Posted: February 20, 2024
Effective: January 1, 2024
Last Updated: January 26, 2024

These Digs Terms of Service (the “Digs Terms”) are a legal agreement between you, as a current or prospective user of the Services, and governs your use of the Digs platform, which includes mobile applications, websites, software, cloud-based solutions, and other products and services (the “Service”), offered by Digs Company (“Company”). 

If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. 

By using the Service, you agree to be bound by these Digs Terms and any policies referenced within (“Policies”), including our Privacy Notice.

Please note that you should review all Digs Terms carefully, including those provisions which limit our liability and those regarding individual arbitration for potential legal disputes. 

How Does Digs Work?

Digs is a home maintenance platform that helps Home Services Businesses (“Businesses”) and Homeowner users (“Homeowners”) manage many aspects of home maintenance.

What is the Digs App?

The Digs App (“App”) is a digital application that helps home service businesses and homeowners manage home maintenance projects by providing software to create estimates, schedule services, communicate through messaging, and request payments from Homeowners for services.

DIGS FOR BUSINESS

Service Requests

Businesses may receive service requests through the App. Homeowners can request services either directly from Businesses that they have interacted with inside the Digs for Homeowners App or request new services through the app from businesses they have not transacted with.

Digs Business Network (DBN)

A legally registered business may be invited by Digs to join the Digs Business Network (DBN). Upon invitation and acceptance to applicable terms and conditions, the Business becomes eligible to be matched with Homeowners who request various home services. Digs reserves the right to revoke membership in the DBN at its sole discretion.

DBN Commission Fees

Businesses will pay a 15% commission fee for each service that the business provides the “new-to- the-business” customer. In this instance, new-to-the-business is specifically any customer of the Business that was first acquired or contacted through the Digs App. If the customer is an existing customer of the Business, prior to the business becoming a DBN Member, the commission fee will be waived. Any applicable DBN Commission Fees will be deducted directly from the Business’ Digs Balance, as reflected in their App account portal.

Payment Requests

Payment requests made through the App are sent directly to the attention of the Homeowner for approval inside the app. Once approved by the Homeowner, the payment request will be processed through the App. After the payment is processed successfully, the payment will be added to the Business’ Digs Balance on the App.

Digs is Your Agent for Receiving Payments

Digs serves as your limited agent for the sole purpose of receiving funds from services performed to Homeowners on your Digs Balance on your behalf.

Authorized Agent

In connection with your Business Account, you authorize us to act as your agent for the purposes of holding, receiving, and disbursing funds on your behalf. To protect the integrity of the system and reduce risk that a transaction may be reversed on (or charged back to) your Business Account, in some cases where we reasonably believe a transaction is likely to be reversed (or charged back), you also direct and authorize us, as your agent, to void the transaction.

Transfer Balance

Businesses can transfer their Digs Balance to their bank account properly verified and connected with the App.

DIGS FOR HOMEOWNERS

Service Requests

Through the Digs for Homeowners App, Homeowners can request services either directly from Businesses that they have interacted with inside the App or request new services through the App from businesses they have not previously transacted with.

Estimates

Homeowners can request and view estimates from a Business and approve the estimate within the App.

Suggestions and Recurring Services

The App may, from time to time, make suggestions or offers for a variety of home maintenance and related one-time or recurring services. These suggestions are made as a courtesy and are not required for purchase.

Homeowner Fees

There are currently no fees to use this App and any Services contained therein. Digs does not guarantee any service rates, fees or discounts from Businesses who provide services obtained or acquired through the App. Digs reserves the right to update and change the Fees within these terms at any time.

Payment Requests

Payment requests are initiated by the Business who performed the service to the Homeowner and sent to the homeowner for approval inside the App. Upon the Homeowner’s approval of the payment request, the funds are processed and added to the Business’ Digs Balance. All approved payment requests are final and non-refundable for any reason, and the Homeowner agrees not to dispute any approved payment.

Refunds must be handled directly with the Home Service Business.

By initiating any payment transaction, you authorize Digs to charge your provided Bank Account to complete the payment. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with any payment you made; you also authorize a credit to your Account to accomplish that transaction. 

Taxes 

You are responsible for all applicable taxes that arise from or as a result of your use of the Service. For the avoidance of doubt, all sums payable by you under these Digs Terms shall be paid free and clear of any deductions or withholdings whatsoever. Other than taxes that may be charged by the Business to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority.

To the extent that we are required by a taxing authority, we will step in.

GENERAL TERMS

We can make updates to the Terms at any time, and we’ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.

You also agree to receive notices from us electronically.

We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. 

Electronic Delivery of Communications and Use of Electronic Signatures

Under this Consent, the Company may provide all Communications electronically by email, by text message, or by making them accessible via the Company websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services, (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.

Withdrawal of Consent to Electronic Communications

You may withdraw your consent to receive electronic Communications at any time, by emailing hello@digs.company. However, withdrawal of your consent to receive electronic communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and the Company will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form).

Updating Your Email Address

You can change your email address by writing to hello@digs.company. You may also be able to change your email address yourself through the App.

Digs Account Eligibility and Registration

Using Digs requires that you create an account. You need to be a U.S. resident and at least 18 years old.

You agree to, as needed, cooperate with us so that we can verify your identity. We might use third parties to help us do so.

You must be a resident of the United States, at least 18 years and the age of majority in your State of residence, and you must register for an account (“Account”) to use the Service. Certain features of the Service may only be available for use in the United States. Some features, such as the ability to send money to a Business, may be available only if you give us certain information about you, your bank account, and we can verify your identity. We verify your identity on our own behalf and to facilitate certain of our partners, including our banking partners, in meeting their own obligations.

Registering, Opening, Using, Upgrading, or Switching an Account

To register, open, use, upgrade, or switch an Account, the Company may require that you submit certain information about yourself and / or your business to the Company, including but not limited to your legal name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, a government issued form of identification, legal business name, business address, taxpayer identification number, and any information you subsequently add or update (“Account Information”). You represent and warrant that all Account Information you provide Digs to register, open, use, upgrade, or switch an Account, including but not limited to a Business Account is true and accurate, and you agree to keep all Account Information current.

Validating and Authenticating Your Identity

You hereby authorize the Company, directly or through the Company’s use of third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information and, for Business Accounts, the identity of the business. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your Account will not be approved and you will not be able to use the App. In addition, we reserve the right to change the account type or suspend or terminate the Account or access to certain Services of anyone who provides inaccurate, untrue, or incomplete information.

The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.

Secondary or Sponsored Accounts

You may authorize Accounts for other Individuals or persons who are 18 years of age or older (each, a “Sponsored Person” and each such Account, a “Sponsored Account”). Any minor Sponsored Person who uses a Sponsored Account must do so only with the consent of their parent or legal guardian, who must themselves be of majority age. For the purposes of the Digs Terms, any reference to your “Account” includes any associated Sponsored Accounts. You acknowledge that the Digs Terms and Privacy Notice will apply to you with respect to each Sponsored Account and to each Sponsored Person, and you hereby expressly accept these Digs Terms and Privacy Notice on behalf of each Sponsored Person and Sponsored Account. You further agree to and accept full responsibility and liability for any Sponsored Person’s use of a Sponsored Account.

You may withdraw your authorization at any time through the App. If your Account is suspended or terminated, your authorization for any Sponsored Accounts will be automatically withdrawn. If your authorization for any Sponsored Account is withdrawn for any reason, the Sponsored Person may request a new Account subject to the requirements in the Digs Terms and Privacy Notice.

Text Messages and Other Electronic Communications

Here’s where we describe your consent to receive texts or emails from us and your representations regarding texts, we send to others relating to your payments or use of Services.

You can opt out of communications in ways that are specific to that communication method.

By providing us with a mobile number, either when you sign up for an Account or update the contact information associated with your Account, you consent to receiving text (SMS) messages and push notifications from us. Such communications may include requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receiving promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt-out of text messages from the Company by replying STOP or by changing your notification preferences in the app. You acknowledge that opting out of receiving communications may impact your use of the Services.

Data Ownership and Services Usage

You retain all rights to your content when you upload it into our services, but you do give us broad rights to use, modify, and display your content in our services. You can see specifics on the rights you grant us below.

Also, anything you provide us with or make available to the public through our services must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful or harmful to you, our customers or us). We can remove any content at any time.

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Digs Terms. You may modify or remove your Content via your Account or by terminating your Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

Except where prohibited by law, you will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with the Company’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose the Company, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. The Company may also monitor such Content to detect and prevent fraudulent activity or violations of the Digs Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

App Security

We take security incredibly seriously but can’t guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access our services and letting us know if you think an unauthorized person is using your account.

If there is ever a dispute about who owns your account, we are the decider.

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

In order to help us maintain proper security, Digs implements a two-factor authentication verification process through the phone number you provided.

Your License to Use the Digs App

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services, as authorized in these Digs Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. This means you must ensure that you are using the most recent version of Digs, which may require you to download and install updates manually. Any such updates may be subject to additional terms made known to you at that time.

Ownership

While we’re happy to let you use our services, you don’t have any ownership rights in them. We can act on any ideas you share with us about how we can improve our products and services free of charge.

We reserve all rights not expressly granted to you in these Digs Terms. The Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all rights, title, interest in and to the Services and all copies of the Services. These Digs Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these Digs Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit feedback, comments, or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit and without any obligation to you.

Sharing of Your Information

We will not share Account Information and transaction information with the other parties. Please reference our Privacy Notice.

Copyright and Trademark Infringement

We respect the intellectual property rights of others and ask you to do the same. We take seriously any assertion or attestation regarding any third-party claims that your material, or that uploaded to the App, infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

Risk of Fraudulent Transactions

Digs does not guarantee that transactions within the App are verified or secured. Any fraudulent activity will not be the liability of Digs.

As a result, fraudulent transactions may occur and can result in the loss of funds with no recourse. 

Digs will actively monitor Accounts with multiple transactions to the same customer, payment requests to yourself or your same business, and any excessive payment request amount.  Digs will take reasonable measures to make sure that any fraudulent transactions or Accounts discovered are immediately confronted.  Digs will freeze any funds and terminate any Account to where fraud is suspected. Further, Digs will contact the correct regulatory authorities or return funds to the appropriate party, including associated bank accounts.

Digs reserves the right to delay any Fee or funds transfer while we screen for fraud or risks.

Error and Dispute Resolution

Contact us if you see any errors or issues with your Account. You could lose all the money in your Account if an issue or error is left unresolved.

The following are NOT considered Unauthorized Transactions:

• If you give someone access to your Account (e.g. by giving them your login information) and they use your Account without your knowledge or permission, unless you have notified us that transfers by that person are no longer authorized;
• If you, or someone else with whom you are acting in concert, act with fraudulent intent; or
• A misdirected payment, such as one sent to the wrong person, is authorized and will not be considered an Unauthorized Transaction.

Please be aware that we will need some basic information from you to begin our investigation.

If you believe there are errors on your Account, or you have questions about your Account, you can Contact us through your Account in the App or email hello@digs.company

Disputes with your Funding Source

When you contest a transaction with your external funding source (such as the bank that issued your linked debit card), your rights when requesting reimbursement for a completed transaction are determined by the funding source used to fund the applicable transaction.

Each of your external funding sources may provide you with different rights and resolution procedures for resolving disputes. Please consult the terms and conditions of your funding source to better understand your rights and their resolution procedures. All inquiries about a third-party dispute should be directed to the external funding source.

Compliance with Governmental Authorities

The Company may freeze, withhold, or remit funds in your Account in response to a subpoena, court order, search warrant, notice, or other binding order from a governmental authority or third party, including but not limited to tax levies, garnishment orders, or lien notices.

Limitations on Use

You will use Digs legally and in accordance applicable laws and rules. You agree to not abuse the system or the Service. We may block or reverse any Service, including those that violate our terms or the law, at your expense.

You agree that you are independently responsible for complying with all applicable laws in all your activities related to your use of the Service and for all communications you send through the Service.

We reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign, or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, mis-posted or misdirected prohibited transactions will be your sole responsibility and not ours.

Acceptable Use Policy and Other Restrictions

If you want to use our services, you can’t do certain bad things. If we think you are doing these bad things, we have the right to share your information with law enforcement.

Except where prohibited by law, you may not, nor may you permit any third party, directly or indirectly, to:

• engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities. If found to be in apparent violation of these restrictions, your account could be terminated, and your funds could be held for an indefinite period of time;
• access or monitor any material or information on any Digs system using any manual process or robot, spider, scraper, or other automated means;
• perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way materials, information or Services from the Company;
• transfer any rights granted to you under these Digs Terms;
• use the Services for any illegal activity or goods or in any way that exposes you, other Company users, our partners, or the Company to harm; or
• otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement, in accordance with applicable state, local, and federal laws and regulations governing such information sharing.

Limitations on Our Liability for Failure to Complete Transactions

Just because you were introduced to a Business or Homeowner on our App, does not mean we have any liability or responsibility for their actions. If any member of Digs’ customer service team tries to help, we do not guarantee any specific outcome.

There are some circumstances where we will not be liable if transactions do not go through, or services are not performed. Those circumstances are listed here.

We will not be liable, for failure to complete transactions in the following circumstances: (a) Through no fault of ours, there are insufficient funds in your Digs Account to complete the transaction; (b) A merchant refuses to accept your payment; (c) The information supplied by you is incorrect, incomplete, ambiguous or untimely; (d) Access to funds in your Digs Account have been blocked by reporting suspicious activity; (e) There is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; (f) We have reason to believe the requested transaction is unauthorized; (g) Circumstances beyond our control (such as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, or a natural disaster) prevent or delay the completion of the transaction, despite reasonable precautions that we have taken; or (h) Any other exception stated in our Agreement with you.

Our Relationship with You

We are an independent contractor for all purposes, except that we act as your limited agent with respect to the custody and transfer of your funds for the purposes set forth herein only.

Termination of Account

We can terminate or deny you access to our services at any time, for any reason. You can also choose to deactivate your account at any time.

We may terminate these Digs Terms, or suspend or terminate your Account, any associated Sponsored Account, or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or the next time you attempt to access your Account. 

Effect of Termination

Once our relationship ends, we are not responsible for any losses you experience because of the termination of our services or for removing your data from our servers. Some terms of our agreement will still apply even after our relationship ends.

If these Terms or your Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. 

For Businessowners, upon termination of use of an Account with no activity which endures beyond six (6) months, all funds remaining will be subject to forfeit under the direction of Digs.

Referral Programs

From time to time, we may offer referral programs or incentives for inviting others to use the Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current referral program terms, if applicable, and otherwise at our sole discretion.

Indemnity

If you do something using our services that gets us sued or fined, you agree to cover our losses as described below.

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any third-party claims made by your Buyer regarding the Company’s processing of your customer/Buyer’s Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

No Warranties

While we do our best to bring great services to our customers, we provide them as-is, without warranties. We are not responsible for any goods and services that you might buy or sell using the App.

THE USE OF “THE COMPANY” IN THESE SECTIONS MEANS DIGS, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. The Company does not have control of, or liability for, goods or services that are paid for using the Services.

Limitations of Liability and Damages

As described below, if something bad happens because of your use of our services, our liability is capped.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL DIGS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR DIGS ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DIGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Third Party Products & Goods

All third-party products included or sold with the Services are provided solely according to the warranty and other terms specified by such third party or Business, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. DIGS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Disputes

When you see the word “Dispute” in Section, here’s what it means.

For purposes of this Section, “Disputes” are defined as any claim, controversy, or dispute between you and Digs, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Digs that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.

Binding Arbitration

This section provides details about how we will resolve disputes through the arbitration process.

General. You and Digs agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE DIGS TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).

Before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to the Company should be sent by mail to Digs, Attn: Legal Dept. 3200 Atlanta Silverbacks Way, Atlanta, GA 30340. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. Each party agrees that state courts in Georgia, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

Governing Law

Our relationship is governed by the laws of Georgia, federal law, or both.

These Digs Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by Georgia law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.

Assignment

You may not transfer any rights you have under our terms of service to anyone else.

These Digs Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

Other Provisions

These Digs Terms, and any applicable Policies, are a complete statement of the agreement between you and Digs regarding the Services. In the event of a conflict between these Digs Terms and any other Company agreement or Policy, these Digs Terms will prevail and control the subject matter of such conflict. If any provision of these Digs Terms or any additional term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Digs Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Digs Terms will be deemed a further or continuing waiver of such term or any other term.