Done Right!® Terms of Use Agreement
Last Updated: 02-25-2010
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Done Right!®
The Done Right! Directory
35 East Colorado Bldv. 2nd Floor
Pasadena, CA 91105-1901
Customer Service: 800-936-0883
E-mail: customerservice@doneright.com
Table Of Contents
1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES
Please review this Terms of Use Agreement ("Agreement"). By accessing, browsing
or using this website, and the websites of the below listed companies, divisions
or service groups, or any page thereof, through any direct or indirect means (individually
or collectively, "Websites" or "Website"), or by using the goods, facilities or
services offered in or through the Websites through alternative methods (including,
for example, telephone, mail, email or facsimile), and in particular by dialing
one of our approved Service Providers – you are entering into a business relationship
with us and our approved Service Providers and you accept and agree to be bound
by these Terms of Use (the terms "Website" and "Websites" include use through these
alternative methods). By contacting (or attempting to contact) one of our approved
Service Providers, you further understand and agree to be contacted by Done Right!®
and/or its approved Service Providers. We, and our approved Service Providers (whom
you have called using one of the phone numbers Done Right!® has marketed), may contact
you via telephone, facsimile, electronic mail, postal mail, or any other reasonable
manner, even if you are on any “Do Not Call” lists.
You may at any time request that Done Right!® or its approved Service Providers
include you on any internal “Do Not Call” list. THIS AGREEMENT CONTAINS AN AGREEMENT
TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please
see section 10). These provisions form an essential basis of our bargain. If you
do not agree to these terms and conditions, you are not authorized to access or
use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of this Agreement, "You" or "Your" means the person(s) using the Websites,
and/or the goods, facilities or services of Done Right!® (“DR”).
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE
PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
You understand and agree that by using our service:
DR operates the Websites and shall have the right at any time to change or discontinue
any aspect or feature of the Websites and the right to modify the terms and conditions
applicable to users of the Websites, including these Terms of Use, or any part hereof.
Such changes, modification, additions or deletions shall be effective immediately
upon posting on the Websites. Any use by you of the Websites or the good, facilities
or services offered in or through the Websites shall be deemed to constitute acceptance
of such changes.
2. CONSUMER INFORMATION SECURITY POLICY
The DR Consumer Information Security Policy, hereby incorporated by reference into
this Agreement, explains the policy applicable to the information that is collected
through the Websites, received directly from you or transmitted to or from third
parties.
3. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 1998-2010 Done Right!®, LendingTree,
LLC and/or its subsidiaries and affiliates , its suppliers, and Service Providers.
All rights reserved. Done Right!®, Done Right! Directory® and Done Right! Guarantee®
are a service marks of Done Right!® and or LendingTree.com and its affiliates. Other
product and company names mentioned herein, including the names of third party service
providers, may be the trademarks of their respective owners.
Nothing on the Websites should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any service mark or trademark (individually
and collectively, "Mark" or "Marks") displayed on the Websites, without the prior
written permission of DR or the applicable Mark holder specific for each such use.
The Marks may not be used to disparage DR, the applicable third party or the products
or services of such parties, nor shall they be used in any manner that may damage
any goodwill in the Marks. Use of any Mark as part of a link to or from any site
is prohibited unless establishment of such a link is approved in advance by DR in
writing.
The Websites contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and
sound, and the entire contents of the Websites are copyrighted as a collective work
under the United States copyright laws. DR owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original
to it. You may not modify, publish, transmit, participate in the transfer or sale,
create derivative works or in any way exploit, any of the content, in whole or in
part. Except as otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial or non-commercial exploitation of downloaded
material will be permitted without the express written permission of DR and the
copyright owner. Elements of the Websites are protected by trade dress, trademark,
unfair competition, and other state and federal laws and may not be copied or imitated
in whole or in part, by any means, including but not limited to, the use of framing
or mirrors.
You agree that we own all database, compilation, collective and similar rights,
title and interest worldwide in our member and merchant directories, and all information
and derivative works generated there from.
Additionally, you agree that we own any other information we generate or obtain
in connection with the provision of our services, our website, and our Done Right!®
Guarantee. You may not copy any information, in any form whatsoever, from any database,
compilation, or collective work, including the member and merchant directories,
using any means, mechanical or otherwise, without our prior written consent.
4. DISCLAIMERS AND LIABILITY
DR intends that the information contained in the Websites is for information purposes
only and that it be accurate and reliable; however, errors sometimes occur. In addition,
changes and improvements to the information provided herein may be made by DR at
any time. Under no circumstances will DR be liable for any loss or damage caused
by your reliance on information obtained through the Websites. It is your responsibility
to evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Websites.
IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO
SO AT YOUR OWN RISK. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ASSOCIATED WITH IT ARE PROVIDED "AS IS". EXCEPT AS PROVIDED FOR IN OUR “Done Right!
Guarantee®” YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS
YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA
DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE. To review the Done Right!
Guarantee click here.
DR AND/OR ITS SUPPLIERS, INVESTORS, PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES
AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR DR’s SERVICES IS
AT YOUR OWN RISK. DR AND/OR ITS SUPPLIERS, AND PROVIDERS ARE NOT LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER
INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE
THE WEBSITES AND/OR DR’s SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES,
INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE
WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES
OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS,
EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES
THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM,
DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DR RECORDS, PROGRAMS OR SERVICES ,
OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE
OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF DR AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS
HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
DR and the Service Providers may choose to electronically deliver all information
related to its services and your requests. DR and its Service Providers’ electronic
communications to you may transmit or convey information about action taken on your
request, portions of your request that may be incomplete or require additional explanation,
any notices required under applicable law, and other terms, conditions and documents,
and the privacy policies of DR and Service Providers. You agree to receive all current
and future notices, disclosures, communications and information, and to do business
electronically with DR, and the Service Providers. This means that DR and the Service
Providers may communicate with you by sending a message to the email address you
provided or at another address that may be associated with you that we receive from
Service Providers or other parties. You agree that you meet the below technical
requirements and are able to access and retain copies of notices and information
sent or made available electronically.
Technical Requirements To access and retain information and notices we send or make
available to you electronically, you will need:
- Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print Internet Explorer 6 or higher
- Netscape 8.04 and above (Use in IE mode)
- Email Access or Firefox version 1.5
6. PRIVACY POLICY
The DR Privacy Policy, hereby incorporated by reference into this Agreement, explains
the policy applicable to the information that is collected through the Websites
or received directly from you.
7. INDEMNITY
As a condition of use of the Websites and/or DR’s services, you agree to indemnify
DR and its suppliers, its Service Providers or other related parties from and against
any and all liabilities, expenses (including attorneys' fees) and damages arising
out of claims resulting from your use of the Websites, including without limitation
any claims alleging facts that if true would constitute a breach by you of this
Agreement.
8. LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links
are provided for your convenience and reference only. DR does not operate or control
in any respect any information, software, products or services available on such
websites. DR inclusion of a link to a website does not imply any endorsement of
the services or the website, its contents, or its sponsoring organization. When
you leave the Websites please note that DR is not responsible for the accuracy or
content of the information provided by that website, nor is it liable for any direct
or indirect technical or system issues arising out of your access to or use of third
party technologies or programs available through that website.
9. ERRORS AND DELAYS
DR is not responsible for any errors or delays in responding to a request or referral
form caused by, including but not limited to, an incorrect email address provided
by you or other technical problems beyond our reasonable control.
10. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Websites,
to the goods or services provided by DR, or to any acts or omissions for which you
may contend DR is liable, including but not limited to any claim or controversy
as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration.
The arbitration shall be held before one arbitrator under the commercial arbitration
rules of the American Arbitration Association ("AAA") in force at that time, including
but not limited to the Supplementary Procedures for Consumer Related Disputes. The
arbitration shall be venued in Orange County, California except for consumers for
whom a different location would be more reasonably convenient. The arbitrator shall
be selected pursuant to the AAA rules. Should no AAA rule regarding the selection
of an arbitrator be in effect, the consumer shall select an arbitrator from a panel
of arbitrators acceptable to DR. To begin the arbitration process, a party must
make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court
of competent jurisdiction. The arbitrators shall not have the power to award damages
in connection with any Dispute in excess of actual compensatory damages and shall
not multiply actual damages or award consequential, punitive or exemplary damages,
and each party irrevocably waives any claim thereto, except in Maine where state
law will control all rights and remedies in the arbitration. The agreement to arbitrate
shall not be construed as an agreement to the joinder or consolidation of an arbitration
under this agreement with an arbitration of disputes or claims of any non-party,
regardless of the nature of the issues or disputes involved. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be joined
to an arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise. Should the AAA decline to accept a matter
submitted for individual (non-class) arbitration under these Terms of Use, the parties
shall jointly select another arbitrator. In the event the parties are unable to
agree on a neutral, the claimant may file suit in any court of competent jurisdiction
solely for the purpose of requesting the appointment of an arbitrator for individual
(non-class) arbitration), as provided for in Section 5 of the Federal Arbitration
Act.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DR WILL BE RESOLVED BY
BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND
YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.
YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You
are entitled to a fair hearing, and the arbitration procedures are simpler and more
limited than rules applicable in court. Arbitrator decisions are enforceable as
any court order and are subject to very limited review by a court. By using DR’s
goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit between you and DR, the parties
agree that jurisdiction over and venue of any suit shall be exclusively in the state
and federal courts sitting in Orange County, California. If either party employs
attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing
party shall be entitled to recover reasonable attorneys' fees.
11. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable
to use of the Websites, including, but not limited to, any supplemental terms governing
the use of certain specific material contained in the Websites and any operating
rules for the Websites established by DR) constitutes the entire agreement between
you and DR and it supersedes all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic, between you and DR with respect
to the Websites and information, software, products and services associated with
it. This Agreement shall be subject to and construed in accordance with the laws
of the State of California, excluding its conflict of laws principles. If any part
of this Agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid enforceable provision that most closely matches the intent of the original
provision, and the remainder of the Agreement shall continue in effect. A printed
version of this Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. All rights not
expressly granted herein are reserved. You may not link to any webpage on our website
except to the main page located at www.doneright.com without our expressed written
consent. You may not frame, or in-line link, to any web page located on this website,
nor use in any manner the content of the website without our prior written consent.
Requests for consent may be sent to info@doneright.com Use of certain elements our
service and our website requires user registration. You agree that you will register
only if you are 13 years, or older. You further agree that all information you supply
during registration will be accurate and complete. In the event we make use of user
names and passwords you are responsible for keeping your user name and password
secret and will promptly notify us of any known or suspected unauthorized use of
your account.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.