BY USING THE SITES, ENGAGING THE SERVICES, AND/OR REQUESTING THAT DOVLY CONTACT YOU ABOUT THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE GENERAL TERMS.
BY USING THE SITES, ENGAGING THE SERVICES, AND/OR REQUESTING THAT DOVLY CONTACT YOU ABOUT THE SERVICES, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND DOVLY ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND DOVLY, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE GENERAL TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE GENERAL TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH DOVLY. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST DOVLY IN A COURT OF LAW. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the General Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the General Terms). The arbitrator shall have authority to interpret the General Terms, including but not limited to the authority to decide whether any claim is arbitrable under the General Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the General Terms. You agree that the General Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the General Terms is governed by the laws of the state of Arizona, as provided in Section 22 below.
1. About the General Terms
The Sites are services made available by Dovly. If you do not agree to the General Terms, you may not use the Sites. We may modify the General Terms at any time. If you do not agree to the changes, you must discontinue using the Sites, discontinue using the Services, and/or rescind your request that Dovly contact you about the Services before the changes take effect. Your continued use of the Sites, use of the Services, and/or request that Dovly contact you about the Services after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log in to the Sites, continue using the Services, and/or continue your request that Dovly contact you about the Services, you reaffirm your acceptance of the General Terms. You are responsible for regularly reviewing the General Terms, by clicking on the “Terms and Conditions” link at our public website. The General Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of the Sites, or to where particular content or transactions are posted in particular areas of the Sites and, together with the General Terms, govern your use of those areas, content, or transactions.
2. About the Sites
The Sites give users information about the Services, general educational and informational resources about credit, and the ability to sign up for and engage the Services.
3. Signing Up for the Services
You are not required to sign up for the Services in order to visit and read material on Dovly’s public website; however, you will need to sign up by creating a registered account if you want Dovly to assist you in your efforts to track, manage, and imrove your credit reports and rating. If you sign up, you agree to provide accurate and complete information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each sign-up is for a single person only. We do not permit any other person to enroll in the Services on behalf of another unless you have an appropriate Power of Attorney. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Dovly immediately by emailing [email protected]. Because Dovly services are delivered online, you sign up for Dovly by (a) reviewing and accepting electronically Dovly’s Service Agreement, regulatory disclosures and other documentation and (b) submitting information online that uniquely confirms your identity, including your social security number in whole or in part.
4. Member Files
Should you choose to sign up for the Services, you will enter into a separate written agreement with Dovly. Each file we create in conjunction with this separate written agreement is called a “Member File.” Your Member File will continue to be subject to the agreements otherwise governing them, except where so noted in the related agreement. Each Member File will be subject to the following:
· The terms or instructions appearing on a screen when using the service;
· Dovly’s policies and procedures applicable to the Member File and the online service;
· Applicable state 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) online via the Sites to obtain information relating to your use of the Services. To access your Member File, you must have access credentials and the required hardware and software. Subject to the General Terms and any separate written agreement(s), you will generally be able to access your Member File through the Sites seven days a week, 24 hours a day. Member File information is posted to the file at the time work is completed on the Member File.
At certain times, the online services may not be available due to system maintenance or circumstances beyond our control. During these times, you may call Dovly at 623-401-4100 or send an email to [email protected] to obtain information about your Member File.
Provisions relating to charges for the Services, if any, are specified in the Service Agreement accepted by you as a condition to obtaining such services. These provisions address terms and conditions for cancellation of service and refunds of fees. Separate and apart from any charges specified under a Service Agreement accepted by you, you may also choose to pay a voluntary gratuity (a “Tip”) when you obtain a favorable result or otherwise satisfactory experience from the Services. Payment of a Tip is optional. Payment or non-payment of a Tip will not affect your eligibility to participate in any Services and also will not affect the quality of any Services you receive. Although Tips are typically non-refundable, Dovly may refund a Tip in its sole discretion if you request a refund within 30 days by contacting [email protected]. These voluntary Tips help fund us and keep us going, but we want you to be in control of if, when, and how much to tip.
The Sites contain information, content, advertisements, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Dovly or other third parties. All trademarks and copyrighted information contained on the Sites are the property of their respective owners. Further, Dovly retains all rights (including intellectual property rights), title and interest in the Sites, technology, and all underlying technology and data including any enhancements, software, applications, and improvements related to the Sites (the “Technology”) (the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
8. Use of Sites and Materials
Dovly provides the Sites and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Sites. Any other use of the Sites or the Materials is strictly prohibited. You may not, either directly or indirectly:
· Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Sites or Materials without the express written permission of Dovly or the applicable rights holder;
· Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
· Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
· Use any network monitoring or discovery software to determine Sites architecture, or extract information about usage or users;
· Reformat or frame any portion of the Sites or Materials;
· Use any device, software or routine that interferes with the proper working of the Sites, or otherwise attempt to interfere with the proper working of the Sites;
· Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
· Attempt to gain unauthorized access to other computer systems;
· Violate the General Terms, applicable law, or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Sites.
Any permitted use of the Sites does not extend to using the Sites or Materials for any illegal purpose, or to transmit to or through the Sites or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Sites or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our Sites, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
By using the Sites, uploading content to or submitting any materials for use on the Sites, you grant (or warrant that the owner of such rights 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/or information generated through use of the Sites or incorporate such materials and/or information generated through use of the Sites into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
Anonymous, aggregate information that does not contain personally identifiable information, comprising account information, or other available data that is collected through your use of the Sites, may be used or licensed by Dovly for various purposes including but not limited to conducting certain analytical research, performance tracking, benchmarking, helping to improve products and services and to assist in troubleshooting and technical support.
10. Automated Activity
The Sites may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Sites. Much of the information on the Sites is updated on a real time basis and is proprietary or is licensed to Dovly by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Sites. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Sites.
You may provide links only to Dovly’s public website homepage, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Dovly notice of such link by sending an e-mail to [email protected] and (c) you discontinue providing links to this Sites if requested by Dovly. If you wish to provide links to a section within the Sites, you should forward your request to Dovly at [email protected] and Dovly will notify you 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 legally capable 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 all times with the General Terms and applicable law and (d) your use of the Sites and any transactions that you make with us will not violate the rights of any third party.
The Services and Sites, the underlying information, software and technology are subject to U.S. export controls. None of the Sites, Services, or Materials may be downloaded, or otherwise exported or re-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 the export or re-export of goods, (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List, or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List or Nonproliferation Sanctions List. By using the Services and Sites, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
Dovly makes every effort to ensure the information presented in, on or through its Sites is accurate; however, Dovly makes no guarantee as to such information, and is not responsible for any resulting loss or damage.
14. Warranty, Liability, Indemnification
Dovly makes no representations regarding the availability and performance of its Sites. You hereby acknowledge that any use of the Sites and reliance upon any Materials shall be at your sole risk and that Dovly shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE SITES AND MATERIALS ARE PROVIDED BY DOVLY ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. DOVLY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE SITES OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE SITES.
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, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SITES OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. DOVLY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
DOVLY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITES WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. DOVLY’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES SHALL BE CANCELLATION OF YOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless Dovly, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under the General Terms. We reserve the right to assume the exclusive defense and control of 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 you agree to accept any terms and conditions and to transact any business with us by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have access to the Internet to receive the Services, to request that Dovly contact you about the Services, and to view, print and retain all documentation. You authorize us to send you important notices about the Sites and any pending transactions to an email address you provide to us, if you are a member of Dovly or have requested that we contact you about the Services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Sites or the Services. You can retrieve and review the General Terms at any time by clicking here and may receive paper copies by contacting [email protected].
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Sites, including all devices, Internet browsers and Internet access. If you access the Sites or a Sites application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
19. Territorial Restrictions
We control and operate our services from the United States and we make no representations or warranties that the information, products, or services provided through our services are appropriate for access or use in other jurisdictions. You are not permitted to access or use our services in any jurisdiction if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability 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
Dovly is not a financial or legal advisor as defined under federal or state law. Use of our services is not a replacement for personal, professional advice or assistance regarding your finances, credit history or fixing your credit rating.
21. Links to or Connections with Third Party Sites or Applications
Our services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). The Services may also include features that allow you to connect your Dovly account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services.
22. Confidentiality of Information
Any information contained on the Sites with respect to results obtained by Dovly is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present members or the circumstances of their specific matters do not constitute testimonials or endorsements by such members, nor are they a guarantee, warranty or prediction of the outcome of your matter.
Electronic mail or other communications through Dovly’s public website to Dovly (or any of its employees, agents or representatives) are not secure. Accordingly, Dovly does not guarantee the confidentiality of such communications. You acknowledge that transmissions to and from the public website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law. You acknowledge that by submitting communications to Dovly, no confidential, fiduciary, contractually implied or other relationship is created between you and Dovly other than pursuant to the General Terms and any subsequent written agreement entered into with Dovly.
You are solely responsible for (a) maintaining the confidentiality and security of your login information, passwords, and any other security or access information used by you or anyone you authorize on your behalf to access the Sites and your account information, (b) preventing unauthorized access to or use of the information, files, or data that you store or use in or with the Sites, (c) all electronic communications, including account registration and other account holder information, email and financial, accounting and other data entered using the Sites, and (d) without limiting the foregoing, any and all activities that occur under your account. Dovly will assume that any communications received through the use of the Sites was sent or authorized by you. You agree to immediately notify Dovly if you become aware of any loss, theft, or unauthorized use of the Sites or your account information.
Please do not use the information on our Sites to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the General Terms.
Dovly reserves the right to investigate complaints or reported violations of the General Terms and to take any action Dovly deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Dovly reserves the right to seek all remedies available at law and in equity for violations of the General Terms, including but not limited to the right to block access from a particular Internet address to any Sites. These incorporate by reference any notices contained on the Sites and constitute the entire agreement with respect to access to and use of the Sites, and/or your request that Dovly contact you about the Services. You agree that the provisions and covenants set forth herein are reasonable. If any provision or covenant of the General Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the General Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the General Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
THE GENERAL TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in the first four paragraphs of the General Terms, and Sections 6 through 8, 11 through 15, 22, and 23 shall survive termination of the General Terms.
Dovly shall not be deemed to have waived any rights or remedies in the General 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 remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
The General Terms constitute the entire agreement and understanding between you and Dovly, except as you and Dovly may later agree in writing to modify the General Terms. The General Terms supersede any and all prior agreements and understandings, oral or written, relating to the subject matter contained herein.