IMPORTANT NOTICE: PLEASE READ SECTIONS 6-9 BELOW THAT CONTAIN A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION, AND ARBITRATION PROVISIONS, INCLUDING A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. SUCH PROVISIONS MAY AFFECT YOUR LEGAL RIGHTS WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE INVOLVING DIGS, THESE TERMS OF USE, OR OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE PLATFORM OR OUR SERVICES.
PLEASE NOTE: If you are registering to use and/or using the Platform (as defined below) on behalf of your employer or a third-party by which you are engaged: (i) you agree to these terms on behalf of yourself individually and the company by which you are employed or engaged and for whose benefit you are using the Platform, (ii) you represent and warrant that you have the authority to bind such company to these Terms of Use, and (iii) references below to “you” refer to both you and such company.
Digs, Inc. (“Digs,” “us,” “our,” or “we”) is an AI-powered collaboration platform for residential home builders, homeowners, and construction professionals. Digs operates the website located at
https://www.digs.com and the Digs platform, including DigsCloud, DigsCanvas, and DigsCare (collectively, the “Platform”), which provides tools and services for file management, pre-construction collaboration, design visualization, homeowner handoff, and warranty management. These Terms of Use (“Terms”) are entered into by and between you and Digs with respect to your use of the Platform.
By accessing or using the Platform, you agree to these Terms. If you do not agree to these Terms, you may not use the Platform.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE PLATFORM. YOU MAY ONLY ACCESS AND USE OUR PLATFORM IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.
1. Account Registration
You may register for an account in order to access certain features of the Platform, including project dashboards, file storage, collaboration tools, and warranty management features. Data will be provided by you when registering for an account and data will be collected when you use the Platform (“User Data”). You must update your User Data as necessary so that all User Data remains accurate and up-to-date. Digs may use User Data to send notices, statements, and other information by email or through your account. You must secure and treat your credentials to the Platform as strictly confidential and may not share those credentials with any other person or entity. You agree to notify Digs immediately if the confidentiality or security of your credentials has been (or is suspected of being) compromised. You are responsible for all use of the Platform that occurs as a result of access to it using your credentials.
We reserve the right to reject or otherwise terminate access to your account at any time. If you provide any information that is untrue, inaccurate, not current, or incomplete, or that violates applicable law, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
2. The Platform and License Grant
2.1. License to the Platform.
Subject to the terms and conditions herein, Digs hereby grants to you a limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Platform as set forth in these Terms. You are responsible for ensuring that all persons who access the Platform through your account comply with these Terms, and you are responsible for any non-compliance by any of them.
2.2. Restrictions on Use.You agree not to (directly or indirectly), in connection with your use of the Platform:
- sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Platform or any component thereof;
- use or exploit the Platform, or any component thereof except solely as expressly permitted pursuant to these Terms;
- alter or remove any copyright, trademark, or other protective notices;
- reverse-engineer, decompile, or disassemble the Platform or any component thereof or otherwise attempt to derive any related source code;
- allow any unauthorized person to access or otherwise use the Platform or any component thereof;
- use the Platform in a manner that could, directly or indirectly, generate results or engage in activities that may pose financial harm or other safety concerns, including but not limited to, actions that could reasonably be anticipated to result in financial loss, damage to property, or bodily harm, or compromise the security and integrity of any confidential or legally protected data or computer systems;
- access or use the Platform contrary to these Terms;
- use or access the Platform (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
- conduct activities that may be harmful to others that could damage Digs’ reputation;
- use scrapers, robots, or other data gathering devices not provided by Digs on or through the Platform;
- interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Platform, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
- interfere with the operation of the Platform or any user’s use of the Platform, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Platform; (iii) attempting to collect personal information or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity, including impersonating any person or entity;
- use the Platform, any AI-powered features (including AskDigs), or any outputs generated by the Platform’s AI features to train, fine-tune, or otherwise improve any artificial intelligence or machine learning model, algorithm, or system, whether owned by you or any third party;
- engage in prompt injection, jailbreaking, or any technique designed to manipulate, circumvent, or override the intended behavior, safety measures, or access controls of any AI-powered features of the Platform;
- systematically extract, scrape, harvest, or collect any AI-generated outputs, content, data, or other information from the Platform through automated or manual means for the purpose of building, training, or improving any competing product, service, or dataset;
- use the Platform or any AI-powered features to generate content that is misleading, deceptive, or fraudulent, or that impersonates any person or entity;
- remove, obscure, or alter any notice that content was generated or assisted by artificial intelligence;
- use any AI-powered features of the Platform in a manner that violates any applicable law, regulation, or third-party right, including intellectual property rights; or
- attempt to do any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.
2.3. Reservation of Rights.
Nothing in these Terms shall be construed as granting you any rights other than those expressly provided herein, and there are no implied rights pursuant to these Terms based on any course of conduct or other construction or interpretation thereof. All rights and licenses not expressly granted herein are expressly reserved by Digs.
3. Grant of Rights to Digs
3.1. License to User Content.
You hereby grant to Digs, its affiliates, and their respective successors and assigns, a non-exclusive, royalty-free, fully-paid license to use, analyze, modify, display, create derivative works from, and transmit any content, information, or materials that you submit, post, or otherwise provide through the Platform (“User Content”) for the purposes of operating, maintaining, and improving the Platform and our services. For the avoidance of doubt, User Content includes project files, construction documents, design assets, specifications, photographs, floor plans, and any other materials you upload or create through the Platform.
3.2. Feedback.
You hereby grant to Digs and its affiliates, and their respective successors and assigns, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license without restriction to copy, use, display, publish, reproduce, modify, license, and otherwise exploit for any legitimate business purpose any and all rights as you have in any feedback, suggestions, recommendations, or techniques you submit relating to the Platform or our services. For the avoidance of doubt, you are under no obligation to submit any such feedback, suggestions, recommendations, or techniques.
4. Ownership
4.1. Digs Ownership.
Other than those rights expressly granted to you under these Terms, Digs, its subcontractors, its service providers, and its licensors (as the case may be), retain all right, title, and interest in and to: (i) the Platform and its components (including the visual interfaces, graphics, other content, design, compilation, computer code (including source code or object code), products, software, AI models and algorithms, and information services), and all intellectual property rights embodied therein; and (ii) any modifications, enhancements, updates, and other improvements to the Platform.
4.2. User Content Ownership.
Other than those rights expressly granted to Digs under these Terms, you retain all right, title, and interest in and to your User Content. For the avoidance of doubt, your agreement to these Terms includes acknowledgment that Digs may share certain identifiers with advertising platforms as described in the Privacy Policy.
5. Other Terms
5.1. No Reproduction or Publication.
Images, text, or other information posted or found on the Platform are solely for use in connection with the Platform in accordance with these Terms and may not be used, reproduced, or published for any other purpose, commercial or otherwise, without the express written permission of Digs and the owner of the images, text, or other information.
5.2. Provision of the Platform.
You understand and agree that the Platform is provided “as-is.” Digs assumes no responsibility for the availability or functionality of the Platform, or for the timeliness, deletion, mis-delivery or failure to store any content or personalization settings. Note that collection and use of personal information in connection with the Platform, including User Data, is described in our Privacy Policy, available at
https://digs.com/privacy-policy. The Privacy Policy describes Digs’ practices with respect to the sharing of user identifiers with third-party advertising platforms for audience matching purposes. By agreeing to these Terms, you acknowledge and agree to the data practices described in the Privacy Policy, including the sharing of identifiers for advertising purposes as described therein. You may opt out of such sharing as described in the Privacy Policy.
5.3. Online Security and Fraud Prevention.
At Digs, we highly value our users’ security, and we want to make your online experience safe and enjoyable. While Digs takes immense precautions in identifying and preventing fraudulent behavior on the web, we encourage our users to remain alert as well and be on the lookout for fraudulent online activity.
One common form of digital fraud affecting many companies today is “phishing.” Phishing is a type of scam in which a person, posing as a representative of an organization, obtains confidential information from users through websites or emails. The unsuspecting individual believes they are complying with a request from a business they wish to do business with, and may not realize for several days that their private information has been compromised.
Please remember that Digs will never contact you via email or phone to request your personal information, including your social security number or your credit card number.
Please review and follow these important precautions when conducting business online:
- If you find yourself on a website you did not intend to visit, you may have clicked a phishing link. Click the “Back” button on your web browser to try to see which page you were on previously, and look for suspicious links. DO NOT click any further links on the suspicious page, and never download anything from a page you do not trust.
- If you receive an email asking to confirm confidential or personal information about your account, or with an urgent request for financial assistance, there is a good chance it is a phishing email. Never send financial details over email. Check the email address carefully and try to verify the sender's identity (such as finding the correct contact number online and calling them directly) before replying. When in doubt, do not reply to the email and do not click any links sent in the email.
- If you already provided a credit card number on a website or through email, and believe it may have been a scam, Digs suggests that you contact your credit card company or any of the three major credit bureaus immediately, and sign up for a credit monitoring service. These fee-based services will automatically notify you whenever your credit record is accessed:
Equifax: 888-766-0008
Experian: 888-397-3742
TransUnion: 800-680-7289
If you believe you have been contacted by someone posing as a Digs employee, or if you think you have given personal information through a fraudulent website posing as a Digs website, please contact Digs immediately to report the incident at support@digs.com.
6. Disclaimers; No Warranties
Digs does not warrant or represent that the information available on or through the Platform will be correct, accurate, timely, or otherwise reliable. Digs may make improvements and/or changes to its features, functionality, or content at any time.
AI-generated outputs provided through the Platform (including, without limitation, outputs from AskDigs, 3D floor plan conversions, measurements, takeoffs, and any other AI-assisted features) are probabilistic in nature and may contain inaccuracies, errors, or omissions. Such outputs are provided for informational purposes only and should not be relied upon without independent verification by qualified professionals. Digs does not warrant the accuracy, completeness, or reliability of any AI-generated output, and users are solely responsible for independently verifying all AI-generated content before relying on it for any purpose, including construction, design, or financial decisions.
THIS PLATFORM AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE PLATFORM AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DIGS DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. DIGS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED OUTPUT, INCLUDING WITHOUT LIMITATION ANY OUTPUT FROM ASKDIGS, FLOOR PLAN CONVERSION, MEASUREMENT TOOLS, TAKEOFF FEATURES, OR ANY OTHER AI-ASSISTED FUNCTIONALITY OF THE PLATFORM.
THE ABOVE PARAGRAPH APPLIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW OR A DISCLAIMER OF OTHER WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7. Limitation of Liability
IN NO EVENT WILL DIGS AND ANY OF ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS, OR ANY DELAY IN THE RECOVERY OF ANY DATA, INABILITY TO RECOVER ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR ANY OTHER PERSON OR ENTITY AGAINST WHICH LIABILITY IS ASSERTED) HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
IN NO EVENT SHALL DIGS BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, OR OTHERWISE) UNDER THESE TERMS OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Indemnification
To the fullest extent permitted by applicable law, you will defend and indemnify Digs and its affiliates and their respective members, managers, officers, directors, employees, agents, representatives, licensors, and service providers from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of: (i) your access to or use of the Platform; (ii) your violation of these Terms or any applicable law; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right in connection with your use of the Platform; (iv) any dispute or issue between you and any third party concerning the Platform; and (v) all claims pertaining to the Platform or your use of the Platform that arise from or allege negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
9. Binding Arbitration; Class Action Waiver; Jury Waiver; Dispute Resolution
IMPORTANT NOTICE – ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER.
THIS SECTION TITLED “BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; DISPUTE RESOLUTION” SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND DIGS. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION REQUIRES YOU TO RESOLVE MOST DISPUTES WITH DIGS THROUGH BINDING, INDIVIDUAL ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
9.1. Arbitration Agreement; Governing Law; Venue.
Except for Section 9.5, any Dispute (any dispute, claim, or controversy arising out of or relating to the Platform, our services, or these Terms) shall be resolved by final and binding arbitration as described by this Section 9. These Terms and your use of the Platform and our services are governed by, construed and enforced in accordance with the internal substantive laws of the State of Washington, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is subject to the mandatory dispute resolution provisions of this Section 9 is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”). For any Dispute allowed to proceed in court, or to enforce these Terms, the Parties agree to exclusive personal jurisdiction and venue in (i) the State courts of Washington or (ii) the United States District Court for the Western District of Washington.
9.2. Informal Dispute Resolution and Claim Certification (Mandatory).
Before either party initiates arbitration, the party seeking relief must send a written Pre-Dispute Notice that includes: (i) the claimant’s name, mailing address, and email associated with the account (if any); (ii) a detailed description of the facts and the specific relief requested; and (iii) a personally signed declaration by the claimant (and by counsel, if represented) attesting under penalty of perjury that the information is accurate and made in good faith. Notice to Digs: Digs, Inc., 101 E 6th St, Suite 125, Vancouver, WA 98660. The parties will work in good faith to resolve the Dispute for sixty (60) days after a complete Notice is received. Arbitration may not be initiated until this informal process concludes.
During the sixty (60)-day good faith negotiation period, we will meet via telephone or videoconference, in a good-faith effort to confer with each other and try to informally resolve the Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed. Failure to complete the requirements of the sixty (60)-day good faith negotiation period is grounds for dismissal of any arbitration proceeding.
Any Dispute that the parties cannot resolve through the sixty (60)-day good faith negotiation period must be brought on an individual basis and will be resolved exclusively by final and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”). You may initiate an Arbitration by sending a demand that includes all of the information required in the Notice to: Digs, Inc., 101 E 6th St, Suite 125, Vancouver, WA 98660.
The parties will meet and confer in good faith to select an Arbitrator and applicable fee schedule subject to Section 9.3 herein. The Arbitrator must have experience with the subject matter of the Dispute. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three (3) arbitrators who meet the qualifications described in these Terms. If, after sixty (60) days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the state or federal courts in the county and state where you reside, to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.
9.3. Costs and Fees.
You shall not be required to pay a filing fee greater than the then-current fee to file a civil complaint in federal court in Washington. Except as otherwise provided by law or this Section 9, each party bears its own attorneys’ fees and costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost prohibitive, regardless of the outcome of the Arbitration. However, if the Arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you shall reimburse us for any fees and costs that were advanced by us on your behalf. You may hire an attorney to represent you in Arbitration. You may only recover your attorneys’ fees and costs in the Arbitration if (i) the Arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case or (ii) the Arbitrator finds that any Dispute we bring against you was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
9.4. Arbitration Procedures.
Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered pursuant to the most recent version of the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the “AAA Rules”), with the exclusion of any associated fee schedules and as modified by the version of this arbitration provision that is in effect when you notify us about your Dispute, unless the parties mutually agree to use an arbitration provider other than the AAA. The selection of the AAA Rules is meant to govern procedural issues only, and such selection does not mean that AAA will administer the Arbitration or appoint the Arbitrator. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of these Terms, this arbitration provision shall govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision shall govern. A single Arbitrator will resolve the Dispute. Unless you and we agree otherwise, any Arbitration hearing will take place at a location convenient to you in the county where you reside when you notify us of your Dispute. The parties may mutually agree that the Arbitration be conducted via electronic or telephonic means, including via the submission of documents only through a desk Arbitration as described in the AAA Rules. The Arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect other confidential or proprietary information. The Arbitrator shall issue a reasoned written decision that explains the Arbitrator’s essential findings and conclusions. The Arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the Arbitrator’s award. An Arbitrator’s award that has been fully satisfied shall not be entered in any court.
9.5. Exceptions (Small-Claims; IP/Injunctive Relief).
Either party may (i) bring an individual claim in small-claims court if the claim qualifies; and/or (ii) seek temporary or preliminary injunctive relief in a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending arbitration (e.g., protection of intellectual property, confidentiality, or data security rights). Any such limited court action is not a waiver of arbitration.
9.6. Class Action Waiver.
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND DIGS AGREE THAT ALL CLAIMS AND DISPUTES BROUGHT BY EITHER PARTY AGAINST THE OTHER WILL BE BROUGHT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
If the class/representative waiver in this section is found unenforceable as to a particular claim or request for relief, then that claim or request must proceed in court and not in arbitration.
9.7. Waiver of Jury Trial.
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND DIGS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
9.8. Survival; Severability; Interpretation.
This Section 9 survives termination. If any portion is found unenforceable, that portion is severed and the remainder remains in full force and effect, except that if the class/representative waiver in Section 9.6 is held unenforceable as to a claim, that claim (and only that claim) proceeds in court and not arbitration.
9.9. Modification.
WE MAY UPDATE THIS SECTION ON A GOING-FORWARD BASIS. IF DIGS MAKES A MATERIAL CHANGE TO THIS SECTION, YOU MAY REJECT THAT CHANGE BY NOTIFYING US IN WRITING WITHIN THIRTY (30) DAYS OF THE “LAST UPDATED” DATE OF THESE TERMS BY WRITING DIGS AT THE FOLLOWING ADDRESS: DIGS, INC., 101 E 6TH ST, SUITE 125, VANCOUVER, WA 98660; YOUR ACCOUNT (IF ANY) MAY BE CLOSED, AND THE VERSION OF THIS SECTION 9 IN EFFECT IMMEDIATELY PRIOR TO THE CHANGE WILL GOVERN ANY DISPUTE THAT AROSE BEFORE YOU REJECTED THE CHANGE.
9.10. Governing Law and Jurisdiction.
Subject to this Section 9, all disputes in connection with the Platform and our services shall be governed by, and construed in accordance with, the laws of the State of Washington, consistent with the Federal Arbitration Act, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above shall take place in the State of Washington in the state or federal courts in Washington and you consent to the exclusive jurisdiction of such courts.
10. General
10.1. Entire Agreement.
These Terms constitute the entire agreement between the parties with respect to your use of the Platform and are binding upon the parties and their successors, and supersede all other previous agreements. It is expressly understood that the provisions herein shall act as a bar to any party hereunder seeking recovery for alleged representations and/or omissions not specifically expressed herein, this representation being a material inducement for all parties to enter into these Terms.
10.2. Monitoring; Analytics.
You understand that Digs may collect and use User Data with respect to use of the Platform, to confirm your compliance with these Terms and for Digs’ other internal business purposes, such as operating and improving the Platform. Digs shall be entitled to collect, generate from any dataset or source, compile, analyze, and otherwise use User Data and any other metadata generated by your use of the Platform for Digs’ internal business purposes or otherwise as permitted by applicable law, including to secure and to improve the Platform. You confirm that you have no expectation of review, compensation, or other consideration for Digs’ use of data in such a manner.
10.3. Force Majeure.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations, other than payment obligations, due to any cause which is beyond its reasonable control and not avoidable through the exercise of reasonable diligence, including, by way of example, but only to the extent beyond the reasonable control of a party and not avoidable through the exercise of reasonable diligence: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terrorism, war, governmental action, earthquakes, pandemics and other public health emergencies.
10.4. Severability; Waiver; Headings.
Any provision of these Terms determined to be unenforceable or invalid by applicable law or court decision shall not render these Terms unenforceable or invalid as a whole and, in such event, such provision shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law or court decision. A party’s failure to require the other party’s performance of any obligation herein shall not affect the full right to require such performance at any time thereafter. A party’s waiver of the other party’s breach of any obligation under these Terms shall not be taken or held to be a waiver of the obligation itself or of any past or subsequent breaches of the same obligation. Headings used in these Terms are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect these Terms.
10.5. Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any rights or obligations, we will endeavor to post notice of the modification on the Platform for a reasonable period of time. Any disputes concerning or related to the Platform will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
10.6. Termination of Access and Use; Discontinuation of the Platform.
If you violate any provision of these Terms, your permission from us to use the Platform automatically terminates. We also reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, with or without notice. Upon the termination of your right to use the Platform, Digs may at its option delete any content you submitted to the Platform.
10.7. Contact.
You may contact us by emailing us at
support@digs.com or for legal notices at
legal@digs.com, or by writing to us at:
Digs, Inc.
101 E 6th St, Suite 125
Vancouver, WA 98660
11. Third Party and Builder Content
Content published by builders on the Platform and User Content from other users do not represent the views of Digs or any individual associated with Digs, and we did not author this content. In no event shall you represent or suggest, directly or indirectly, Digs’ endorsement of any content not authored by Digs. Digs does not vouch for the accuracy or credibility of any builder or user published content on our Platform and does not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such builder or user published content. Through your use of the Platform you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Platform you assume all associated risks.
12. Advertising Rights
Digs reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Platform and Digs and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms obligates or may be deemed to obligate Digs to sell, license or offer to sell or license any advertising, promotion or distribution rights.
13. Transactional Partners
We may partner with builders, vendors, subcontractors, retailers, and other third parties to promote their goods and services within our Platform. In these cases, if you click on a link, you may be taken to our partner’s website and you are transacting directly with the other party. On those pages or locations, the transactional partner’s brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of service. Please note that the foregoing only applies where you leave our Platform. In the event that you purchase a good or service directly through our Platform, these Terms will prevail.
14. Fees
For all charges or deposits for any products or services ordered by you on or through the Platform, Digs or its vendors or agents will bill your bank card or alternative payment method offered by Digs and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Digs and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Platform. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
15. Digital Millennium Copyright Act (“DMCA”) Notice
In operating the Platform, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Platform. Digs has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Platform. Digs has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Digs or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Platform infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is
copyrightagent@digs.com.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Platform that you claim is infringing, with enough detail so that we may locate it on the Platform;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our Platform, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
