TERMS OF SERVICE
Last Modified: 4/11/2019
Thank you for using udoit.biz and our related applications and services, including our Üdo application (collectively, the “Services”).
For clarity, all references to “us” (and similar words such as “we” and “our”) mean Dolan Holdings, LLC (doing business as Üdo) (regardless if they are capitalized), and all references to “you” mean the individual using the Services (regardless if the word is capitalized). However, if you are using the Services on behalf of a business entity, then “you” means both you and your business entity.
If you do not agree to these Terms, then do not use the Services.
Use of the Services
We will use commercially reasonable efforts to ensure the Services are available at all times, but we shall not be liable for any time during which the Services may be down. We may add to, modify, or terminate, portions of the Services at any time for any reason.
You may not do anything on the Services directly or indirectly that: (a) is illegal or violates another contract; (b) will harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems; or (c) constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.
Additionally, you may not use the Services if you are under 13, if we have terminated your right to use of the Services, or outside of the United States of America.
Third-Party Sites & Services
If you click on any links that take you away from our Services, or use any other party’s services which you may find through our Services, then you use those other sites and services at your own risk.
We may serve third-party advertisements on the Services. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk. Our inclusion of those advertisements on the Services is not an endorsement by us of their goods or services.
User Accounts & Paid Services
You are responsible for everything that happens through your account. You must keep your account credentials private and must not allow other people to use your account.
We may allow you to purchase blocks of minutes (on a per-purchase basis or on a subscription basis) to be used when requesting tasks or projects from us. All purchases of minutes are final and non-refundable. Except as otherwise permitted by us in writing, all purchased minutes are non-transferable.
We may also allow employers to purchase blocks of minutes (on a per-purchase basis or on a subscription basis), which the employer can then allocate to its employees that sign up to use our Services. All of such purchases are final and non-refundable. For clarity, employees must agree to these Terms before they can create a user account and before purchased minutes can be allocated to those employees’ accounts. Once the purchased minutes are allocated to a specific employee’s user account, they will be subject to our expiration policy and, except as otherwise permitted by us in writing, those allocated minutes will be non-transferable.
Expiration of Minutes
All minutes allocated to your account (whether by purchase by you or your employer or another party) expire 90 days after they are allocated to your account. If you do not use the minutes before they expire, then you will forever lose the right to use those minutes and you will not be entitled to a refund.
Requesting Tasks, Our Rights to Refuse
You shall not request that we or our representatives perform any illegal or immoral actions or services, the classification of which may be made by us in our sole discretion. Notwithstanding anything contrary in these Terms, we may agree or refuse to perform any action or service, for any reason, in our sole discretion.
During the time period in which you have an account with us, and for one year thereafter, you shall not directly or indirectly, actually or attempt to, interfere with, solicit, or hire, any of our employees or independent contractors who performed tasks or projects for you through the Services. However, this non-solicitation shall not apply to the hiring of an individual who responds to a general employment solicitation not targeted specifically at that individual.
You may be allowed to upload content to the Services (“Your Content”). By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, for any reason, with or without attribution, as reasonably necessary: (a) to provide, maintain, and update the Services; (b) to prevent or address service, security, support, and technical issues; and (c) as required by law. For clarification, the license above is perpetual and irrevocable, meaning your termination of your use of the Services does not terminate the license.
By uploading Your Content, you are representing and warranting to us that you either own or have all rights in and to Your Content, including all associated intellectual property rights, from all individuals and businesses required to allow you to grant that license to us.
Please note that Your Content may be visible to our employees and independent contractors and other vendors and representatives working for us or on our behalf. In our sole discretion, we may provide settings to you that allow you to restrict classes of workers who may view Your Content. You may request that we remove Your Content from our Services, but we may not be able to do so, and we are not obligated to do so. We also have no obligation to retain any of Your Content.
The Services, including all design, software, code, and other content on the Services, are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
We respect intellectual property rights of third parties. Accordingly, if you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please contact us at email@example.com.
ALL REFERENCES TO “WE” IN THIS SECTION TITLED “DISCLAIMERS” MEANS US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, OF ALL OF THEM.
WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE ON ANY OF THE TASKS OR PROJECTS WHICH ARE PERFORMED FOR YOU THOUGH THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THE INFORMATION AND DELIVERABLES PROVIDED TO YOU THROUGH A TASK OR PROJECT IS ACCURATE OR OTHERWISE MEETS YOUR NEEDS.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT.
WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT AND OTHER MISUSE OF YOUR IDENTITY OR OTHER CONTENT.
WE DO NOT MAKE ANY GUARANTEES REGARDING THE OPERATION OR RELIABILITY OF THE SERVICES, PORTIONS OR ALL OF WHICH MAY BE UNAVAILABLE AT TIMES OR TERMINATED PERMANENTLY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS AND, TO THE EXTENT SUCH JURISDICTION’S LAWS ARE APPLICABLE TO YOUR USE OF THE SERVICES, SUCH DISCLAIMERS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
ALL REFERENCES TO “WE” IN THIS SECTION TITLED “LIMITATION OF LIABILITY” MEANS US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS, AND THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, OF ALL OF THEM.
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.
SUBJECT TO THE OTHER LIMITATIONS IN THESE TERMS, OUR LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL BE LIMITED TO $100.
ANY CAUSE OF ACTION OR CLAIM WHICH YOU MAY HAVE WHICH ARISES OUT OF OR RELATES TO THE SERVICES MUST BE BROUGHT (IF AT ALL) WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUED, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
THE LIMITATIONS OF LIABILITY IN THESE TERMS SHALL APPLY REGARDLESS OF WHETHER YOU OR THE OTHER PARTY BASES YOUR/ITS CLAIM ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY PROVIDED IN ANOTHER CONTRACT BETWEEN YOU AND US, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND/OR YOUR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS AND LIMITATIONS OF LIABILITY AND, TO THE EXTENT SUCH JURISDICTION’S LAWS ARE APPLICABLE TO YOUR USE OF THE SERVICES, SUCH EXCLUSIONS AND LIMITATIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You shall protect, defend, indemnify, and hold us and our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them, harmless, from and against all expenses, claims (including third party claims), actions, liabilities, losses, and damages of every kind (including reasonable attorneys’ fees), which result or arise out of your failure to comply with these Terms, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services, and any activity in which you engage on or through the Services.
Notwithstanding the agreement to arbitrate above, either you or we may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
You may stop using the Services at any time. Additionally, if you create a user account, you may terminate the account at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Services.
In our sole discretion, at any time, and with or without notice, we may: (a) suspend your access to or terminate your right to use of all, or parts of, the Services; (b) suspend your access to or terminate your user account, if applicable; and (c) suspend or terminate all, or parts of, the Services.
All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.
Waiver of Jury Trial
The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
Power to Amend These Terms
These Terms are effective as of the Last Modified date at the top of this page.
We may amend these Terms at any time, for any reason, with or without notice to you, and your continued use of the Services after the amended Terms are posted on our Services will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms; or (b) 30 days after the amended Terms are posted on the Services.
Except as otherwise required, all notices and communications that you may send to us shall be sent to us
via email at firstname.lastname@example.org.