Terms of Service
Doorhash Terms of Service
INTRODUCTION
THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND DOORHASH TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Acceptance Of This Agreement
By using, accessing, or downloading the Doorhash Platform (defined below under the section entitled “The Doorhash Platform”), you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use the Doorhash Platform.
In addition to reviewing this Agreement, please review the Doorhash Privacy Policy (“Privacy Policy”), the Doorhash Card Present Payment Terms, the Doorhash Online Payment Terms, the Shipping Terms, the Referral Program Rules (“Program Rules”) and, to the extent you are, or in the future become a Driver, the Doorhash Driver App Terms of Service (“Driver App Terms”) (collectively, the “Doorhash Terms”) each of which are incorporated by reference herein. If you do not agree to abide by the Doorhash Terms, you automatically opt out of and are prohibited from using the Doorhash Platform. If you violate the provisions of the Doorhash Terms, Doorhash may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Doorhash Platform in whole or in part. By continuing to use the Doorhash Platform, you agree to the Doorhash Terms and any future amendments and additions to the Doorhash Terms as published from time to time through the Doorhash Platform.
Amendments To This Agreement
Doorhash may, in its sole discretion, modify or update this Agreement, or any policies relating to the Doorhash Platform, from time to time. Please review this page periodically to ensure you are up-to-date with any changes. Any changes to this Agreement or associated policies will be published through the Doorhash Platform, and are effective upon the publishing of said modification or update. If we make material changes to this Agreement, we will notify you via the email address associated with your Account or by posting a notice on the Doorhash Platform. Continued use of the Doorhash Platform after any such changes shall constitute your acceptance of such changes.
Terminology
THE DOORHASH PLATFORM
Your use of the “Doorhash Platform” consists of the Application and the Service. You may access the services Doorhash provides through the Doorhash website located at Doorhash.la, Driver mobile applications for iOS and Android mobile operating systems (the “Driver App”), Consumer mobile applications for iOS and Android, and any other websites, applications, programs, or tools provided, owned, or operated by Doorhash (collectively, the “Application”). Use of the Application may include ordering and receiving medical or adult-use cannabis and cannabis accessories via on-demand delivery from licensed Retailers (“Delivery Services”), providing Delivery Services as an employee or independent contractor of a licensed Retailer (“Driver”), or any other services provided or facilitated by Doorhash including, without limitation, lead generation, logistical support, and customer engagement (collectively, the “Service”). Together, the Service and the Application are known as the Doorhash Platform.
DISCLAIMERS & ACKNOWLEDGMENTS
Doorhash Is A Technology Platform
Acknowledgment of Federal Law
Acknowledgment of State Law
Acknowledgment of the Laws of Your Location
Health Information
USING THE DOORHASH PLATFORM
Your User Account
In order to use most aspects of the Doorhash Platform, Consumers and Drivers (collectively “Users”) must register for and maintain an active personal User account (“Account”). Account registration requires you to submit to Doorhash certain information related to you that Doorhash collects from you, through your use of the Doorhash Platform, and from third parties as detailed in the Privacy Policy (“User Data”). To register an Account, you may be required to submit User Data, including personally identifiable information (“PII”) such as your name, phone number, email address, date of birth, or government-issued ID (i.e. driver’s license, state ID card, or passport). You grant Doorhash permission to collect and maintain your User Data, and to disclose the User Data you provide to third parties for verification purposes and to facilitate your use of the Doorhash Platform as detailed in the Privacy Policy or any “just-in-time” disclosures describing our data collection, use, and sharing practices of specific parts of our Doorhash Platform. A “just-in-time” notice may provide more information about our privacy practices, or provide you with additional choices about how we process your PII and/or User Data.
You agree to maintain accurate, complete, and up-to-date information in your Account and that we and others may rely on your information as accurate, current, and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Service.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Doorhash in writing, you may only possess one Account.
Your participation in using the Doorhash Platform is for your sole, personal use. You agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from the Doorhash Platform. You are responsible for the use of your Account and Doorhash expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access to your Account or any other breach of security, you agree to notify us immediately.
Doorhash reserves the right, in its sole discretion, to set the requirements for, or to suspend, disable, deny access to, or disallow the registration of your Account for any reason. If you believe your inability to access your Account or the Doorhash Platform has been made in error, please contact our Customer Support team. You acknowledge and agree that Doorhash shall not be liable to you or any third party for any termination of your access to the Doorhash Platform. The terms and conditions of this Agreement and the Doorhash Terms shall survive and endure beyond any termination, deletion, or suspension of your Account, or if you cease using the Doorhash Platform.
If you wish to terminate, delete, suspend, or otherwise disable your Account or use of the Doorhash Platform, please contact Customer Support. By registering for an Account, you acknowledge and agree that Doorhash must maintain certain User Data, including PII, for business, legal, and/or operational purposes, including to prevent account abuse, or as otherwise permitted under applicable law. Any remaining PII not necessary for this task will be deleted from your Account in a reasonable amount of time following the request. For further information on our privacy practices and how we handle your User Data, please review the Privacy Policy.
Age Restrictions
Doorhash Communications
By entering into this Agreement or using the Doorhash Platform, you expressly consent and agree to accept and receive communications from Doorhash and/or Retailers (including Drivers) that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Doorhash.
By consenting to being contacted, you understand and agree that you may receive communications (including those generated by automatic telephone dialing systems and/or which will deliver pre recorded messages) sent by or on behalf of Doorhash, and/or Retailers (or their Drivers), including but not limited to: operational or transactional communications concerning your Account or use of the Doorhash Platform; updates concerning new or existing features of the Doorhash Platform; communications concerning Promotions (defined below) run by Doorhash, Retailers or third parties; and news or industry developments concerning Doorhash, Retailers, or third parties. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM DOORHASH’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL. IF YOU WISH TO OPT OUT OF PUSH NOTIFICATIONS YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE DOORHASH PLATFORM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM DOORHASH (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT CUSTOMER SUPPORT BY VISITING Doorhash.la@gmail.com. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE DOORHASH PLATFORM.
Electronic Records & Signatures
You agree that your electronic signature on the Doorhash Platform is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by Doorhash regarding your Account and the Doorhash Platform electronically (collectively, “Electronic Communications”). We may provide these Electronic Communications to you via the Doorhash Platform, email, text message, push notification, chat, customer support, or other electronic communications.
In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:
- A device with an Internet connection
- A current web browser with cookies enabled
- A valid email address
- Storage space to save past Electronic Communications on your device or an installed printer to print Electronic Communications
In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree Doorhash will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings, or by contacting Customer Support.
You can withdraw your consent to receive Electronic Communications at any time by sending us an email with the subject line “Withdrawing E-Sign Consent” to Doorhash.la@gmail.com. However, if you withdraw your consent to receive Electronic Communications, Doorhash reserves the right to immediately close your Account as we may be unable to properly facilitate your legal use of the Doorhash Platform.
Charges, Billing, & Refunds
You understand and acknowledge that you may incur fees or charges from Doorhash, Retailers, or other third parties in connection with the goods and services purchased or facilitated through the Doorhash Platform (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:
- Retail Price. The “Retail Price” of goods and accessories are displayed with that item on the Doorhash Platform. The displayed Retail Price may include discounts, promotions, and price reductions at the sole discretion of Doorhash. At checkout, the combined Retail Price of goods and accessories is the subtotal of an order as shown in your cart.
- State Taxes. Retailers charge applicable “State Taxes,” such as cannabis excise taxes, on sales of goods and accessories based on the state of your location, pursuant to state laws and regulations.
- Local Taxes. Retailers charge applicable “Local Taxes” on sales of cannabis goods and accessories. Local Taxes may be based on the city, county, municipality, or other jurisdictional location of your delivery address, the Retailer fulfilling your order, or both, pursuant to local laws and regulations.
- Sales Tax. Retailers charge applicable “Sales Tax” on all sales of goods and accessories. Sales tax may be based on the state, city, county, municipality, or other jurisdictional location of your delivery address, the Retailer fulfilling your order, or both, pursuant to applicable laws and regulations.
- Other Taxes. You may be charged additional taxes based on applicable laws and regulations. Such taxes may vary depending on the laws and regulations in place at the time of your purchase.
- Delivery Fee. You may be charged a “Delivery Fee” for each order you place.
- Cancellation Fee. After placing an order, you may cancel it through the Application, but you may be charged a “Cancellation Fee” in certain circumstances. You may also be charged if the Driver completing your order is unable to reach you to complete delivery.
- Service Fee. In some instances, you may be charged a “Service Fee” for some orders. A description for any applicable Service Fee will be available at checkout.
- Trust and Safety Fee. In some instances, you may be charged a “Trust and Safety Fee” for some orders. This fee, if applied, is collected to promote the safe and reliable operation of Retailers and their Drivers.
- Tips. You may elect to “Tip” your Driver in cash or through the Doorhash Platform where available.
- Other Fees. Additional fees and charges may apply to your orders as determined by Doorhash, the Retailers, and/or third parties with whom you transact. The description of any such fees will be available at checkout. Your bank may also charge additional fees.
Doorhash may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on the Doorhash Platform may not accurately reflect pricing. Doorhash may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the Doorhash Platform.
You may receive Promotions (defined below) or Referral Codes (defined below) that you can apply toward payment of certain Charges. Promotions or Referral Codes are only valid for use on the Doorhash Platform, and are not transferable or redeemable for cash except as required by law. Additional restrictions on Promotions or Referral Codes may apply as communicated to you in a relevant promotion.
All Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Doorhash Platform, Doorhash’s decision to terminate your usage, any disruption to the Doorhash Platform, or any other reason whatsoever. If you are dissatisfied with any of the Products you receive, please contact Customer Support.
A third-party payment processor (“Payment Vendor”) may bill your purchase of Products purchased through the Doorhash Platform. Payment Vendor services may require you to visit, enter information into, or create an account with the Payment Vendor’s application, website, or platform, separate and distinct from the Doorhash Platform. By entering your payment, banking, or other billing information, you authorize Doorhash to send that information to or through the applicable Payment Vendor to charge your form of payment. The processing of payments, authorizations, holds, credits, and refunds will be subject to the terms and conditions and privacy policy of the Payment Vendor. If you do not wish you utilize the services of a Payment Vendor, you may pay for Products in cash.
Third-Party Providers
During your use of the Doorhash Platform, you may purchase goods and/or services from, correspond with, participate in the promotions of, or otherwise utilize third parties facilitating their business through the Doorhash Platform, including without limitation, (i) Retailers; (ii) manufacturers, cultivators, distributors, microbusinesses, or licensors who sell Products to, through, and/or as Retailers (“Brands”); (iii) advertisers, business partners, or affiliates; (iv) Payment Vendors; and (v) the respective employees of each of the preceding (“Third-Party Providers”). You agree and acknowledge that Doorhash is not a party to any transaction you enter into with any Third-Party Provider, unless otherwise indicated in this Agreement. Any such activity, and any terms, conditions, warranties, or representations associated with such activity is solely between you and the applicable Third-Party Provider. Doorhash and its licensors shall have no liability, obligation or responsibility for any such purchase, correspondence, promotion, or transaction between you and any Third-Party Provider. In no event shall Doorhash or its licensors be responsible for any content, products, services, or other materials on or available from Third-Party Providers.
Doorhash does not endorse any third-party advertisements, links, promotions, or websites linked through the Doorhash Platform, and in no event shall Doorhash or its licensors be responsible for any content, products, services or other materials on or available from such sites or Third-Party Providers. Certain Third-Party Providers may require you to agree to additional or different terms and conditions prior to your use of or access to their goods and/or services. Doorhash disclaims any and all responsibility or liability arising from such agreements between you and the Third-Party Providers.
Doorhash may make available materials by Third-Party Providers, such as their opinions, advice, statements, offers, other information or content concerning Doorhash or other materials made available through the Doorhash Platform (“Third-Party Materials”). Such Third-Party Materials are not provided by Doorhash and Doorhash is not responsible for the content of Third-Party Materials. The authors of the Third-Party Materials are solely responsible for such content. Doorhash disclaims responsibility for any loss or damage resulting from your reliance on information or other content posted by Third-Party Providers, whether on the Doorhash Platform or otherwise. We reserve the right, without any obligation, to monitor, remove or suspend any Third-Party Materials posted on the Doorhash Platform and remove any such material that, in our sole opinion, violates or is alleged to violate: (i) the law; (ii) this Agreement; (iii) the rights, or threatens to harm the safety or rights of Users or others.
The Doorhash Platform may contain third-party advertising and marketing. By agreeing to this Agreement, you agree to receive such advertising and marketing. Doorhash disclaims responsibility for any loss or damage resulting from or related to such advertising and/or marketing.
Product Descriptions
Doorhash attempts to be as accurate as possible in Product descriptions or images for Products available through the Doorhash Platform. However, Doorhash is not a Brand and does not itself package, test, or label the Products available on the Platform. Doorhash does not warrant that Product descriptions, images, or other Content (defined below) available on the Doorhash Platform is accurate, complete, reliable, current, or error-free.
You acknowledge and agree that Amounts (defined below) in Product descriptions on the Doorhash Platform are averages or estimates, and that Amounts may vary for individual items, packages, or orders that you receive. Amounts on the Doorhash Platform include without limitation the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a Product, the total weight, mass, or volume of a Product, the size, number of individual items, or servings, in a Product, and any other unit of measurement related to a Product.
Promotions
Doorhash may, in its sole discretion, make available certain promotions or offers, which may at times be redeemed by entering promotional codes, that may confer discounts, price reductions, features, benefits, related to the Service, subject to any additional terms that Doorhash establishes (“Promotions”). Promotions may be offered by Doorhash, Retailers, Brands, or other Third-Party Providers on the Doorhash Platform. Each Promotion is a limited time offer and is valid only for the time specified therein. Unless otherwise specified on the Promotion itself, you may only use one Promotion per Account, per day.
Each Promotion (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other offers unless otherwise permitted by Doorhash; (iii) may only apply to qualifying items and may require a minimum dollar order purchase; (iv) may be modified, disabled, or withdrawn by Doorhash at any time for any reason or no reason without liability to Doorhash; (v) is not valid for cash or credit, has no monetary value, and cannot be applied after an order is submitted; (vi) may expire prior to your use; and (vii) is void where prohibited by law. If you violate any of the Promotion terms, the Promotion will be invalid.
Doorhash, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any Users or groups of Users determined solely by Doorhash. These Promotions, unless made to you, shall have no bearing whatsoever on your use of Doorhash, or any Promotions offered to you.
Unless otherwise indicated by Doorhash, Promotions do not apply to taxes, fees, or any Charges other than Retail Price. Taxes and fees may apply to the full value of Products subsequently reduced in price by a Promotion.
Referral Codes
Doorhash may, in its sole discretion, create referral links or codes (“Referral Codes”) that may be redeemed for discounts on future Services, or other features or benefits related to the Service, subject to any additional terms that Doorhash establishes. You agree that Referral Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold, or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other referral codes, promotional codes or other promotions, discounts, coupons, or any other Doorhash offers, unless in each case expressly permitted by Doorhash; (iii) may be disabled or withdrawn by Doorhash at any time for any reason or no reason without liability to Doorhash; (iv) may only be used pursuant to the specific terms set forth in the Program Rules; (v) are not valid for cash or credit; and (vi) may expire prior to your use. Doorhash reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Referral Codes by you or any other User in Doorhash’s sole discretion, including, without limitation, in the event that Doorhash determines or believes that the use of the referral system or use or redemption of the Referral Code was in error, fraudulent, illegal, or otherwise in violation of the Program Rules. The Program Rules are incorporated herein by reference. Please refer to them for the full terms and conditions applicable to your use of Referral Codes.
Mobile Data Fees & Usage
PRIVACY & CONFIDENTIALITY
Confidential Information
User Privacy
Doorhash may collect User Data as detailed in the Privacy Policy. By entering into this Agreement, you affirmatively agree to Doorhash’s collection, use, and sharing of your information and data as described in the Privacy Policy and any subsequent and future updates thereto. You understand that Doorhash may retain your User Data for business, legal, regulatory, safety, and other purposes after this Agreement is terminated, and agree to Doorhash’s use of your User Data.
Restricted Activities
With respect to your use of the Doorhash Platform, you agree you will not:
- Impersonate any person or entity
- Stalk, threaten, or otherwise harass any person, or carry any weapons
- Violate any law, statute, rule, permit, ordinance, or regulation
- Post, email, upload, deploy, send, or otherwise make available (“Transmit”) any text, graphics, images, music, software, audio, video, code, files, programs, information or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, hateful, violent, pornographic, defamatory, libelous, invasive of another’s privacy, harmful to minors in any way, or otherwise offensive
- Transmit any Content that advertises any illegal service or the sale of any items which are prohibited by the laws of your state of location, or any other jurisdiction of your location
- Access the Doorhash Platform using unauthorized means, unauthorized applications, or an unauthorized device; or Transmit any Content that attempts to gain unauthorized access to Doorhash’s computer systems, networks, servers, software, hardware, telecommunications equipment, or any other internal or external Doorhash infrastructure (the “Doorhash Network”)
- Interfere with, disrupt, diminish the quality or performance of, or impair the functionality of the Doorhash Platform or the Doorhash Network, or Transmit any Content designed to do the same
- Surreptitiously intercept or expropriate any system, data, personal information, or any portion of the Doorhash Network or the Doorhash Platform
- Use the Doorhash Platform in any way that infringes Doorhash’s or a third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
- Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Doorhash Platform or the Doorhash Network
- Rent lease, lend, sell, redistribute, license or sublicense the Doorhash Platform or access to any portion of the Doorhash Platform
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, crawl, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Doorhash Platform or its contents
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Doorhash Platform
- “Frame” or “mirror” any part of the Doorhash Platform without Doorhash’s prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose
- Use the Doorhash Platform to design or develop a competitive or substantially similar product or service
- Use the Doorhash Platform to copy or extract any features, functionality, or Content
- Link directly or indirectly to any other websites
- Transfer or sell your Account, password, username, or identification to any other party
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
LICENSING AND INTELLECTUAL PROPERTY
Limited License Granted By Doorhash
Subject to your compliance with the terms and conditions of this Agreement, Doorhash hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Doorhash Platform only as permitted by its functionality. This license permits you to download and install a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use. This license extends to the Driver App only to the extent that and during the time in which you are employed or contracted by a Retailer, and have agreed to the Driver App Terms. Doorhash may terminate this license at any time for any reason or no reason.
You will not use, copy, adapt, modify, prepare derivative works based upon, reverse engineer, decompile, disassemble, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Doorhash Platform, Content, or Confidential Information, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Doorhash or its licensors, except for the licenses and rights expressly granted in this Agreement.
Furthermore, with respect to any form of the Application accessed through or downloaded from the Apple App Store, Android Market, Google Play Store, Amazon App Store, BlackBerry App World, Samsung Apps Store, Nokia OVI store, Windows Marketplace for Mobile, or any online marketplace, you will use that version of the Application as permitted by any “Usage Rules” set forth in the respective third-party terms of service or use applicable to the such version of the Application. Doorhash disclaims any and all responsibility or liability arising from such agreements between you and such third parties. Doorhash reserves all rights in and to the Doorhash Platform not expressly granted to you under this Agreement.
License Granted By User
The Doorhash Platform may allow you to post or submit feedback, comments, questions, and other content or information that a User submits, posts, uploads, or otherwise makes available on or through the Doorhash Platform (“User Content”). You are solely responsible for, and the sole owner of the User Content that you upload, publish, display, link to, or otherwise make available on the Doorhash Platform, and agree Doorhash is acting only as an interactive computer service for your publication of such User Content.
By making available any User Content, you hereby grant Doorhash a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license, with the right to sublicense through multiple tiers, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, distribute, broadcast and otherwise exploit such User Content in any media or format, or to prepare derivative works or incorporate into other works such User Content in any media or format.
Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you do not acquire any rights to any research or commercial products that may be developed by Doorhash or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through or to the Doorhash Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available or you have all rights, licenses, consents and releases that are necessary to grant Doorhash the above license to such User Content; and (ii) neither the User Content itself, you making it available, or Doorhash’s use of the User Content will infringe, misappropriate or violate any third party rights, including, without limitation, any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Doorhash reserves the right, but is not obligated, to review, monitor, reject or remove any User Content, at Doorhash’s sole discretion at any time and for any reason, without notice to you.
Intellectual Property Ownership
Doorhash (and its licensors where applicable) owns all intellectual property rights in and related to the Doorhash Platform absolutely and in their entirety. You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you relating to the Doorhash Platform are non-confidential and shall become the sole property of Doorhash. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Doorhash Platform, or any intellectual property rights owned by Doorhash. Any trademarks, logos, service marks, company or product names displayed through the Doorhash Platform are trademarks of Doorhash or third parties, and no right or license is granted to use them.
Other than as specifically permitted by Doorhash, you are not permitted to use or reference in any manner Doorhash’s, its Brand and Retail partners, or any of their licensors’ company names, logos, product and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the “Doorhash Marks and Names”) for any commercial purposes.
You agree that you will not: (i) try to register or otherwise use and/or claim ownership in any of the Doorhash Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services; (ii) take any other action that would jeopardize or impair Doorhash’s rights as owner of the Doorhash Marks and Names or the legality and/or enforceability of the Doorhash Marks and Names, including, challenging or opposing Doorhash’s ownership in the Doorhash Marks and Names; or (iii) use the Doorhash Marks or Names on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation or standard. Violation of this license may result in immediate termination of your license, at the sole discretion of Doorhash.
DISPUTE RESOLUTION
Agreement to Arbitrate
YOU AND DOORHASH MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION
This will prohibit you from bringing any class, collective, or consolidated action against Doorhash, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Doorhash by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.
Prohibition Of Class Actions And Non-individualized Relief
Arbitration Rules And Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and Doorhash’s intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location And Procedure
Arbitrator’s Decision
Fees
Severability
Changes
MISCELLANEOUS
Indemnification
Disclaimer Of Warranties
Delays
Limitation Of Liability
Notice
Doorhash is committed to transparency and will provide you with a copy of your data upon request. To obtain a copy of your data, please navigate to your Account Settings page and click on “Request My Data.” The data provided to you is limited to the data collected in the last 12 months and does not include job applicant data. We reserve the right to refuse any request for data that is unfounded, excessive, or otherwise unreasonable in our sole discretion.
Assignment
This Agreement may not be assigned by you without the prior written approval of Doorhash but may be assigned without your consent by Doorhash to: (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes Doorhash’s rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Doorhash Platform nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Doorhash Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.In addition, we may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific parts of the Doorhash Platform. These notices may provide more information about our privacy practices, or provide you with additional choices about how we process your personal information.
Term For Cause Of Action
You and Doorhash agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Doorhash Platform or the Doorhash Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.
In addition, we may provide you with “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific parts of the Doorhash Platform. These notices may provide more information about our privacy practices, or provide you with additional choices about how we process your personal information.
GENERAL
No joint venture, partnership, employment, or agency relationship exists between you, Doorhash, or any third party as a result of this Agreement or use of the Doorhash Platform. If any provision of the Agreement is held to be invalid or unenforceable, you and Doorhash agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Doorhash to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Doorhash in writing.
This Agreement (including the Doorhash Terms) constitutes the entire agreement between you and Doorhash and governs your use of the Doorhash Platform, superseding any prior agreements between you and Doorhash. This Agreement and the relationship between you and Doorhash shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event that either you or Doorhash commence a court action, any such action shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you and Doorhash both submit to personal jurisdiction there. The section titles or headings in this Agreement are for convenience only and have no legal or contractual 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.