Terms of Use
Effective as of July 10, 2017
Welcome to Dadda.com (the “SITE”), a web-based portal owned, operated and maintained by DADDA LLC (“DADDA”). The sole purposes of the SITE (the “PURPOSES”) are for (i) consumers (“SEEKERS”) to research, hire, rate, and review a variety of service providers and professionals (“PRODUCERS”), (ii) PRODUCERS to create, submit, and publicize personal profiles (“PROFILES”) of themselves for the purpose of attracting prospective SEEKERS, (iii) SEEKERS to open CASES (defined below) to connect with appropriate PRODUCERS, and (iv) SEEKERS to post comments and reviews (“REVIEWS”) of PRODUCERS as to their services; all subject to the following Terms of Use (“TERMS”), the Privacy Policy (“PRIVACY POLICY”) and all applicable laws.
THE SITE IS TO BE USED FOR NO OTHER PURPOSES.
Except as may be expressly indicated otherwise, the provisions of the TERMS and PRIVACY POLICY shall apply equally to MEMBERS, each of whom may be referred to herein as “SEEKERS”, “PRODUCERS”, “USERS”, or the “USER”.
By accessing or using the SITE, YOU (defined below) fully acknowledge that YOU have read and understand the TERMS and PRIVACY POLICY, YOU are agreeing to the TERMS and PRIVACY POLICY and are thus entering into a legally binding agreement with DADDA.
Do not access or use the SITE if YOU are unwilling or unable to be bound by the TERMS and PRIVACY POLICY.
I. DEFINITIONS
1. “WE”, “US”, “OUR”, and “DADDA PARTIES” shall refer to DADDA and its subsidiaries, affiliates, parent companies, representatives, assigns, agents, licensees, shareholders, partners, principals, officers, directors and successors-in-interest.
2. “YOU”, “YOUR”, and all individuals and entities accessing, browsing, crawling, scraping or in any way using or viewing the SITE shall refer to all USERS
3. “SEEKERS” and “PRODUCERS” shall refer to all MEMBERS logged in and using, viewing, and participating on the SITE.
4. “CASE” and “CASES” shall refer to the specific request(s) created by MEMBERS in order to solicit advice, information, or services from other MEMBERS.
5. “FEES”, “PAYMENTS”, and “FUNDS” shall refer to CREDITS which hold an equivalent monetary value of 1 = $1 USD.
II. USE OF THE SITE
1. Eligibility: YOU affirm that YOU are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TERMS, and to abide by and comply with these TERMS. In any case, YOU affirm that YOU are over the age of 13, as the SITE is not intended for children under 13. Individuals under the age of 13 are prohibited from accessing the SITE without verified parental consent furnished to DADDA in accordance with the Children’s Online Privacy Protection Act of 1998, as amended.
2. Permission; Availability: DADDA grants YOU permission to use the SITE subject to the terms, conditions, and restrictions in these TERMS and in the PRIVACY POLICY. YOUR use of the SITE is entirely at YOUR own risk. DADDA reserves the right to modify, update, interrupt, suspend or discontinue the SITE at any time without notice or liability.
3. USER Accounts: YOU must create an account and provide certain information about yourself in order to use features offered through the SITE (see our PRIVACY POLICY for more details). MEMBER accounts are to be used for communicating with or hiring other MEMBERS, posting REVIEWS, creating and managing PROFILES to advertise services, and to connect with other MEMBERS. YOU are responsible for maintaining the confidentiality of YOUR account and password. YOU are also responsible for all activities that occur in connection with YOUR account. YOU agree to immediately notify DADDA of any unauthorized use of YOUR account. DADDA reserves the right to close YOUR account at any time for any or no reason. YOUR account is for YOUR personal use only. No USER may impersonate someone else, create or use an account for anyone other than yourself, create multiple accounts, and provide an e-mail address, credit card number or other information other than YOUR own. If YOU use a pseudonym, take care to note that others may still be able to identify YOU if, for example, YOU include identifying information in YOUR reviews, use the same account information on other sites, or allow other sites to share information about you with DADDA. By creating an account, YOU agree to receive certain communications in connection with the SITE, such as newsletters, announcements, and promotions. YOU can opt out of non-essential communications by contacting DADDA of YOUR intention to do so. Please refer to the PRIVACY POLICY for more information.
4. PROFILES: All MEMBERS will have pre-existing entries on the SITE, listing their name, credentials, certificates, degrees, and other information related to the services being offered. USERS will have the option to create an account and create and manage a PROFILE. Basic information about the MEMBER will be provided by the MEMBER. See our PRIVACY POLICY for more details. All PROFILES and content contained thereon will be subject to these TERMS (particularly the CONTENT provisions and CONTENT GUIDELINES) and PRIVACY POLICY.
5. Purchasing and Withdrawing CREDITS: MEMBERS may, in their sole discretion, opt to purchase and withdraw CREDITS through the SITE. MEMBERS may also transfer credits to other MEMBERS at their sole discretion. CREDIT purchases and withdrawals are processed by PayPal (“PAYPAL). It is a third party on-line credit card payment processing company not affiliated with DADDA. Payments may also be processed by check or money order, or by linking YOUR bank account or credit card information with DADDA in order to receive funds directly from the SITE. By agreeing to these TERMS, YOU are giving DADDA permission to charge your PAYPAL account or other approved methods of payment for fees that you authorize DADDA to satisfy. By using the SITE and thereby accepting these TERMS, all USERS hereby acknowledge that they have read, understand, and accept the applicable Terms of Use and Privacy Policies of PAYPAL.
6. Opening and Resolving CASES: DADDA is a platform for MEMBERS to connect with other MEMBERS in order to obtain advice, information, and/or services. A MEMBER may open a CASE through the SITE by entering certain information on the required fields. In response, other MEMBERS may communicate directly with the MEMBER through a messaging interface within the SITE to discuss the CASE and offer advice, information, and/or services. If a MEMBER accepts another MEMBER’s offer of advice, information, and/or services, the SEEKER on the case will approve the CASE and the PRODUCER on the case will fulfill the needs of the CASE until the CASE is resolved.
7. FEES and PAYMENTS for CASES: CREDITS will be collected and processed as specified in the CASE and agreed upon by the SEEKER and PRODUCER. All CREDITS for open CASES are collected and held by DADDA until a CASE is resolved at which point payment is transferred to the MEMBER(s).
(a) SEEKER’s Fee for Opening a CASE: The SEEKER will be charged a total of two (2) CREDITS for opening a CASE. These CREDITS are held on by DADDA until the CASE is resolved successfully or via a dispute resolution.
(a) PRODUCER’s Fee for a Resolved CASE: The PRODUCER will receive fifty percent (50%) of the CREDITS held on for the CASE when a CASE is resolved successfully or if DADDA awards CREDITS to the PRODUCER through a dispute resolution.
(b) DADDA’s Fee for a Resolved CASE: DADDA will receive fifty percent (50%) of the CREDITS held on for the CASE when a CASE is resolved successfully or through a dispute resolution.
8. Disputes: The SEEKER and PRODUCER of a CASE may initiate a dispute process in the event that a disagreement is reached. The SEEKER and PRODUCER will be given an opportunity to explain their case within twenty-four (24) hours, after which WE will decide on the dispute. WE shall have the full right and authority, in OUR sole discretion, to award CREDITS to a MEMBER.
9. Communication Outside the SITE: WE do not require, block, or prevent MEMBERS from communicating or obtaining and providing services to and from other MEMBERS outside the SITE. MEMBERS may, at YOUR own risk, communicate outside of the SITE. However, WE encourage all MEMBERS to communicate within the SITE through a CASE for YOUR protection in the event of a dispute. Communication by USERS made outside of the SITE constitutes a full waiver of both parties of DADDA’s FEE and dispute resolution protections.
III. CONTENT
The provisions hereunder will govern the content contained on the SITE, particularly the creation and posting of content by the USER (“USER CONTENT” or “YOUR CONTENT”), which will come in the form of REVIEWS and PROFILES.
1. Responsibility for USER CONTENT: The USER alone is responsible for USER CONTENT, and once published, it cannot always be withdrawn. The USER assumes all risks associated with USER CONTENT, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the USER of information in USER CONTENT that makes the USER personally identifiable. YOU represent that YOU own, or have the necessary permissions to use and authorize the use of YOUR CONTENT as described herein. YOU may not state nor imply that YOUR CONTENT is in any way sponsored or endorsed by DADDA. YOU may expose yourself to liability if, for example, YOUR CONTENT contains material that is, without limitation, false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
2. DADDA’S Right to Use YOUR CONTENT: DADDA may use YOUR CONTENT in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“OTHER MEDIA”). As such, YOU hereby irrevocably grant to the DADDA PARTIES the world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use YOUR CONTENT for any purpose. Please note that YOU also irrevocably grant the other USERS of the SITE and any OTHER MEDIA the right to access YOUR CONTENT in connection with their use of the SITE and any OTHER MEDIA. Finally, YOU irrevocably waive, and cause to be waived, against the DADDA PARTIES and its other USERS any claims and assertions of moral rights or attribution with respect to YOUR CONTENT. The term “use” as described in this paragraph shall mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of YOUR CONTENT.
3. Ownership; User License: DADDA owns, operates, licenses, controls, and provides access to the SITE. All past, present and future information, materials, applications, software, all content created by DADDA and other contents of the SITE (or any predecessor websites relating to DADDA properties) are the property of DADDA (the “DADDA CONTENT”) unless otherwise noted and are protected by applicable intellectual property and other laws. All copyrights, trademarks, logos, service marks, trade names, trade dress and other intellectual and proprietary rights throughout the universe are proprietary to DADDA unless otherwise noted and are protected by applicable intellectual property and proprietary laws and other laws in ever jurisdiction. Except as expressly set forth in these TERMS or otherwise expressly granted to YOU in writing by DADDA, no rights (either by implication, estoppel or otherwise) in or to the SITE or their contents are granted to YOU.
The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by YOU, directly or indirectly, of websites, the contents of the SITE, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
Subject to YOUR compliance with these TERMS, DADDA grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
conduct searches on the SITE;
create PROFILES on the SITE;
communicate with other USERS of the SITE;
provide review and commentary regarding USERS on the SITE;
embed and display the contents of the SITE on YOUR own personal website or other non-commercial external websites; and
download the contents of the SITE onto a computer for YOUR personal, non-commercial home or archival use only, provided YOU do not delete or change any copyright, trademark, or other proprietary notices contained therein
4. Advertising: DADDA and its licensees may publicly display advertisements, links and other information anywhere on the SITE, and which may be adjacent to or included with YOUR CONTENT. YOU are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change within DADDA’s sole discretion without specific notice to YOU. Such advertisements, links and information may offer products, services or other resources over which DADDA has no control. YOU acknowledge and agree that DADDA has no responsibility for the accuracy of information provided by or availability of such advertisements and other sites. Links to external sites do not constitute an endorsement by DADDA of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. DADDA does not author, edit or monitor these pages or links. YOU further acknowledge and agree that DADDA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on these other sites or resources.
5. OTHER: USER CONTENT does not necessarily reflect the opinion of DADDA. DADDA reserves the right to remove, screen, edit, or reinstate USER CONTENT from time to time at OUR sole discretion for any reason or no reason, and without notice to YOU. For example, DADDA may remove a review if WE believe it violates the CONTENT GUIDELINES described below. DADDA is under no obligation to retain or provide YOU with copies of YOUR content, nor does DADDA guarantee any confidentiality with respect to YOUR content. If you believe that any content on the SITE violates any of the TERMS, YOU may contact DADDA at support@dadda.com. DADDA cannot guarantee that WE will respond to YOUR message and DADDA reserves the right to take or refrain from taking any or all steps available to DADDA once WE receive any such message.
6. USER CONTENT GUIDELINES: All USER CONTENT shall be objective, unbiased, relevant, based on personal experience and not hearsay, and in strict conformance with the following guidelines (“CONTENT GUIDELINES”), in addition to applicable laws and all other provisions of the TERMS:
(a) USER CONTENT must not be illegal, threatening, hateful, spiteful, obscene, racist, lewd, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, irrelevant or objectionable, and must not consist of or contain software, computer viruses, commercial solicitation, links, political or religious campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising or health or safety code violations.
(b) DADDA utilizes filters to detect profanity, defamation and other inappropriate language, but WE make no warranties, representations or guarantees as to the accuracy or effectiveness of such filters, and the use of such filters shall in no way limit the responsibility of any USER to strictly abide by the CONTENT GUIDELINES or any other provision of these TERMS.
7. Digital Millennium Copyright Act Notice: DADDA respects the intellectual property rights of others and has made every effort to secure appropriate clearances for all proprietary intellectual properties that DADDA directly makes available on the SITE, and WE ask all USERS to do the same. DADDA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of USERS who may be repeat infringers. However, if YOU believe any material on the SITE, either posted by DADDA, a USER or any other party, is infringing, please contact DADDA at the address below. Pursuant to the Digital Millennium Copyright Act (“DMCA”), DADDA has a designated agent to receive copyright infringement claims.
You may notify DADDA of alleged intellectual property rights infringement by contacting OUR designated DMCA Agent at:
Copyright Manager
DADDA LLC
PO BOX 7822
Torrance CA 90504
support@dadda.com
Infringement notices addressed to DADDA need to include the following information so that DADDA can locate the material and properly process the request:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
IV. RESTRICTIONS
DADDA is under no obligation to enforce the TERMS on YOUR behalf against another USER or otherwise. While WE encourage YOU to let us know if YOU believe another USER has violated the TERMS, WE reserve the right to investigate and take appropriate action at OUR sole discretion. In addition to and without limitation of anything contained elsewhere in the TERMS, YOU hereby agree not to, nor shall YOU assist, enable or encourage others to (i) use the SITE for anything other than the PURPOSES; (ii) violate the TERMS or anything contained herein, including, without limitation, the CONTENT GUIDELINES; (iii) violate any applicable laws or regulations; (iv) violate any third party’s rights, including, without limitation, any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (v) threaten, stalk, harm, or harass others, or promote bigotry or discrimination; (vi) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the SITE’s search results or any third party website; (vii) solicit personal information from minors, or submit or transmit pornography; (viii) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the SITE or DADDA CONTENT; (ix) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the SITE or DADDA CONTENT; (x) reverse engineer any portion of the SITE; (xi) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the SITE or on any materials printed or copied from the SITE; (xii) record, process, or mine information about other USERS; (xiii) access, retrieve or index any portion of the SITE for purposes of constructing or populating a searchable database of business reviews; (xiv) reformat or frame any portion of the SITE; (xv) take any action that imposes, or may impose, in DADDA’s sole discretion, an unreasonable or disproportionately large load on DADDA’s technology infrastructure or otherwise make excessive traffic demands of the SITE; (xvi) attempt to gain unauthorized access to the SITE, user accounts, computer systems or networks connected to the SITE through hacking, password mining or any other means; (xvii) use the SITE or any SITE content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; (xviii) use any device, software or routine that interferes with the proper working of the SITE, or otherwise attempt to interfere with the proper working of the SITE; (xix) use the SITE to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the SITE or SITE content; or (xx) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the SITE, features that prevent or restrict the use or copying of SITE content, or features that enforce limitations on the use of the SITE. The restrictions above only apply to the extent permissible under applicable law. Even if permitted by applicable law, YOU agree not to act contrary to them without providing 30 days’ prior written notice to DADDA, together with any information that WE may reasonably require to give US an opportunity to provide alternative remedies or otherwise accommodate YOU at OUR sole discretion.
V. USER WARRANTIES AND REPRESENTATIONS; INDEMNIFICATION
1. REPRESENTATIONS and WARRANTIES:
YOU hereby warrant and represent that (i) YOU have fully, read, understand and accept these TERMS and the PRIVACY POLICY and have the full and unrestricted right, power, authority and capacity to enter into and abide by same; (ii) YOU will not violate any of the provisions of these TERMS; (iii) YOU own or otherwise control all of the rights in and to any and all USER CONTENT submitted by YOU; (iv) all USER CONTENT submitted by YOU is accurate and in strict conformance with the CONTENT GUIDELINES and all other provisions of these TERMS; and (v) that exploitation of such USER CONTENT by the DADDA PARTIES will not violate these TERMS, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). YOU hereby agree to indemnify, hold harmless, and (at DADDA’s request) defend the DADDA PARTIES, and each of them, from and against any and all actual or threatened claims, actions, suits, proceedings, losses, damages, obligations, penalties, injuries, liabilities, costs, expenses (including reasonable attorneys’ fees and court costs) and any amounts paid in settlements resulting from (a) any USER CONTENT submitted by you, (b) any use of the SITE or DADDA’s services by YOU, or (c) any breach or alleged breach by YOU of these TERMS, whether material or non-material.
2. DISCLAIMER OF WARRANTIES:
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, USING THE SITE FOR THE PURPOSES) IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DADDA PARTIES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE SERVICES OFFERED BY PRODUCERS LISTED ON THE SITE, USE OF THE SITE FOR THE PURPOSES OR OTHERWISE, INFORMATION CONTAINED IN ANY PROFILE OR REVIEW, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCE, INTENTIONAL MISCONDUCT AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES, PURPOSES OR FUNCTIONS.
(b) IN ADDITION, THE DADDA PARTIES DO NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, VIEWING OR DOWNLOADING OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL THE DADDA PARTIES BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA OR IN CONNECTION WITH THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
(c) YOU AGREE THAT THE DADDA PARTIES ARE NOT RESPONSIBLE FOR THE ACCESSIBILITY OR UNAVAILABILITY OF ANY PRODUCER (WHICH INCLUDES, BUT IS NOT LIMITED TO, LEGAL PROFESSIONALS AND HEALTH CARE AND WELLNESS PROVIDERS) OR FOR YOUR INTERACTIONS AND DEALINGS WITH THEM. YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST THE DADDA PARTIES RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY PRODUCER (WHICH INCLUDES, BUT IS NOT LIMITED TO LEGAL PROFESSIONALS AND HEALTH CARE AND WELLNESS PROVIDERS), AND RELEASE THE DADDA PARTIES FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH PRODUCERS (WHICH INCLUDES, BUT IS NOT LIMITED TO, LEGAL PROFESSIONALS AND HEALTH CARE AND WELLNESS PROVIDERS). WITHOUT LIMITING THE FOREGOING, YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, THE CONSUMPTION OF PRODUCTS OR SERVICES OF, OR PARTICIPATION IN PROMOTIONS OF, THIRD PARTIES OR PRODUCER FOUND ON OR THROUGH THE USE OF THE SITE AND SERVICES, INCLUDING PAYMENT FOR AND DELIVERY OR FULFILLMENT OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU AGREE THAT THE DADDA PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES OR PRODUCERS ON THE DADDA SITE.
(d) YOU EXPRESSLY UNDERSTAND THAT THE SITE, SERVICES AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. THE DADDA PARTIES DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. DADDA IS NOT A HEALTH OR WELLNESS PROVIDER AND CANNOT RECOMMEND OR REFER YOU TO ANY HEALTH OR WELLNESS PROVIDER. RELIANCE ON ANY INFORMATION PROVIDED BY DADDA, ITS EMPLOYEES AND OTHERS APPEARING ON THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE MAY CONTAIN HEALTH-RELATED MATERIALS THAT ARE SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE YOU SHOULD NOT USE THE SITE. YOU SHOULD BE AWARE THAT IF YOU POST ANY HEALTH-RELATED INFORMATION ABOUT YOURSELF OR ANYONE ELSE ON THE SITE, YOU DO SO AT YOUR OWN RISK. IF YOU POST HEALTH INFORMATION ABOUT SERVICES RENDERED TO ANOTHER INDIVIDUAL, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO RECEIVE HEALTH INFORMATION ABOUT THAT INDIVIDUAL FROM THAT INDIVIDUAL’S HEALTH CARE PROVIDERS AND THAT YOU HAVE THE LEGAL AUTHORITY TO FURTHER DISCLOSE SUCH HEALTH INFORMATION. IF YOU POST HEALTH-RELATED INFORMATION, YOU WILL BE PLACING IT INTO THE PUBLIC DOMAIN, WHICH MAY VIOLATE FEDERAL OR STATE LAWS THAT PROTECT THE PRIVACY OF HEALTH INFORMATION. YOU ALSO ACKNOWLEDGE THAT THE HEALTH CARE OR WELLNESS PROVIDER ABOUT WHOM YOU SUBMIT CONTENT MAY SUBMIT CONTENT THAT CONTAIN YOUR PRIVATE OR CONFIDENTIAL HEALTH INFORMATION IN RESPONSE TO CONTENT YOU SUBMIT. THE DADDA PARTIES ARE NOT LIABLE FOR ANY SUCH CONTENT. THE DADDA PARTIES CANNOT BE EXPECTED TO KEEP YOUR HEALTH INFORMATION CONFIDENTIAL IF YOU POST IT TO THE SITE OR OTHERWISE MAKE IT AVAILABLE TO OTHERS.
(e) YOU EXPRESSLY UNDERSTAND THAT DADDA IS NOT A LAW FIRM. THE DADDA PARTIES DO NOT OFFER LEGAL REPRESENTATION AND DO NOT OFFER ANY LEGAL ADVICE, LEGAL OPINIONS, RECOMMENDATIONS, REFERRALS, OR COUNSELING. PRODUCERS ARE NOT THE EMPLOYEES OR AGENTS OF DADDA. DADDA IS NOT AN ATTORNEY REFERRAL SERVICE OR EMPLOYMENT AGENCY AND DOES NOT SELECT OR ENDORSE ANY INDIVIDUAL PRODUCER TO SERVICE A SEEKER. THE DADDA PARTIES DO NOT MAKE ANY WARRANTY, GUARANTEE, OR REPRESENTATION AS TO THE LEGAL ABILITY, COMPETENCE, QUALITY, OR QUALIFICATIONS OF ANY PRODUCER. DADDA DOES NOT WARRANT OR GUARANTEE THAT PRODUCERS ARE COVERED BY PROFESSIONAL LIABILITY INSURANCE. DADDA ENCOURAGES SEEKERS TO RESEARCH ANY PRODUCER BEFORE ACCEPTING PROFESSIONAL ADVICE. DADDA DOES NOT VOUCH FOR ANY OF ITS USERS AND SIMPLY PROVIDES A PLATFORM ON WHICH THOSE SEEKING ADVICE OR SERVICES MAY COMMUNIATE AND TRANSACT WITH PROFESSIONALS. DADDA DOES NOT ENDORESE ANY OF ITS PRODUCERS AND DOES NOT SANCTION STATEMENTS THAT PRODUCERS MAKE ON THE PLATFORM. DADDA MAKES NO REPRESENTATION CONCERNING THE QUALIFICATIONS OF ANY PRODUCERS. DADDA DOES NOT GUARANTEE RESULTS AND FROM TIME TO TIME SEEKERS MAY SUBMIT REVIEWS OF PRODUCERS AND THESE REVIEWS DO NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF ANY FUTURE LEGAL MATTER. DADDA WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY CONTENT OR LEGAL ADVICE YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY RELIANCE ON USER CONTENT OR LEGAL ADVICE IS SOLELY AT YOUR OWN RISK. USE OF THE SITE DOES NOT CRATE AN ATTORNEY-CLIENT RELATIONSHIP WITH DADDA AND DADDA DOES NOT OFFER LEGAL ADVICE OR SERVICES. ANY USE OF THE SITE IS NOT INTENDED TO, AND DOES NOT, CREATE AN ATTORNEY-CLIENT RELATIONSHIP. ANY COMMUNICATION VIA DADDA MAY NOT BE HELD CONFIDENTIAL AND DADDA IS NOT LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY PRODUCER PERFORMING SERVICES FOR YOU.
(f) YOU UNDERSTAND AND ACKNOWLEDGE THAT USER CONTENT POSTED ON THE SITE INCLUDING BUT NOT LIMITED TO FORUM POSTS AND REVIEWS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, WITH NO ASSURANCE THAT THE USER CONTENT IS TRUE, CORRECT, OR ACCURATE. USER CONTENT IS NOT A SUBSITUTE FOR PROFESSIONAL LEGAL ADVICE OR A SOLICITATION TO OFFER LEGAL ADVICE REGARDING SPECIFIC FACTS. YOU SHOULD NOT DELAY OR FOREGO SEEKING LEGAL ADVICE OR DISREGARD PROFESSIONAL LEGAL ADVICE BASED ON USER CONTENT. DELAY IN SEEKING SUCH LEGAL ADVICE COULD RESULT IN A WAIVER OF ANY CLAIMS YOU MAY HAVE, DEPENDING ON THE APPLICABLE STATUE(S) OF LIMITATION. USER CONTENT IS NOT REGULATED BY ANY STATE OR NATIONAL BAR ASSOCIATION.
3. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE DADDA PARTIES, OR EACH OF THEM, BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, ANY AND ALL DAMAGES ARISING FROM USE OF THE SITE FOR THE PURPOSES OR OTHERWISE, REPUTATIONAL HARM FROM ANY REVIEW, STATEMENT OR OTHERWISE, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND ITS SERVICES, PURPOSES OR FUNCTIONS, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE COST OF ANY GOODS AND/OR SERVICES PURCHASED, OBTAINED, OR MADE AVAILABLE AS A RESULT OF THE USE OF THE SITE, STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, WHETHER CREATED BY DADDA OR ANY USER, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
4. DISTRIBUTION LIMITATIONS AND TERRITORIAL RESTRICTIONS:
The information, services and purposes provided on the SITE are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject DADDA to any registration requirement within such jurisdiction or country. DADDA makes no representation that content and materials in the SITE are appropriate or available for use in other locations. Those who choose to access this SITE from other locations do so on their own initiative and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the SITE shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by DADDA.
VI. MISCELLANEOUS
1. Choice of Law; Forum Selection: These TERMS and the relationship between YOU and DADDA shall be governed by, construed and enforced in accordance with the laws of the State of California and the United States of America, as it is applied to agreements entered into and to be performed entirely within California and without regard to any principles of conflicts of laws. YOU agree that any lawsuit or other action brought by DADDA, YOU or any third party to enforce the TERMS, or in connection with any matters related to this SITE or the PRIVACY POLICY, shall be subject only to the jurisdiction of either the state or federal courts located in the county of Los Angeles, California. YOU and DADDA agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the county of Los Angeles, California.
2. Severability: If any provision of the TERMS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TERMS, YOU and DADDA nevertheless agree that the court should endeavor to give effect to the YOUR and DADDA’s intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions.
3. Waiver: Any delay or failure on the part of DADDA to exercise or enforce any rights under these TERMS to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
4. Statute of Limitations: YOU agree that regardless of any statute or law to the contrary, any claim or cause of action that YOU may have arising out of or related to use of the SITE or these TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Termination: YOU may terminate YOUR account by submitting a termination request to DADDA. DADDA reserves the right to restrict, suspend, deny or terminate access to all or part of the SITE and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TERMS may be referred to law enforcement authorities.
Without limitation of any other termination or suspension rights contained elsewhere in these TERMS, DADDA reserves the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information, content or services available on the SITE and any functionality or features in or on the SITE, including the cessation of all activities associated with the SITE, with or without notice. YOU agree that DADDA shall not be liable to YOU or to any third party for any modification, suspension or discontinuance of the SITE.
6. Translation: At OUR discretion, WE may translate the TERMS and/or PRIVACY POLICY into other languages for YOUR convenience. Nevertheless, the English version shall govern YOUR relationship with DADDA, and any inconsistencies among the different versions will be resolved in favor of the English version.
7. Modification: From time to time, DADDA may modify the TERMS at OUR own discretion and without notice to YOU. YOU understand and agree that YOUR access to or use of the SITE is governed by the TERMS effective at the time of YOUR access to or use of the SITE. If WE make material changes to the TERMS, WE may, at OUR discretion, notify you by e-mail or by posting a notice on the SITE prior to the effective date of the changes. WE may also indicate at the top of this page the date that revisions were last made. YOU are encouraged to revisit the TERMS on a regular basis, as revised versions will be binding on YOU. Any such modification will be effective upon the posting of new TERMS. YOU understand and agree that YOUR continued access to or use of the SITE after the effective date of modifications to the TERMS indicates YOUR acceptance of the modifications.