Terms Of Use – Deedyco

Terms of Use

LAST UPDATED JANUARY 1, 2021

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE ACCESSING OR USING ANY WEBSITE, MOBILE SITE OR ONLINE SERVICE WHERE THESE TERMS OF USE ARE POSTED OR REFERENCED (EACH SUCH WEBSITE, MOBILE SITE AND ONLINE SERVICE, A “DEEDYCO SITE”). BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING A DEEDYCO SITE, YOU UNDERSTAND THAT YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH DEEDYCO, INC. OR ITS AFFILIATE TO WHICH THE APPLICABLE DEEDYCO SITE BELONGS (DEEDYCO, INC. OR SUCH AFFILIATE, AS APPLICABLE “DEEDYCO”) AND ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE DEEDYCO SITE. IF YOUR ACCESS OR USE OF THE DEEDYCO SITE IS ON BEHALF OF A COMPANY, ORGANIZATION OR OTHER LEGAL ENTITY (EACH, A “COMPANY”), YOU HEREBY REPRESENT THAT YOU ARE AUTHORIZED BY SUCH COMPANY TO SO BIND THE COMPANY TO THESE TERMS OF USE, IN WHICH CASE “YOU” OR “YOUR” SHALL REFER TO THE COMPANY. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS, USE OR SUBMIT ANY CONTENT TO THE DEEDYCO SITE.

NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS OF USE INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THE DEEDYCO SITE. PLEASE REFER TO THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION.

Updates and Modifications to Terms. DEEDYCO reserves the right to modify, update, or amend these Terms of Use at any time, at its sole discretion. Any changes will become effective upon posting to the DEEDYCO Site, with the effective date reflected in the “Last Updated” line above. By continuing to use any part of the DEEDYCO Site after a new version of these Terms of Use has been posted, you are accepting and agreeing to the latest version of the Terms of Use. It is your responsibility to review the Terms of Use for updates each time you use the DEEDYCO Site.

Privacy Notice. Please click here to view DEEDYCO’s Privacy Notice, which applies to personal information collected from or provided by you on the DEEDYCO Site.

Intellectual Property. The DEEDYCO Site and all content, information, images, video clips, graphics, software, and other materials featured, displayed, or contained therein (collectively, “Content”) are protected by copyright, trademark, and other similar laws of the United States, as well as international conventions and the laws of other countries. The Content is owned or controlled by DEEDYCO or by other parties that have provided rights thereto to DEEDYCO. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks owned by or licensed to and are proprietary to DEEDYCO or other respective owners. Provided you comply with these Terms of Use, DEEDYCO, as a result of this, grants you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the DEEDYCO Site for your personal, non-commercial purposes or such other purposes expressly permitted by DEEDYCO in writing. Your use of this DEEDYCO Site shall be for lawful purposes only. Further, unless you obtain the prior written consent of DEEDYCO, you may not use any Mark owned or used by DEEDYCO or by their licensors. All rights in the DEEDYCO Site and the Content not expressly granted in these Terms of Use are reserved and retained by DEEDYCO.

Account Creation. To use certain features or functionality of the DEEDYCO Site, you may be required to establish an account with us (an “Account”). You are not permitted to share, sell, distribute or otherwise transfer your account or allow your login credentials to be used by any other individual. You are responsible for all use of your account, regardless of whether you authorized such use, and for ensuring that all use of your account complies with these Terms of Use. It is your responsibility to maintain your username, password, account, and PIN’s confidentiality and security, as may be applicable to the DEEDYCO Site. You agree to notify DEEDYCO of any unauthorized use of your account immediately. DEEDYCO is not liable for any loss or damage from your failure to comply with this section. DEEDYCO may suspend or terminate your account if it has a reasonable belief that it is being used to connect with fraudulent activity. Please note DEEDYCO may, but is not obligated to, monitor your use of the DEEDYCO Site.

User Content. The DEEDYCO Site may allow you to post, upload, transmit through, or otherwise make your content (e.g., feedback, comments, reviews, photos, or other content) available to other users of the DEEDYCO Site (collectively, “Content”).DEEDYCO is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Content. You represent that (a) any User Content you provide is complete and accurate; (b) you own or otherwise control all the rights to such User Content and have the authority to grant rights in such User Content as outlined in these Terms of Use, and (c) such User Content does not violate any provision in these Terms of Use and will not cause injury to any person or entity. DEEDYCO shall not be liable to you for any loss caused by your failure to comply with this section. DEEDYCO shall have the right, but not the obligation, in its sole discretion, to edit, move, delete or remove any User Content made available through the DEEDYCO Site for any reason, including a breach of these Terms of Use or violation of the law. You, however, are solely responsible for any User Content provided by you. You will defend (at DEEDYCO’s option), indemnify and hold harmless DEEDYCO and its officers, directors, contractors, affiliates, business partners, employees, and other representatives (collectively, the “DEEDYCO Indemnitees”) from and against all losses, liabilities, and costs (including reasonable attorneys’ fees) resulting from any User Content you provide in, or through, the DEEDYCO Site.

You now grant DEEDYCO a perpetual, royalty-free, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, modify, publish, transmit, perform, display, sublicense, translate, distribute and create derivative works from any User Content provided by you in, or through, the DEEDYCO Site for any purpose whatsoever, in any form, media or technology now or hereafter known or developed. No credit, approval, or compensation is due to you for any such use of such Content. Please note any User Content submitted by you. It will be treated as non-confidential and non-proprietary as to you, provided that personal information we collect on the DEEDYCO Site will be subject to our Privacy Policy.

Acceptable Use Policy. You shall neither post nor transmit, through the DEEDYCO Site, any information or content that (a) violates or infringes upon the rights of others, including third party intellectual property rights; (b) is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable; (c) may contain political campaigning, chain letters, mass mailings, or any form of “spam;” or (d) is otherwise in violation of any law or regulation. The DEEDYCO Site contains DEEDYCO and its licensors’ proprietary information and the rights to the Content. You may not modify, reproduce, publish, transmit, translate, publicly display, distribute, create derivative works from, or in any way exploit, any feature on the DEEDYCO Site or the Content contained in the DEEDYCO Site, in whole or part, without the written permission of DEEDYCO. Also, you shall not (i) remove from the DEEDYCO Site, or modify, any markings, notices, or proprietary rights of DEEDYCO or its licensors; (ii) attempt to impersonate another individual or otherwise mislead as to the origin of any User Content submitted by you; (iii) make any viruses, spyware, malware, or similar items which are potentially harmful or intended to damage or monitor the use of software, hardware or other equipment or to collect information about users of the DEEDYCO Site (collectively, “Code”) available through or in connection with the DEEDYCO Site; (iv) cause or permit reverse engineering, disassembly or decompilation of the DEEDYCO Site; (v) interfere with or disrupt the operation of the DEEDYCO Site or the systems, servers or networks used to make the DEEDYCO Site available; or (vi) attempt to gain unauthorized access to any DEEDYCO account, systems or network through hacking, password mining or any other means not intentionally made available through the DEEDYCO Site.

Termination/Suspension. DEEDYCO reserves the right to modify or discontinue any aspect of the DEEDYCO Site and to restrict, suspend or terminate your access to the DEEDYCO Site at any time at its sole discretion. Also, DEEDYCO may take appropriate legal action, at its sole discretion, including if it reasonably believes your conduct on the DEEDYCO Site breaches these Terms of Use, violates applicable law, or is harmful to the interests of DEEDYCO or others, with or without notice to you. You may terminate these Terms of Use at any time by permanently discontinuing your use and access to the DEEDYCO Site. In the event of any termination of these Terms of Use, you will continue to be bound by any obligations in terms of use that are understood to survive such termination.

Third-Party Sites. The DEEDYCO Site may contain links to third-party sites or information, including, without limitation, links from advertisers, sponsors, and/or partners that may use a DEEDYCO Mark. DEEDYCO assumes no liability for and makes no representations regarding these third-party sites, including without limitation their content and their operators’ practices. Your access to and use of a third-party site are at your own risk and will be governed by such third party’s terms and policies. The presence of a link to a third-party site is not an endorsement, sponsorship, or recommendation by DEEDYCO of the third party or the content, products, or services contained on, or available through, such third-party site.

Disclaimer of Warranties.

THE DEEDYCO SITE AND ALL CONTENT MADE AVAILABLE THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DEEDYCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE DEEDYCO SITE OR ITS CONTENT, ITS USE, OR THE RESULTS OF SUCH USE. ALL WARRANTIES AND CONDITIONS OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING THIRD PARTY INTELLECTUAL PROPERTY RIGHTS), MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, DEEDYCO DOES NOT WARRANT OR REPRESENT THE OPERATION OF THE DEEDYCO SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WITHIN THE DEEDYCO SITE WILL BE CORRECTED. FURTHERMORE, DEEDYCO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE OF THE DEEDYCO SITE OR ITS CONTENT, OR THAT THE DEEDYCO SITE WILL MEET YOUR REQUIREMENTS.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE ABOVE MENTIONED WARRANTIES, THE DISCLAIMERS ABOVE DO NOT APPLY TO YOU.

Limitation of Liability/Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO APPLICABLE LAWS, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER THE LAWS OF ANY STATE, IN NO EVENT SHALL DEEDYCO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU: (I) WITH RESPECT TO YOUR USE OF THE DEEDYCO SITE, THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE DEEDYCO SITE, OR ANY LOSSES RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DATA LOSS, DEFECTS, MALICIOUS CODE, 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 THE DEEDYCO SITE OR ANY OTHER SYSTEMS OF DEEDYCO; OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR LOST REVENUE OR PROFITS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE DEEDYCO SITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF DEEDYCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DEEDYCO’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, NEITHER PARTY MAY ASSERT ANY CLAIM AGAINST THE OTHER RELATED TO THIS AGREEMENT MORE THAN TWO YEARS AFTER THE OCCURRENCE OF THE EVENT LEADING TO SUCH CLAIM.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE DEEDYCO’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS OF USE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

Indemnification. You agree to defend (at DEEDYCO’s option), indemnify and hold harmless the DEEDYCO Indemnitees from and against all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising from or resulting from your breach of the Terms of Use or any misuse of the DEEDYCO Site. The DEEDYCO Indemnitees reserve the right, at their expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with the DEEDYCO Indemnitees in such defense, if requested by DEEDYCO. You will not settle any claim without the prior written consent of DEEDYCO.

1. Digital Millennium Copyright Act.

A. DEEDYCO respects the intellectual property rights of third parties. You can find our procedures for providing notice of alleged copyright infringement below. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Take Down Notification”), to our Designated Agent, who can be reached as follows:

By mail: DEEDYCO LLC
Attn: LEGAL DEPT

505 W. Hickpochee Ave, Unit 200, Suite 117

Phone: 941-363-1573

By Email: Legal@DEEDYCO.com

ALL INQUIRIES DIRECTED TO THE DESIGNATED DEPARTMENT WHICH ARE NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

Under 17 USC ¤ 512(c), to be effective, the Take-Down Notification must include the following:

A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed is a physical or electronic signature of a person.
Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material claimed to be infringing or to be the subject of infringing activity, which is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DEEDYCO to locate the material.

Information reasonably sufficient to permit DEEDYCO to contact the complaining party, such as an address, telephone number, and, if available, an email address.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. DEEDYCO may request additional information before it removes any infringing material. If a dispute develops as to the correct owner of the rights in question, DEEDYCO reserves the right to remove your content along with that of the alleged infringer pending resolution of the matter.

DEEDYCO will provide you with notice if your materials have been removed based on a third-party complaint of an alleged infringement of the third party’s intellectual property rights.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims!

Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.

Agreement and Class Action Waiver

Mandatory Arbitration. YOU AND DEEDYCO AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE DEEDYCO SITE (each, a “Dispute”) to binding arbitration under the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and DEEDYCO waive the right to a jury trial and any right to have a Dispute heard in court.

In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury. Discovery is more limited than in court, and the arbitrator’s decision is subject to little review by courts. The arbitrator can award the same damages and relief as a court on an individual basis, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA”) will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply. If AAA does not apply those rules, then AAA’s Commercial Arbitration Rules will apply. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and DEEDYCO agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory, and any defense to arbitration), and these Terms of Use, except that a court will resolve any question regarding the validity or enforceability of the class action waiver outlined in Section B of this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.

Class Action Waiver. You and DEEDYCO agree the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
Fees and Costs in Arbitration. The AAA’s rules will govern payment of all filing, administration and arbitrator fees. DEEDYCO will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines frivolous claims.

Non-Arbitration Class Action and Jury Waiver. You and DEEDYCO agree that if for any reason Dispute proceeds in court rather than arbitration: (1) you and DEEDYCO waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor DEEDYCO may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH DEEDYCO THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to DEEDYCO, 505 Hickpochee Ave, Unit 200, Suite 117, LaBelle, FL 33935 Attn: LEGAL. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number, and email address. This procedure is the only way you can opt-out of this Arbitration Agreement. Failure to comply strictly with this procedure and the applicable deadline will automatically render the opt-out notice null and void. If you opt-out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.

International Use/Export. The Content is not intended to be published or made available to any person in any jurisdiction where doing so would violate any applicable laws or regulations. Accordingly, if it is prohibited to make such Content available in your jurisdiction or to you (because of your nationality, residence, or otherwise), it is not directed at you. Before reviewing this DEEDYCO Site, you must be satisfied that doing so will not result in such a violation and is not so prohibited. By proceeding to use this DEEDYCO Site, you confirm that this is not the case.

You acknowledge the Content may be subject to customs, trade sanctions, and export laws and regulations of the United States and other countries. You agree to comply with such laws and regulations in using the DEEDYCO Site and its Content. You may not download, transfer, export, or re-export any Content prohibited under customs, trade sanctions or export control laws, or otherwise, to any territory prohibited under United States trade sanctions regulations, or to any person, entity, or organization designated on the US Treasury Department’s List of Specially Designated Nationals or majority-owned by a person, entity or organization so designated or to any person, entity or organization designated on the US Department of Commerce’s Denied Persons List or Entity List. By Using a DEEDYCO Site or any Content, you represent and warrant you are not located in, under the control of, or a national or resident of any country to which such import, export, or re-export is prohibited under United States trade sanctions regulations or export control laws and you are not a person or entity to which such export is prohibited under United States trade sanctions regulations or export control laws.

Consent to Electronic Communications. These Terms of Use and any other documentation, agreements, notices, or communications between you and DEEDYCO may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Miscellaneous. These Terms of Use and any other terms and conditions expressly incorporated by reference herein represent the entire agreement between you and DEEDYCO with respect to the subject matter contained in terms of Use and supersede all previous written or oral agreements between the parties with respect to such subject matter. You may not assign any of your rights or obligations under the Terms of Use without the prior written consent of DEEDYCO. Suppose any provision herein is judicially interpreted or held to be void or otherwise unenforceable as written. In that case, such provision will be deemed to be revised and modified to the extent necessary to make it legally enforceable. In any event, the remaining terms of the Terms of Use will be enforceable as though the void or unenforceable provision did not exist. No delay or omission by DEEDYCO to exercise any right it has under the Terms of Use will impair or be construed as a waiver of such right. These Terms of Use and your use of the DEEDYCO Site shall be governed by the Federal Arbitration Act and the State of Delaware laws, without regard to conflict of laws principles. If the Arbitration Agreement above is deemed unenforceable or void, or if you opt-out of such Arbitration Agreement in accordance with the process set forth therein, you irrevocably consent to the exclusive jurisdiction of the federal and state courts sitting in the State of Delaware, for purposes of any legal action arising out of or related to the use of the DEEDYCO Site or these Terms of Use.

Contact Us. If you have any questions, complaints, or need to notify us, please contact us using the details provided under the “Contact Us” link.