effect. Your continued use of the Website, use of Dovly’sservices, and/or request that Dovly contact you about its services after anysuch changes take effect constitutes your acceptance to such changes. Each timeyou visit or log in to the Website, continue using Dovly’s services, and/or continueyour request that Dovly contact you about its services, you reaffirm youracceptance of the Website Terms. You are responsible for regularly reviewingthe Website Terms, by clicking on the "Terms and Conditions" link atour website. The Website Terms may be supplemented byadditional terms and conditions applicable to privacy, specific areas of thisWebsite, or to where particular content or transactions are posted inparticular areas of the Website and, together with the Website Terms, governyour use of those areas, content, or transactions.
2. About the Website
The Website gives users information about Dovly’s services,general educational and informational resources about credit, and the abilityto sign up for and engage Dovly’s services.
3. Signing Up for Dovly’s Services
You are not required to sign up for Dovly’s services inorder to visit and read material on the Website; however, you will need to signup by creating a registered account if you want Dovly to assist you in yourefforts to improve your credit reports and rating. If you sign up, you agree toprovide accurate and complete information. You must be legally capable to enterinto contracts. It is your responsibility to make any updates to thatinformation. Each sign-up is for a single person only. We do not permit anyother person to enroll in Dovly’s services on behalf of another unless you havean appropriate Power of Attorney. You are responsible for preventing suchunauthorized use. If you believe there has been unauthorized use, you shouldnotify Dovly immediately by emailing email@example.com. Because Dovly services are delivered online,you sign up for Dovly by (a) reviewing and accepting electronically Dovly’sService Agreement, regulatory disclosures and other documentation and (b)submitting information online that uniquely confirms your identity, includingyour social security number in whole or in part.
4. Member Files
Should you choose to sign up for Dovly’s services, you willenter into a separate written agreement with Dovly. Each file we create inconjunction with this separate written agreement is called a “Member File.”Your Member File will continue to be subject to the agreements otherwisegoverning them, except where so noted in the related agreement. Each MemberFile will be subject to the following:
· Theterms or instructions appearing on a screen when using the service;
· Dovly’spolicies and procedures applicable to the Member File and the online service;
· Applicablestate and federal laws and regulations.
5. Access to Member Files
You authorize Dovly to provide access to your Member File(s)through its online services. You may access your Member File(s) here(the “Member Website”) to obtain, a report of services provided, informationreceived from you by Dovly and input into your file, your disputinginstructions, and other information. To access a Member File through the onlineservice you must have a password and the required hardware and software. Subjectto the terms of this agreement and any separate written agreement(s), you willgenerally be able to access your Member File through the Member Website sevendays a week, 24 hours a day. Member File information is posted to the file atthe time work is completed on the Member File.
At certain times, the online services may not be availabledue to system maintenance or circumstances beyond our control. During thesetimes, you may call Dovly at 623-401-4100 or send an email to firstname.lastname@example.org obtaininformation about your Member File.
Provisions relating to the charges for Dovly’s services arespecified in the Service Agreement accepted by you as a condition to obtainingsuch services. These provisions addressterms and conditions for cancellation of service and refunds of fees. In accordance with applicable law, theseprovisions permit you to cancel the Service Agreement for any reason within 5business days from the date you accept it.
The Website contains information, content or advertisementstext, photographs, designs, graphics, images, sound and video recordings,animation and other materials and effects (collectively, the"Content") that are protected by copyrights, trademarks, servicemarks, trade dress, patents or other intellectual or proprietary rights ownedby Dovly or other third parties. All trademarks and copyrighted informationcontained on the Website are the property of their respective owners. Further, Dovlyretains all rights (including intellectual property rights), title and interestin the Website, technology, and all underlying technology and data includingany enhancements, software, applications and improvements related to theWebsite (the "Technology") (the terms Content and Technologycollectively will be referred to as the "Materials"). You may notremove from any electronic or printed copy any copyright, trademark, or otherproprietary notice.
8. Useof Website and Materials
Dovly provides the Website and the Materials for yourindividual, non-commercial use and solely for the purpose of carrying outindividual transactions with the Website. Any other use of the Website or theMaterials is strictly prohibited. You may not, either directly or indirectly:
· Modify, republish, redistribute,delete, resell, sublicense, publicly perform, cache by proxy the Website orMaterials without the express written permission of Dovly or the applicablerights holder;
· Use the Materials for telemarketing,direct marketing, and commercial mass e-mail or by agents or representatives ore-mail spammers;
· Reverse engineer, decompile,disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense ortransfer the underlying source code or structure or sequence of the Technology ordelete or alter author attributes or copyright notices;
· Use any network monitoring or discoverysoftware to determine Website architecture, or extract information about usageor users;
· Reformat or frame any portion of theWebsite or Materials;
· Use any device, software or routinethat interferes with the proper working of the Website, or otherwise attempt tointerfere with the proper working of the Website;
· Take any action that imposes, or mayimpose in our sole discretion an unreasonable or disproportionately large loadon our infrastructure;
· Attempt to gain unauthorized access toother computer systems;
· Violate the Website Terms, applicablelaw or the rights of others; or disrupt or interfere with the security of, orotherwise cause harm to, the Website.
Any permitted use of the Website does not extend to usingthe Website or Materials for any illegal purpose, or to transmit to or throughthe Website or to or through any service any illegal, harmful, threatening,defamatory, obscene, hateful, pornographic or other objectionable material ofany kind, or to interfere with, abuse or otherwise violate the legal rights ofany third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, orterminate our service and user accounts, prohibit access to our website, removehosted content, and take technical and legal steps to keep users off theWebsite if we think that they are creating problems, possible legalliabilities, or acting inconsistently with the letter or spirit of ourpolicies. We also reserve the right to cancel unconfirmed accounts.
By using the Website, uploading content to or submitting anymaterials for use on the Website, you grant (or warrant that the owner of suchrights has expressly granted) Dovly a perpetual, royalty-free, irrevocable,non-exclusive right and license to use, reproduce, modify, adapt, publish,translate, create derivative works from and distribute such materials and/orinformation generated through use of the Website or incorporate such materialsand/or information generated through use of the Website into any form, medium,or technology now known or later developed throughout the universe. We needthese rights to host and display your content.
Anonymous, aggregate information that does not containpersonally identifiable information, comprising account information, or otheravailable data that is collected through your use of the Website, may be usedor licensed by Dovly for various purposes including but not limited toconducting certain analytical research, performance tracking, benchmarking,helping to improve products and services and to assist in troubleshooting andtechnical support.
10. Automated Activity
The Website may use robot exclusion methods, which includerobots.txt files and HTML meta tags, which expressly allow and/or excludespecified automated programs from accessing certain portions of the Website.Much of the information on the Website is updated on a real time basis and isproprietary or is licensed to Dovly by our users or third parties. You agreethat you will not use any robot, spider, scraper or other automated means toaccess the Website for any purpose, including but not limited to performing"offline" searches and mirroring, without our express written permissionas indicated in the then current robots.txt file or HTML meta tags on theWebsite. Additionally, you agree that you will not bypass our robot exclusionmethods or other measures we may use to prevent or restrict access to theWebsite.
You may provide links only to the homepage of this Website,provided (a) you do not remove or obscure, by framing or otherwise, any portionof the homepage, (b) you give Dovly notice of such link by sending an e-mailto email@example.com and(c) you discontinue providing links to this Website if requested by Dovly. Ifyou wish to provide links to a section within the Website, you should forwardyour request to Dovly at firstname.lastname@example.org and Dovly will notifyyou if, within its sole and unfettered discretion, permission is granted, and,if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legallycapable to enter into contracts, (b) you are providing us at all times true,accurate and up to date information about yourself, (c) you will comply at alltimes with the Website Terms and applicable law and (d) your use of the Websiteand any transactions that you make with us will not violate the rights of anythird party.
Dovly’s services and Website, the underlying information,software and technology are subject to U.S. export controls. None of theWebsite services or content may be downloaded, or otherwise exported orre-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran,Sudan, Syria or any other country subject to U.S. sanctions applicable to theexport or re-export of goods, (ii) to anyone on the U.S. Treasury Department’sList of Specially Designated Nationals and Blocked Persons List, or the U.S. CommerceDepartment’s Denied Persons List, Unverified List, Entity List orNonproliferation Sanctions List. By using Dovly’s services and Website, youagree to the foregoing and you represent and warrant that you are not locatedin, under the control of, or a national or resident of any such country or onany such list, and that you acknowledge you are responsible to obtain anynecessary U.S. government authorization to ensure compliance with U.S. law.
Dovly makes every effort to ensure the information presentedin, on or through its Website is accurate; however, Dovly makes no guarantee asto such information, and is not responsible for any resulting loss or damage.
14. Warranty, Liability, Indemnification
Dovly makes no representations regarding the availabilityand performance of its Website. You hereby acknowledge that any use of theWebsite and reliance upon any Materials shall be at your sole risk and that Dovlyshall not be liable for any loss of data, lost profits or any other damages or lossesresulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY DOVLY ON AN"AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY ORREPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. DOVLYEXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR APARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORYQUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THEABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONSTHAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THATYOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL DOVLY, ITS DIRECTORS, OFFICERS, EMPLOYEES,AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOMEOR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRDPARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OFTHE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION,ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY ORINTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOTRESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. DOVLYSHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANYFAILURE OF THE INTERNET. Some states do not allow the exclusion or limitationof liability of consequential or incidental damages, so the above exclusionsmay not apply to all users; in such states liability is limited to the fullestextent permitted by law.
DOVLY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION,SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OFVIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFULCOMPONENTS. DOVLY’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITHRESPECT TO THE USE OF ANY SERVICES PROVIDED BY DOVLY SHALL BE CANCELLATION OFYOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless Dovly, itsofficers, directors, employees, agents, representatives, vendors anddistributors from and against any and all claims, liabilities, damages, losses,costs, expenses, or fees (including reasonable attorneys’ fees) that suchparties may incur as a result of or arising from your (or anyone using youraccount’s) violation or breach of any representation or obligation under theWebsite Terms. We reserve the right to assume the exclusive defense and controlof any matter otherwise subject to indemnification by you and, in such case,you agree to cooperate with our defense of such claim.
17. Electronic Notices and Transactions
You agree to transact with us electronically. This means youagree to accept any terms and conditions and to transact any business with usby electronic means, which includes receiving all documents in HTML or PDFformat and communicating over the Internet. You also certify that you are atleast 18 years of age and have access to the Internet to receive Dovly’sservices, to request that Dovly contact you about its services, and to view,print and retain all documentation. You authorize us to send you importantnotices about the Website and any pending transactions to an email address youprovide to us, if you are a member of Dovly or have requested that we contactyou about our services. It is your duty to keep your email address up to dateand to maintain a valid email address and to ensure that emails we send you arenot filtered or stopped by spam filters or other types of email blockingfunctionalities. If you no longer desire to transact electronically with us,you may no longer use the Website or Dovly’s services. You can retrieve andreview the Website Terms at any time by clicking hereand may receive paper copies by calling Dovly at email@example.com.
You are responsible for obtaining at your own expense allequipment and services needed to access and use the Website, including alldevices, Internet browsers and Internet access. If you access the Website or aWebsite application through a mobile or wireless device, you are responsible forall fees that your carrier may charge you for data, text messaging and otherwireless access or communications services.
19. Territorial Restrictions
Wecontrol and operate our services from the United States and we make norepresentations or warranties that the information, products, or servicesprovided through our services are appropriate for access or use in otherjurisdictions. You are not permitted to access or use our services in anyjurisdiction if it would be contrary to the law or regulation of thatjurisdiction or if it would subject us to the laws of, or any registrationrequirement with, such jurisdiction. We reserve the right to limit theavailability of our services to any person, geographic area, or jurisdiction,at any time and in our sole and absolute discretion.
20. Not a Legal or Professional Advisor
Dovlyis not a financial or legal advisor as defined under federal or state law. Useof our services is not a replacement for personal, professional advice orassistance regarding your finances, credit history or fixing your creditrating.
21. Links to or Connections with Third Party Sites orApplications
Ourservices or communications to you may contain third party content or links tothird party sites, applications or services (collectively, “Third PartyContent”). Our services may also include features that allow you to connectyour Dovly account with accounts or services provided by third parties, such asaccounts you maintain with financial institutions or social media platformslike Facebook (collectively, “Third Party Services”). We do not control,maintain, or endorse the Third Party Content or Third Party Services, and weare not responsible or liable for any Third Party Content or Third PartyServices, including any damages, losses, failures, or problems caused by,related to, or arising from Third Party Content or Third Party Services. Yourinteractions and business dealings with the providers of the Third PartyContent or Third Party Services, including products or services offered by suchthird parties, are solely between you and the third party. You should reviewall of the relevant terms and conditions associated with Third Party Content orThird Party Services, including any privacy policies and terms of service. We arenot responsible for any information that you agree to share with third partiesin connection with Third Party Content or Third Party Services.
22. Confidentiality of Information
Any information contained on the Website with respect toresults obtained by Dovly is not meant to indicate that the same or similarresults can or will be obtained in other cases or situations. Results will varydepending on the facts and circumstances of each individual matter. Priorresults do not predict, warrant or guarantee a similar outcome. References topast or present members or the circumstances of their specific matters do notconstitute testimonials or endorsements by such members, nor are they aguarantee, warranty or prediction of the outcome of your matter.
Electronic mail or other communications through this site toDovly (or any of its employees, agents or representatives) are not secure.Accordingly, Dovly does not guarantee the confidentiality of suchcommunications. You acknowledge that transmissions to and from the Website arenot confidential and your communications may be read or intercepted by others.Any unprotected e-mail communication over the Internet is subject to possible interceptionor loss, is not confidential and is also subject to possible alteration. We arenot responsible for and will not be liable to you or any third party fordamages in connection with an e-mail sent by you to us or an e-mail sent by usto you, or anyone you designate, at your request. Violators of this section whouse our services for any illegal purpose including but not limited to repeatedunwanted emails or “Spam,” may be prosecuted to the full extent of the law. Youacknowledge that by submitting communications to Dovly, no confidential,fiduciary, contractually implied or other relationship is created between youand Dovly other than pursuant to the Website Terms and any subsequent writtenagreement entered into with Dovly.
You are solely responsible for (a) maintaining theconfidentiality and security of your login information, passwords, and anyother security or access information used by you or anyone you authorize onyour behalf to access the Website and your account information, (b) preventingunauthorized access to or use of the information, files, or data that you storeor use in or with Dovly’s Website, (c) all electronic communications, includingaccount registration and other account holder information, email and financial,accounting and other data entered using the Dovly Website, and (d) withoutlimiting the foregoing, any and all activities that occur under your account.Dovly will assume that any communications received through the use of the DovlyWebsite was sent or authorized by you. You agree to immediately notify Dovly ifyou become aware of any loss, theft, or unauthorized use of the Dovly Websiteor your account information.
Please do not use the information on our Website todistribute unsolicited bulk e-mails, solicitations or inquiries. The foregoingacts will constitute a violation of the Website Terms.
Dovly reserves the right to investigate complaints orreported violations of the Website Terms and to take any action Dovly deemsappropriate including but not limited to reporting any suspected unlawfulactivity to law enforcement officials, regulators, or other third parties anddisclosing any information necessary or appropriate to such persons or entitiesrelating to user profiles, e- mail addresses, usage history, posted materials,IP addresses and traffic information. Dovly reserves the right to seek allremedies available at law and in equity for violations of the Website Terms,including but not limited to the right to block access from a particular Internetaddress to any Dovly website. These incorporate by reference any noticescontained on the Website and constitute the entire agreement with respect toaccess to and use of the Website, and/or your request that Dovly contact you aboutits services. You agree that the provisions and covenants set forth herein arereasonable. If any provision or covenant of the Website Terms shall be heldinvalid, illegal or unenforceable by a court or arbitrator of competentjurisdiction for any reason, including but not limited to the scope thereof,then such provision will be severed and replaced with a new provision that mostclosely reflects the original intention thereof, and the remaining provisionsof the Website Terms will remain in full force and effect for the greatest timeperiod and for the broadest scope permitted by applicable law. Without limitingthe foregoing, you agree and request that if any court or arbitrator ofcompetent jurisdiction considers any provision or covenant of the Website Termsto be overly broad based on the circumstances at the time enforcement isrequested, that such court or arbitrator construe and enforce the provision orcovenant to the fullest extent that such court or arbitrator deems reasonable.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED INACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, USA, AS THEY APPLY TOAGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSEIS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in thefirst four paragraphs of the Website Terms, and Sections 6 through 8, 11through 15, 22, and 23 shall survive termination of the Website Terms.
Dovly shall not be deemed to have waived any rights orremedies in the Website Terms unless such waiver is in writing and signed by Dovly.No delay or omission on the part of Dovly in exercising any rights or remediesshall operate as a waiver of such rights or remedies or any other rights orremedies. A waiver on any one occasion shall not be construed as a waiver ofany rights or remedies on future occasions.
The Website Terms constitutes the entire agreement andunderstanding between you and Dovly, except as you and Dovly may later agree inwriting to modify the Website Terms. The Website Terms supersedes any and allprior agreements and understandings, oral or written, relating to the subjectmatter contained herein.