Terms
1.1 Dorrmat L.L.C., an Arizona limited liability company (referred to herein as “DORRMAT”, “Us”, “We”, or “Our”), makes available
Dorrmat.com and the related downloadable application (hereinafter collectively referred to as the "Site"), providing an online space where agents, buyers, sellers, and other vendors of real property are able to connect and facilitate meetings, professional relationships, and other transactions. Users will also have access to the Site where they will be provided information, resources, and the functionality to share contact and property information. All information, advice, products, or services (collectively referred to as “Offerings”), are subject to your compliance with the following Terms of Service ("Terms"), as well as any other written agreement(s) between Us and you.
1.2 We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgment and acceptance of the modified Terms.
1.3 As used in these Terms, references to our "Affiliates" include our owners, members, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, instructors, sponsors, advertisers, third-party sites and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
1.4 All purchases through our Site are FINAL and sold without guarantee. We may, in our sole discretion, limit or cancel the services offered on our website to any person, household, geographic region or jurisdiction. Prices for our services vary and are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are estimates, and are quoted in American dollars. We reserve the right, in our sole discretion, to refuse registration and/or service, including without limitation, orders that appear to be placed by competitors. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
1.5 This website is intended for use by individuals 18 years of age or older. You may not use the Site, register an account, or use Our services under any circumstances if you are under 16 years of age.
1.6 By using this Site you 1) Represent and warrant to us that you are not a competitor of DORRMAT, or engaged in any business, activity, or mission directly or indirectly, that could be competitive with the business or activities of DORRMAT, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by DORRMAT, and 2) YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR OFFERINGS.
1.7 Your Cash Offers are not an appraisal. One or more members, owners, employees of Dorrmat, or its affiliates, including the signatory hereto, are licensed real estate agents, salespeople, or brokers.
1.8 Many of our programs and services are offered through third-party relationships and they are subject to change at any time without prior verbal or written notice.
2.1 Offerings. We provide a number of Offerings for customers through the Site, including, but not limited to, registration, participation in online communities, online exchange of information, and purchase of services.
2.2 No Guarantee. The information provided on this site and in these offerings is for general informational purposes only. We do our best to provide accurate and effective information, but anyone using this Site, or purchasing services is still responsible to research any relevant topics or information of interest. Although We work hard to provide quality Offerings you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on the Site. Likewise, we do not promise, guarantee, or assert that the purchase or use of any of Our content or Offerings will result in the acquisition of clientele, nor result in the purchase or sale of any specific real property. Likewise, Dorrmat does not guarantee the condition or fitness of any agent or any piece of property. Please See Section 6 of these Terms for full disclaimers.
2.3 Refunds. DORRMAT prides itself on providing you with integrous service and quality care; however, all Offerings purchased on Our Site are non-refundable. All contact and notices regarding dissatisfaction can be emailed to
info@dorrmat.com.
2.4 Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of Our control. You also understand and agree that We have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available through this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
3. OUR INTELLECTUAL PROPERTY
3.1 Content. For purposes of these Terms, "content" is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed, downloaded, or purchased by users on our Site and is owned by DORRMAT, Our Affiliates or Our licensors.
3.2 Ownership of Content. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by Us or Our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with Our prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to DORRMAT or its licensors for violation of intellectual property rights. Any rights not expressly granted herein are reserved. DORRMAT does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.
3.3 Trademarks. Frademarks or service marks of DORRMAT include, but are not limited to, DORRMAT; and the DORRMAT logo. All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of DORRMAT or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of DORRMAT, Our Affiliates, or Our licensors.
3.5 Rental Products. DORRMAT does not guarantee any acceptance by a landlord of an application but does require all landlords using the Services to comply with the Fair Housing Act and other applicable laws.
3.6 No Warranty for Third-Party Infringement. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under DORRMAT’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. DORRMAT does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a ThirdParty Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that DORRMAT may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of DORRMAT. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. DORRMAT is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. Neither We nor Our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site, third parties, or Third-Party Providers.
4. YOUR INTELLECTUAL PROPERTY
4.1 Confidential Information. As stated above, all communications sent by you to Us will be treated as non-confidential (subject to our Privacy Policy). Please do not submit confidential or proprietary information to Us (including patentable ideas, new content suggestions or business proposals) which you do not wish to be displayed on the Site unless we have mutually agreed in writing otherwise. Notwithstanding the aforementioned clause, be assured that We will never release confidential information shared by You to Us in the process of acquiring information necessary to provide Our Services. All personally identifiable information will be kept confidential by Us, and we will never share the content of Our sessions with any third-party unless We have Your written consent to do so
4.2 Copyright Notice. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing DORRMAT content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”). If you believe that you or someone else's copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
iii. The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);
iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part ii is not authorized by the copyright owner, its agent, or the law;
v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
vi. The Rights Holder's signature or electronic signature.
4.3 You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may temporarily or permanently remove the identified materials from Our Site without liability to you or any other party.
5.1 Payment Info. In order to complete purchase of any of Our services, you will be required to provide Us with certain identification and financial information (“Payment Info”). By using this Site, you agree that all Payment Info provided by you is true, accurate, and current. Any cost incurred by Us as a result of incorrect Payment Info provided by you will be charged to you. Payment information may also be collected via a third-party site, invoice, or application. We will not retain any payment information including, passwords, usernames, or credit card information.
5.2 Login Required. In order to access some of the Offerings on this Site, such as online payment or contact portal, you may be asked to set up an account and password. In the event that You are asked to register, Our account registration page will request certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required to keep it current, complete and accurate. Account and/or membership sharing is strictly prohibited.
5.3 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. DORRMAT will never ask for your password.
5.4 Registration Cancellation. Questions regarding Membership to our Site may be asked by sending an email to
info@dorrmat.com.
6.1 ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
6.3 WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
6.4 DORRMAT ACCEPTS NO RESPONSIBILITY FOR THE CONTENT OF ANY ADVERTISER OR THIRD-PARTY LINK DISPLAYED ON THE SITE. USER AGREES AND UNDERSTANDS THAT THE INCLUSION OF ANY THIRD-PARTY CONTENT, INCLUDING ADVERTISING, IN NO WAY IMPLIES APPROVAL OR RECOMMENDATIONS OF SAID THIRD-PARTY OR ADVERTISER BY DORRMAT.
6.5 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
7. LIMITATION OF LIABILITY & INDEMNIFICATION
7.1 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; YOUR USE OF ANY PRODUCTS OR SERVICES ADVERTISED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
7.2 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES THAT MAY ARISE FROM YOUR USE OR MISUSE OF THIS SITE OR ANY OF THE CONTENT CONTAINED THEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
8.1 Grounds for Termination. You agree that We may, at Our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms, or other associated agreements. Breach of these terms can occur in many ways including, but not limited to, the use of profanity, abusive language, uploading of, or use of, sexually explicit photos or language, uploading or use of violent images or language, and unauthorized commercial solicitations. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
8.2 No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by Us in connection therewith. Sections 1-7 and 9 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
9. MISCELLANEOUS PROVISIONS
9.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited. We reserve the right to refuse to ship items to any location outside of the United States of America.
9.2 Governing Law. This Site (excluding any Third-Party websites) is controlled by Us from Our location in Maricopa County, Arizona, and the statutes and laws of the State of Arizona shall be controlling, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement or your use of the Site shall be decided solely and exclusively by State or Federal courts located in Maricopa County, Arizona. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse DORRMAT for Our reasonable attorney's fees for defending such challenge. Likewise, in the event that DORRMAT successfully defends any dispute arising out of the terms of this Agreement, the challenging party shall reimburse Our attorneys' fees.
9.3 Notices. All notices to DORRMAT shall be in writing and shall be sent to
info@dorrmat.com. You agree to allow Us to submit notices to you using the email address provided by you in the Registration/Payment Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
9.4 Communications. By using the Services, you consent to receiving certain electronic communications from DORRMAT as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that DORRMAT sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with DORRMAT or third parties, such as real estate agents and Lenders. Communications through these methods may be routed through a third-party service ("Communications Service"). Calls and text messages may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. In all such instances, standard data and messaging rates may apply depending on your phone carrier. You consent to such recording and monitoring by DORRMAT or the Communications Service.
9.5 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under Section 3 of these Terms.
9.6 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9.7 Savings Clause; General. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. DORRMAT may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services.
9.8 No Waiver. Any failure by Us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
9.9 Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 22 apply. You acknowledge that these Terms of Use are between you and DORRMAT only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 22 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 22 of these Terms of Use against you. You hereby 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.
9.10 Entire Agreement. These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
