DoorDesk Terms of Use

Acceptance of this Agreement

Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, Canada or the United Kingdom, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

Access to the Services

Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

Policy for Using the Services

Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.

Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

• No Violation of Laws or Obligations: Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
• No Unsolicited Communications: Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
• No Impersonation: Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
• No Harming of Minors: Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
• Compliance with Content Standards: Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
• No Interference with Others' Enjoyment: Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
• No Interference or Disabling of the Services: Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
• No Monitoring or Copying Material: Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means.
• No Viruses, Worms, or Other Damaging Software: Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others.
• No Unauthorized Access or Violation of Security: Violate the security of the Services through any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services.
• No Reverse Engineering: Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
• No Collecting User Data: Collect, harvest, or assemble any data or information regarding any other user without their consent.
• No Other Interference: Otherwise attempt to interfere with the proper working of the Services.
• Attempt or Assist Others in Attempting: Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

Geographic Restrictions

The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.

Terms and Conditions of Sale

Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:

By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.

Order submission

When you submit an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
• In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
• Upon submission of the order, users will receive a receipt confirming that the order has been received.
• All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

Retention of usage rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

Contract Duration

Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

Automatic renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Website.

Termination notice

If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.

Intellectual Property Rights

Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

• No Copying or Distribution: You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein.
• No Modifications: You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
• No Exploitation: You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way.
• No Altering of Notices: You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
• No Competition: You shall not access or use the Content in order to build a similar or competitive website, product, or service.
• Systematic Retrieval: You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content.

Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company's property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

User Content

User Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services.

You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary.

License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content.

Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards. User Content must not:

• Violate Laws or Obligations: Violate any applicable laws or regulations
• Promote Illegal Activity or Harm to Others: Promote any illegal activity or create any risk of harm
• Infringe Intellectual Property Rights: Infringe any copyright, trademark, patent, trade secret, or other intellectual property rights
• Defamatory, Abusive, or Otherwise Objectionable Material: Contain any information or material that is unlawful, defamatory, abusive, threatening, harassing, harmful, or otherwise objectionable
• Promotion of Sexually Explicit Material or Discrimination: Promote sexually explicit material, violence, or discrimination
• Fraudulent Information or Impersonation: Contain false or misleading information
• Endorsement by the Company: Represent or imply sponsorship or endorsement by the Company

Copyright Infringement (Digital Millennium Copyright Act Policy)

The Company respects the intellectual property of others and expects users of the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated copyright agent:

• A physical or electronic signature of the copyright owner or authorized person
• A description of the copyrighted work that you allege has been infringed
• A description of the infringing material and its location
• Your contact information
• A statement of good faith belief
• A statement made under penalty of perjury

Designated copyright agent:

• NAME: Booker PM
• ADDRESS: 201 Milwaukee St., #200, Denver, CO 80206
• TELEPHONE: +1 720-730-7057
• EMAIL: levelup@bookerpm.com

SMS Messaging Terms

1. This campaign sends SMS Notifications, Alerts & Occasional Marketing Communication to customers who have opted in to receive SMS notifications.
2. You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to levelup@bookerpm.com or +1 720-730-7057.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
6. For privacy-related inquiries, please refer to our privacy policy.

Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice. Upon termination, your right to access and use the Services will immediately cease.

Effect of Termination

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability.

No Warranty

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If applicable law requires any warranties with respect to the Services, all such warranties are limited in duration to ninety (90) days from the date of first use.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES.

Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates from and against any and all losses, claims, damages, liabilities, costs, or expenses arising out of or relating to your breach of this Agreement or your use or misuse of the Services.

Disputes

Governing Law

All matters relating to this Agreement are governed by the laws of the State of Colorado, without giving effect to any conflict of law principles.

Dispute Resolution

Any action or proceeding arising out of or related to this Agreement shall be brought only in a state or federal court located in the State of Colorado, County of Denver County. You hereby irrevocably submit to the jurisdiction of these courts.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

Miscellaneous

Entire Agreement

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein.

Severability

If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity shall not affect any other term or provision of this Agreement.

Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.

Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

levelup@bookerpm.com