Terms of Service
Last Changes to Terms of Service: October 16, 2019
This is a legal agreement between you (“you” or “user”) and Doublechekk that states the material terms and conditions that govern your use of the Apps. This agreement, together with all updates, supplements, additional terms, and all of Doublechekk’s rules and policies collectively constitute this “Agreement” between you and Doublechekk. BY ACCESSING THE APPS, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THE APPS.
1. Apple Disclaimer. The following paragraph applies to any version of the Services that you acquire from the Apple App Store. This Agreement is entered into between You and Doublechekk. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the App. Doublechekk, not Apple, is solely responsible for the App and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or restricted parties. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
2. Access License. Doublechekk grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Apps or their content. This license does not include any right to resell or make commercial use of the Apps or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Apps or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Apps and/or any portion of the Apps may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Doublechekk’ express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
3. Copyright and Ownership. All of the content featured or displayed on the Apps, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Doublechekk, its licensors, vendors, agents and/or its Content providers. All elements of the Apps, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Apps may only be used for the intended purpose for which such Apps are being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Apps. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Apps. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Apps. The Apps, their Content and all related rights shall remain the exclusive property of Doublechekk or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Apps.
4. Trademarks/No Endorsement. All trademarks, service marks and trade names of Doublechekk used herein (including but not limited to: Doublechekk name, Doublechekk corporate logo, the Doublechekk design, and any associated logos or slogans) (collectively “Marks”) are trademarks or registered trademarks of Doublechekk or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Doublechekk trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Apps, without Doublechekk’ prior written consent. You shall not use Doublechekk’ name or any language, pictures or symbols which could, in Doublechekk’ judgment, imply Doublechekk’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Apps. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Apps’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Doublechekk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Doublechekk has the right to suspend or terminate your account and refuse any and all current or future use of the Apps (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Apps using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Apps. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
6. Submission Policy. The Apps are designed to solicit content from you and other users of the Apps (“User Submissions”). User Submissions remain the intellectual property of the individual user making the submission. By posting content to our Apps or otherwise providing feedback and suggestions to Doublechekk, you expressly grant Doublechekk a perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up worldwide, fully sub-licensable (through multiple tiers) right to use, reproduce, reformat, edit, revise, review, analyze, publicly display, publicly perform, distribute, advertise, and promote your User Submission or to authorize or sublicense any such rights to any third party. Any such User Submissions are deemed non-confidential and Doublechekk shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. All User Submissions will be your own work and/or you will have all rights necessary to submit the User Submission to the Apps. You will be solely responsible for paying any royalties to and/or securing any permissions from any co-author or other collaborator. You will identify all such co-authors and collaborators as part of your User Submission.
7. Inappropriate User Submissions. Doublechekk does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a fraud, crime or tort or otherwise violates applicable law. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission.
8. Inappropriate Conduct. You are prohibited from using the Apps to post or send any unlawful, threatening, defamatory, or obscene material or any material that could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Apps is expressly prohibited by this Agreement. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Apps for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Apps; or (iii) bypass any measures we may use to prevent or restrict access to the Apps.
11. Third Party Links. From time to time, the Apps may contain links to websites that are not owned, operated or controlled by Doublechekk or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Apps. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Apps, you do so entirely at your own risk.
12. Transactional Partners. In some cases we partner with another party to co-promote their services on our Apps. In these cases, if you access their services or purchase from them, you are transacting directly with the other party. On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Doublechekk Terms of Service. In such cases, when there is a conflict between these Terms of Service and the partner’s terms of service, their terms of service will prevail.
13. Doublechekk is Only a Tool. The Apps are designed solely as a tool to facilitate and simplify the home buying and home selling process. Doublechekk does not broker real estate transactions, nor does Doublechekk act as a real estate agent for you or any other party in any transaction or sell, buy, or negotiate the purchase, sale, or exchange of real estate. DOUBLECHEKK MAKES NO REPRESENTATION OR WARRANTY THAT ANY TEMPLATE OR FORM PROVIDED COMPLIES WITH LOCAL LAW. YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH APPLICABLE LAWS. DOUBLECHEKK IS ONLY PROVIDING AN ADMINISTRATIVE SERVICE. YOU SHOULD NOT USE DOUBLECHEKK FOR TRACKING CONTRACTS OR ESCROW. DOUBLECHEKK ASSUMES NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU OR ANY CLIENT OR SERVICE PROVIDER TAKE BASED ON THE APPS AND ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE APPS.
14. Accuracy of Information. We attempt to ensure that information on the Apps is complete, accurate and current. Despite our efforts, the information on the Apps may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Apps.
15. Fees. For all charges or deposits for any events, products and services ordered by you on or through the Apps, including any associated subscriptions, Doublechekk or its vendors or agents will bill your bank card or alternative payment method offered by Doublechekk and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Doublechekk and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Apps. You understand that our payment processor may hold and store such bank card or payment information in compliance with law to facilitate payment and deposit, damage reimbursement, and other liability purposes.
16. Termination. You or we may suspend or terminate your account or your use of this Apps at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Apps in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
17. Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Apps is and will be in compliance with all applicable laws.
18. DISCLAIMERS. Your use of the APPS is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APPS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER DOUBLECHEKK, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE APPS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE APPS MAY BE OUT OF DATE, AND NEITHER DOUBLECHEKK , NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOUBLECHEKK OR THROUGH THE APPS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. LIMITATIONS OF LIABILITY. DOUBLECHEKK DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THESE APPS, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THESE APPS. IN NO EVENT WILL DOUBLECHEKK, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE APPS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE APPS, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE APPS OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE APPS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APPS. IN NO EVENT SHALL DOUBLECHEKKS’TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE PRODUCTS OR SERVICES PURCHASED BY YOU ON THE APPS.
20. Indemnity. You agree to defend, indemnify and hold Doublechekk and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Apps or your placement or transmission of any content, message or information on these Apps by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to Doublechekk, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Apps with your unique username, password or other appropriate security code.
21. Release. In the event that you have a dispute with one or more other users of the Apps, you release Doublechekk (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
22. Force Majeure. Neither Doublechekk nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. General. Any claim relating to, and the use of, this Apps and the materials contained herein is governed by the laws of the State of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in Spokane County, Washington. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Apps, and operation of the Apps may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Doublechekk in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of this Agreement.
25. Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com.
26. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2019, Doublechekk and its related companies or its licensors. ALL RIGHTS RESERVED.