Terms & Conditions of Use
THIS IS IMPORTANT: PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Digipraise reserves the right to terminate this Agreement or your access to the App, or generally cease offering the Service at any time for any reason.
The Service allows you to update an existing valuation of your valuable personal assets (such as jewelry, watches, art, etc.) by an experienced appraiser electronically. We use OCR technology to read, convert, and digitize information contained in your initial appraisal in order to provide a reappraisal value. This entire process is done from the convenience of your mobile device.
Registration and Use
You represent and warrant that you are at least 18 years of age and have the legal capacity to register for and use the Service. You may not authorize any individual under the age of 18 years of age to use your account.
To register and use the Service, you must create a user account by providing personal information such as your name, email address, and phone number, along with a password to access the Service and receive messages from us. In addition, you must provide pertinent information regarding the initial appraisal you wish to update and make payment for the Service. Following review of such information and receipt of payment, you will be contacted by your preferred method of communication regarding your updated appraisal. Should any information provided by you be rejected, we may be unable to provide a reappraisal. In such event, we will provide you notice of the reasons for rejection, and may refund your payment.
You are responsible for all activity that occurs within your user account, and you agree to maintain the security of your account information. You agree to notify us if there is any unauthorized use of your login and/or account.
You are responsible for obtaining the data network access necessary to use the Service. In addition to any charges and other fees incurred through use of the Service, either from us or any third-party provider, your mobile network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service, and the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Restrictions on Use
By using the Service, you agree not to:
- Use the App for any reason other than your personal use and not for any commercial purpose, or make use of the Service for the benefit of another person or business entity;
- Use the Service for any illegal purpose or in violation of any laws or regulations, or violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
- Access, monitor, or copy any content or information provided via the Service using any robot, spider, scraper, or automated or manual means for any purpose without our written consent;
- Provide false or inaccurate information when registering your account, making payment, or providing initial appraisal information;
- Interfere with the security features of the Service or attempt to interfere with the proper functioning of the App (e.g., disabling or circumventing features that limit your use or copying App content or reverse engineer the Service to discover its source code);
- Use the App or Service for the solicitation of business or in connection with a commercial enterprise;
- Transfer your rights to use the Service; or
- Attempt to do, or assist anyone else to do, any of the above.
User Generated Content
When you create your personalized account, you will be prompted to upload photographs of the asset to be reappraised as well as the initial appraisal (including all related specifics such as the initial appraisal value and jeweler’s name, if such information is included on the initial appraisal) (“User Generated Content”). You are solely responsible for all User Generated Content provided to the Service and its accuracy. We may reject some User Generated Content if any information is missing, is of poor quality, or appears questionable.
Any User Generated Content remains your property and we will not dispute your rights in and to your User Generated Content. When you upload your User Generated Content, you agree to grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display the User Generated Content in connection with providing our Service to you. Additionally, you grant to our respective appraisers a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Generated Content in connection with providing appraisals to you and to the extent permitted by these Terms.
You understand and agree that any liability, loss, or damage that occurs as a result of the use of your User Generated Content that you provide to us is solely your responsibility. We are not responsible for any misuse of your User Generated Content.
You acknowledge and agree that all content provided on the App, as well as software used, remain the intellectual property of Digipraise and our licensors, including any applicable patents, copyrights, trademarks, or other proprietary rights, with all rights reserved. The use of any of our trademarks, service marks, or other intellectual property without our express written consent (including any use that is in any way likely to cause confusion or harm to us) is strictly prohibited.
Notice for Claims of Copyright Violation
We take our intellectual property rights and those of others seriously. As such, if you believe any content posted or appearing on our App constitutes copyright infringement of any of your creative work, provide us with written notice immediately, specifically including the following information: (i) a description of the work you believe has been infringed; (ii) a description of the material you claim is infringing your work and a detailed description of where it is located on our App or other platforms; (iii) your full name, address, telephone number, and email address; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature (the “Notice of Copyright Violation”). Notice of Copyright Violations should be sent to us at: firstname.lastname@example.org
Links to Third Party Websites
The App may contain links to other companies’ websites or other platforms. You agree that we and our third-party providers may contact you by telephone, text message, and email in order to effectuate services requested by you via the Service. When you click any third-party link, you will be taken to that company’s website and leave the Digipraise App. We are not responsible for any third-party content or services.
THE DIGIPRAISE SERVICE AND APP ARE PRESENTED “AS IS” WITHOUT WARRANTY OF ANY KIND. OUR APP AND SERVICE PROVIDED THEREFROM MAY INCLUDE INACCURACIES, MISTAKES OR ERRORS. BY USING OUR SERVICE AND ACCEPTING SERVICES, YOU DO SO VOLUNTARILY. OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE ARE THOSE OF THEIR RESPECTIVE AUTHORS.
WE DO NOT WARRANT AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION MADE AVAILABLE OR PUBLISHED VIA THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AND OTHER MATERIAL ON THE SERVICE OR ANY SITES WITH WHICH IT IS LINKED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OR CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO YOU.
THE DISCLAIMERS DETAILED HEREIN APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Governing Law, Dispute Resolution and Arbitration
- Dispute Resolution. We are committed to customer satisfaction. If you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any problems or disputes relating in any way to the Service by providing us written notice of any such problem. If we are unable to resolve the problem or dispute, you may pursue claims as explained herein.
- Applicable Law. The laws of the State of Florida shall govern this Agreement. Any dispute relating in any way to your use of the Service shall be submitted to confidential arbitration in Miami-Dade County, Florida, except with regards to issues regarding violations of Digipraise’s intellectual property rights, for which Digipraise may seek relief from any state or federal court of competent jurisdiction. By using the Service, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in the state and federal courts of Florida.
- Arbitration. Arbitration hereunder shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. In using this Service, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
- Intellectual Property. By using the Service, you agree that our remedy at law for any actual or threatened breach of the intellectual property provisions herein would be inadequate. As such, we shall be entitled to specific performance, injunctive relief, or both, in addition to any damages we may be entitled to recover, along with reasonable expenses incurred by us for any form of dispute resolution, including, without limitation, reasonable attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver. No act or omission by or on behalf of Digipraise is intended to be, nor should be construed as, a waiver of any of its rights, claims, causes of action, or remedies related to this Agreement.
- Waiver of Jury Trial. You hereby knowingly, voluntarily and intentionally waive the right to trial by jury in respect to any litigation based hereon, or arising out of, under, or in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written), or other actions of any party to this Agreement.
- No Class Action. You acknowledge and agree that you hereby waive the right to participate in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding related to any disputes which may arise out of or relate to this Agreement.
- No Joint Venture. Nothing in this Agreement shall be construed to create any joint venture, partnership, employment, or agency relationship between you and Digipraise or any of its affiliates.
- Severability. If any provision of this Agreement is deemed void, invalid, or unenforceable for any reason by any arbiter or court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible under applicable law. All provisions of this Agreement are severable and shall not affect the validity or enforceability of the remaining provisions.
- Modification. We reserve the right to modify this Agreement at any time. If modifications are made, we will post the revised Agreement on the website and update the “Last Updated” date at the top. It is your responsibility to review these notices and any modifications. If you use (or continue to use) the Service after a change, that means you accept the new terms.
- Entire Agreement. This Agreement and other referenced policies constitute the entire agreement between you and Digipraise, govern your use of the Service, and supersede prior agreements, written or oral, between you and Digipraise. You may not assign this Agreement or any rights or obligations hereunder, in whole or in part, without our prior written consent. Any purported assignment in contravention of this paragraph shall be null and void. This Agreement does not confer any third-party beneficiary rights. Agreements with third-party providers are separate from this Agreement. Our failure to enforce any right or provision herein shall not constitute a waiver unless we agree in writing.
- California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- International Access. This Service may be accessed from outside the United States and may contain products and services or references to products and services that are not available outside of the United States. Any such references do not imply that such products and services will be made available outside the United States. Anyone who accesses or uses the Service from outside the United States is responsible for complying with local laws and regulations.
Unless specified otherwise, any notices or other communications to users permitted or required under this Agreement, will be in writing and given by via email or otherwise electronically through the Service. We encourage you to contact us with questions, comments, and other feedback. Notice and other communications from you should be sent in writing to us at email@example.com.
We appreciate your business!