LAST UPDATE JUNE 8, 2022
NOTICE: PLEASE REVIEW THIS CAREFULLY. These terms impact your legal rights and they contain, among other provisions: a class action and class arbitration waiver; a venue and choice of law provision; and an arbitration agreement.
“You” means any registered or unregistered user of www.doorsey.com or associated software platforms or applications.
“We” or “us” means Doorsey, Inc. the legal entity and its officers, owners, employees, agents, lawyers, accountants, successors, assigns, affiliates, and third-party beneficiaries of this agreement.
“Services'' mean how Doorsey, through its various online or application platforms, connects those offering homes for sale (“Sellers”) through the use of multiple listing services or otherwise and those looking to acquire homes (“Buyers”) and facilitates the offer/counteroffer process between the parties and their respective agents. The Services act as a meeting place only where the Seller’s terms are disclosed and prospective buyers price bids are aggregated in an open forum for the benefit of all parties. In this regard, any and all Users expressly agree that their price bids shall be shared with any and all other Users or visitors to the site. Submission of price bids does not constitute a legally enforceable contract.. The actual contract for the purchase and sale of real property is directly handled between the Seller and the Buyer. Doorsey shall not be considered a party to the Purchase and Sale Agreement between Buyer and Seller. Likewise, Doorsey does not prepare any memoranda of sale, letters of intent, or purchase and sale agreements for Properties. We do not transfer legal ownership of items from the Seller to the Buyer. We do not prepare any type of deeds on behalf of Buyer or Seller; nor does Doorsey prepare real estate excise tax affidavits, if applicable in the State where the Real Property exists. Please consult your legal counsel, certified public accountant, or financial advisor for advice on the same. Likewise, Doorsey does not provide real estate, tax, financial planning, or legal advice. Doorsey's services are not that of an auctioneer. Doorsey does not call bids or receive them. Real estate agents use the platform on behalf of their clients to transmit live price bids and receive feedback. Doorsey does not have any agency to bind a Seller to a certain price.
“Buyer’s Agent” means the Buyer’s representative who is (1) a licensed real estate agent in the state in which the Property is located; and (2) assisting the Buyer in buying a home(s) on Doorsey by virtue of an exclusive buyer’s agreement or similar agreement. Doorsey requires all Buyer’s to be represented by Agents.
“Seller’s Agent” means the Seller’s representative who is (1) a licensed real estate agent in the state in which the Property is located; and (2) is assisting the Seller who is selling the Property (through use of Doorsey's services) by virtue of an exclusive listing agreement or similar agreement with Seller that is valid in the State in which the Selling Agent is licensed and the property is located.
“Inspector” or “Third Party Inspector” means the individual or entity who performs a superficial inspection of the Property through typical or ordinary means in the residential home inspection industry in the state in which the Property is located. The Inspector or Third-Party Inspector is not an employee, agent, officer, or owner of Doorsey, Inc. Doorsey disclaims any and all liability for damages caused by Inspector.
“Inspection report” or “Third-Party Inspection Report” means a written report on the general state of the Property that is prepared by the Third-Party Inspector and made available for general information purposes for users of Doorsey's services. As set forth herein, the Inspector or Third-Party Inspector is not an employee, agent, officer, or owner of Doorsey, Inc. Doorsey disclaims any and all liability for damages caused by Inspector or due to users’ reliance on the Inspection Report.
“Listing Price” means the initial price that the Property is being offered for sale by the Seller on a local MLS. Doorsey is not a “listing” service.
“The Property” means the Real Property listed for sale that is owned by the Seller. (See Seller’s representations and warranties regarding ownership for additional information).
Doorsey Makes No Representations or Warranties Regarding Any Specific Property.
Doorsey is only responsible for connecting Buyer(s) and Buying Agents, Seller(s) and Sellers’ Agents and providing a platform to aggregate all price bids submitted for a listed property in an open forum. Buyers are responsible for making their own determinations that the Seller’s home is suitable in all respects for their needs. Doorsey cannot and will not be responsible for confirming that any home is up to a certain subjective or objective standard of quality, factually or legally. Doorsey can’t and won’t be responsible for ensuring that information a Seller (or Seller’s Agent) provides about any Property he or she is placing on Doorsey is accurate or up to date.
Doorsey makes no warranties regarding the fitness of any particular Property that is on the site. In this regard, Doorsey hereby disclaims any responsibility and liability for the Seller’s home, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. Doorsey cannot and will not be responsible for ensuring that information any Buyer or Seller provides about each other is accurate or up-to-date.
Disclaimers And Limitations Of Liability With Regard To The Inspection Report.
As a general goodwill courtesy to the Parties, Doorsey enlists the services of third-party inspectors to provide a preliminary and general inspection report in an attempt to provide the Buyer (or potential Buyers) with limited information about the Property in addition to the 3D tour and pictures and related information that is provided by the Seller and/or Selling Agent. This Inspection Report is provided solely as a courtesy to the Buyer. In the event there is any discrepancy or inaccuracy between the Inspection Report and the physical condition of the Property, then Buyer and Seller and their respective agents, successors, and assigns agree to waive any and all legal claims arising therefrom against Doorsey, Inc. Rather, Buyer and Seller and their respective agents, successors, and assigns hereby agree that any claims for damages (or injunctive relief) related to the Inspection Report may only be maintained against the third-party inspector.
As such, You hereby agree that Doorsey disclaims, and User waives, any claims and damages arising from the failures, errors or delays of the Third-Party Inspector in connection with the provision of the Third-Party Inspection Report provided in connection with the Services under this Agreement and the Doorsey platform. DOORSEY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE INSPECTOR’S CAPACITY OR THE THIRD-PARTY INSPECTION REPORT, INCLUDING BUT NOT LIMITED TO, IMPLIED CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR MERCHANTABILITY. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO BIND THE COMPANY TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY EXCEPT AN AUTHORIZED OFFICER OF THE COMPANY PURSUANT TO A SIGNED WRITTEN AGREEMENT.
Term of Sales Period
The “Sales Period” is the time in which the Seller and Seller’s Agent have agreed to use Doorsey's services in an attempt to obtain an acceptable offer from a Buyer. Parties’ Representations About Post-Doorsey Transaction.
Doorsey cannot and will not control the parties’ conduct after the bidding period has closed. Doorsey is only responsible for connecting buyers and sellers and providing an open platform to aggregate and summarize all price bids submitted for a listed property. Indeed, Doorsey is not an agent for either the Buyer or the Seller; Doorsey does not directly offer the Seller’s Property for sale; and Doorsey (nor its officers, agents, employees, accountants, lawyers, successors, or assigns) is not a real estate agent as that term is defined under applicable state law. Any obligations for disclosures, warranties, etc. remain with the Seller and Seller’s Agent and do not transfer or extend to Doorsey. Each Seller and Buyer agrees they’ll make all appropriate and reasonable efforts to complete the sale of their home if there is a Buyer who makes a bid as to price that may be acceptable to Seller. Buyer and Seller are responsible for any and all applicable government fees and taxes for any subsequent home sales. Doorsey cannot and will not prepare memoranda of sale, letters of intent, or purchase and sale agreements for the Parties.
The parties understand that bids made through the Doorsey platform do not constitute valid legal offers to purchase real estate, which typically must be in a certain form, in writing, contain specific information, and signed by both parties to be enforceable (depending on the jurisdiction of the parties and the property).
Will these Terms ever change?
Doorsey reserves the right, at its sole discretion, to modify, discontinue, or terminate the site or services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification via text or electronic mail or website notification or similar means of communication. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the site or services after we have posted a modification on the site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the site and services.
What about my privacy?
The site and services are intended solely for persons who are 18 or older. Any access to or use of the site or services by anyone under 18 is expressly prohibited. By accessing or using the site or services you represent and warrant that you are 18 or older.
We do not collect information from children under 13. If we discover we have, we will delete it. We follow all applicable legislation (e.g., The Children's Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, “COPPA,” and other applicable legislation).
What are the basics of using Doorsey platform (or services)?
- Create an account;
- Provide accurate information;
- Agree they are legally allowed to register as a user and enter into agreements and contracts;
- Provide confirmation of factual and legal authority in the event the user is representing an organization;
- Agree they are acting on their own accord and not representing another person(s) who would otherwise be able to register as a user;
- Comply with all laws that apply to you, and your use of the services;
- Agree Doorsey can’t and won’t be responsible for your using the services in a way that breaks the law;
- Agree not to share your Doorsey User ID, account, or password with anyone. You are responsible for any activity associated with your Doorsey User ID and account.
Are there restrictions in how I can use the Services?
You agree you will not use the services in a manner that:
1. infringes or violates intellectual property (e.g., patent, trademark, and the like) rights or any other rights of others;
2. is dangerous, harmful, fraudulent, deceptive, or threatening, including the creation of multiple accounts to cheat the offer system;
3. Jeopardizes the security of your Doorsey User ID, account, or password, or anyone else’s;
4. attempts to obtain the password, account, or other security information of others
5. violates the security of any computer network, runs Maillist, Listserv, any form of auto-responder or “spam” on the services;
6. copies or stores any significant portion of the content; or decompiles, reverse engineers, or attempts to obtain the source code or underlying ideas relating to the services.
7. contain sexually explicit content or pornography, including child pornography;
8. contain hateful, defamatory or discriminatory content or incite hatred against any individual or group; 9. exploits minors;10. depicts unlawful acts or extreme violence;
11. violates any law.
The above constitutes a non-exhaustive list that is subject to change. Doorsey will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Doorsey may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the site, services or collective content or to review or edit any collective content. You further acknowledge that we have the right to monitor your access for the purpose of operating the site and services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any collective content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the site or services.
Fair Housing and Anti-Discrimination Laws
Doorsey is neither a direct provider of housing nor a real estate or property management company. However, it is important to us that our users are fully compliant with all Fair Housing and anti-discrimination laws, including but not limited to The Fair Housing Act, 42 U.S.C. § 3601, et seq.; The Washington State Law Against Discrimination, Chapter 49.60 RCW, et seq.; and the like, during the real estate offer process.
In this regard, the Seller and Seller’s Agent agree not to discuss, ask for, consider, receive, transmit any data, communication, offer, or the like pertinent to, or make any decision to accept or reject any offer for purchase on the basis of:
1. Race or color;
3. Citizenship or immigration status;
6. National origin;
7. Veteran or non-veteran status;
8. Familial status; or
In this regard, it is Doorsey’s policy to prohibit the transmission of any data over the Doorsey platform between buyers and sellers and their respective agents regarding the sellers’ or buyers’ race or color, religion, sex, national origin, familial status, disability, gender identity, and the like.
Similarly, we strongly discourage—though we cannot police—the Parties (buyers, sellers, and their respective agents) from communicating with one another outside the platform for the purpose of discussing or transmitting letters regarding race or color, religion, sex, national original, familial status, disability, gender identity, or the like.
Violations of these Fair Housing Laws and Anti-discrimination policies will result in termination of your account. You agree to indemnify and hold harmless Doorsey and its agents for any and all violations of Fair Housing Laws and Anti-discrimination policies caused by you.
How may I use information obtained from other users?
You shall only collect and use data of others to help you perform due diligence and utilize the services. You will treat information collected with confidence and care and obey all laws pertaining to Data Protection and Privacy..
What are my rights in the Services?
The materials displayed through the Services (the Content) are protected by copyright and/or other intellectual property laws. You understand that Doorsey owns the Services.
You promise to abide by any and all applicable copyright/trademark rules, laws, and regulations. You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including Doorsey’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.
Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from Doorsey. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services.
What about anything I contribute to the Services – do I have to grant any licenses to Doorsey or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
By submitting User Submissions through the Services, you hereby grant Doorsey a worldwide license to use the User Submissions in connection with its platform. You also grant each user of the Services a non-exclusive, perpetual license to access your User Submissions through this site. The foregoing license granted to Doorsey and its users does not affect your ownership or license rights in your User Submissions. You represent that you have all rights to grant such licenses to Doorsey without infringement of any other rights, laws or trademarks. You understand and agree that Doorsey may need to make changes to your User Submissions to conform to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Services?
Any posted information is the sole responsibility of the poster.
You access all information and content at your own risk.
Doorsey is not liable for any errors or omissions, or for any damages or loss you might suffer.
Doorsey is not responsible for how users interpret data.
Doorsey can’t guarantee the identity of any users with whom you interact.
You are responsible for all content you contribute, and you represent you have all rights necessary to do so.
The Services may contain links or connections to third-party websites. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Doorsey is not responsible for such risks.
Doorsey has no control over third-party websites or interactions you may have with them.
You release and hold Doorsey harmless from any and all liability arising from your use of any third-party website or service.
You agree Doorsey has no obligation to get involved in disputes between you and any third-party service provider.
Do the Services cost anything?
It is generally free to register for the Services. Certain aspects of the Services may require a fee. We reserve the right to charge for certain or all services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
Prohibition on Offers to Buy and Sell Outside of Doorsey’s Services/Platform.
Offers to buy or sell outside of Doorsey are a potential fraud risk for both buyers and sellers, as well as their respective agents. Additionally, Doorsey has invested a great deal to connect interested buyers with great sellers and we want to participate in ongoing transactions with them.
Buyers and sellers can't:
- Engage in any action with a user on the site designed to complete or facilitate a transaction outside of Doorsey for any purpose.
- In any communications with another Doorsey member, refer to or promote external websites that facilitate sales outside of Doorsey
- Use contact information obtained through an Doorsey transaction to offer to buy or sell a Property outside of Doorsey
- List a Property and then mention or link to additional Properties you own for sale outside of Doorsey.
Activity that doesn't follow Doorsey policy could result in a range of actions including canceling listings, hiding or demoting all listings from search results, blocking some or all of your messages/communication with other members, lowering seller rating, buying or selling restrictions, account suspension, application of fees (if applicable), and recovery of expenses for policy monitoring and enforcement. If applicable, all fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.
If you receive an offer from a buyer to transact outside of Doorsey, please report it to protect yourself and to protect Doorsey's services, which are valuable for buyers and sellers.
What if I want to stop using the Services?
Users of Doorsey's Services are free to cancel their use of the Services including removing their Account from the Platform at any time by contacting Doorsey directly at info@Doorsey.com. Account termination may result in destruction of any content associated with your account. Doorsey is free to terminate your account for any reason in our discretion, including your breach of these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination.
Can Doorsey Terminate, Cancel, or Suspend my Account?
Any abuse or appearance of abuse of Doorsey or its platform and/or Services in any way Doorsey may, at its sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, and take technical and/or legal steps to prevent you from using our Services, and to recover any damages sustained by Doorsey as a result of your violation of this User Agreement.
If we believe you are violating our policies prohibiting offers to buy or sell outside of Doorsey, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Doorsey, you may be liable for payment of any and all fees associated with that Property.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
No real estate or auction services.
The Services offered by Doorsey are not real estate services. Doorsey is not a real estate agent or real estate brokerage. Doorsey is not advertising or offering its users any real estate brokerage services. We do not transfer legal ownership of items from the Seller to Buyer. Doorsey is not an auctioneer or an auction house. Doorsey is a service platform through which live real estate bids are aggregated and compiled for the benefit of the respective agents’ clients.
General Warranty Disclaimer
Doorsey makes no representations or warranties concerning the Services, including without limitation regarding any content, accuracy, copyright compliance, legality, or decency of material, or any claims, expenses, damages or liabilities arising out of use of the Services. Doorsey makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services including, any Seller homes. Whether a Seller home is sold with or without a warranty (“as-is”) is a matter of contract between the Seller and the Buyer. Doorsey is not a party to the creation or facilitation of the Purchase and Sale Agreement and thus cannot make any warranties about the Properties listed on its Services.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER DOORSEY OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOORSEY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL DOORSEY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOORSEY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Release and Indemnity.
You agree to indemnify and hold Doorsey harmless from and against any claims arising from (a) your use of the Services; and/or (b) your violation of these Terms.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold Doorsey (including its affiliates and subsidiaries, as well as its respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
You may not assign, delegate or transfer these Terms or your rights or obligations without Doorsey's prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without your prior written consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and permitted assigns.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DOORSEY HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes Section, the term “related third parties” includes your and Doorsey's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Doorsey's, and these entities’ respective employees and agents.
You and Doorsey agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Doorsey (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Doorsey or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Washington, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Doorsey, except as otherwise stated in this User Agreement. Any disputes arising as to the enforceability of this Legal Dispute provision, or the below Agreement to Arbitrate, are specifically reserved for the determination of the Arbitrator, as applicable.
B. Agreement to Arbitrate
You and Doorsey each agree that any and all disputes or claims that have arisen, or may arise, between you and Doorsey (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Doorsey or its agents, or any products or services sold, offered, or purchased through the use of our Services shall be resolved exclusively through final and binding arbitration, rather than in court.Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Washington, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND DOORSEY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND DOORSEY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and Doorsey's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration Procedures Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid notice outlining the dispute with attachments to Doorsey, Inc., Attn: Litigaton Department, 12825 E Mirabeau Parkway, Suite 101, Spokane Valley, Washington 99216. Doorsey will send any notice to you to the physical address we have on file associated with your Doorsey account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign any demand or notice and provide a full basis for the claim, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and Doorsey are unable to resolve the claims described in a valid Notice within thirty (30) calendar days after Doorsey receives that Notice, you or Doorsey may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Doorsey at the following address: Legal Department - 12825 E Mirabeau Parkway, Suite 101, Spokane Valley, Washington 99216. In the event Doorsey initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Doorsey account. Any settlement offer made by you or Doorsey shall not be disclosed to the arbitrator.
If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Spokane County, Washington, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $10,000.00, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Doorsey may attend by telephone or Zoom (or any other audio-visual platform), unless the arbitrator requires otherwise. The language of the arbitration will be English, although the Consumer may request a translator to be present. To request a translator, please contact AAA directly.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Doorsey user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No appeals of any kind may be taken.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of this Agreement ("Arbitration Procedures") and the value of the relief sought is $10,000 or less, at your request, Doorsey will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by Doorsey should be submitted by mail to the AAA along with your Demand for Arbitration and Doorsey will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Doorsey for all fees associated with the arbitration paid by Doorsey on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO DOORSEY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 12825 E Mirabeau Parkway, Suite 101, Spokane Valley, Washington 99216.
You must complete and mail a notice informing us that you want to opt out in order to opt out of the Agreement to Arbitrate. In order for us to process your opt-out notice, you must provide your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Doorsey Service account(s) to which the opt-out applies. You must sign the your notice for it to be effective, in order for us to properly identify you. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Opting out of the Agreement to Arbitrate does not mean that you opt out of your waiver of your right to participate in any class action and collective action proceedings, as a class member or as a purported class representative. All other terms of this Legal Dispute agreement apply.
6. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Doorsey prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Doorsey. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Doorsey.com at least 30 days before the effective date of the amendments and by providing notice through the Doorsey Message Center and/or by email and/or other applicable means. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
All claims or disputes that are not subject to the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in Spokane County, Washington. You and Doorsey agree to submit to the personal jurisdiction of the courts located within Spokane County, Washington for the purpose of litigating all such claims, disputes, or matters.
YOU AND DOORSEY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Doorsey are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Doorsey over whether to vacate or enforce an arbitration award, YOU AND DOORSEY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge, in the event that the Agreement to Arbitration is found not to apply.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. Doorsey reserves the right to collect any and all applicable taxes, duties, and/or other governmental assessments, at any point in time, from you, and you agree to pay the same, at any point in time, including after the close of Doorsey's services and/or the subsequent transaction between the Buyer and the Seller.
If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect.
You and Doorsey agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Doorsey.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Doorsey.
Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Doorsey has implemented procedures for receiving written notification of claimed infringements. Doorsey has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your email address and your mailing address and/or telephone number;
5. 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; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to Doorsey, Inc’s Copyright Agent as follows:
ATTN: Copyright Agent
12825 E Mirabeau Parkway, Suite 101, Spokane Valley, WA 99216
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
1. Your physical or electronic signature;
2. Identification of the material removed or to which access has been disabled;
3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
4. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Washington, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Doorsey, Inc’s Copyright Agent via mail to the address specified above.