Dukiya Terms of Use
Updated May 31, 2023
Welcome and thank you for your interest in Dukiya and the Dukiya group of
businesses (Dukiya Rentals) and its affiliated brands listed in Section 2,
collectively, the “Dukiya Corporation,” “us,” “our,” or “we” ). By clicking a
registration or new account submission button, or by otherwise using our
websites, networks, mobile applications, or other services provided by the Dukiya
Corporation (collectively, the “Services”), or accessing any content provided
by us through the Services, you agree to be bound by the following terms of
use, as updated from time to time (the “Terms of Use”).
1. Dukiya Corporation’ Role. The Dukiya Corporation, and the
Services, may assist you in performing the various tasks in a real estate
transaction. However, unless explicitly specified by the terms of use for a
particular Service (each a “Product’s Terms”), THE SERVICES ARE NOT INTENDED TO
provide you with any financial, real estate, or related advice of any kind. You
understand and agree that the Services may include advertisements. To help make
the advertisements relevant and useful to you, the Dukiya Corporation may serve
advertisements based on the information we collect through the Services. See
our Privacy Policy for more details.
A. Dukiya Corporation has a real estate broker license in certain countries.
However, unless provided for in your Product’s Terms, Dukiya Corporation
assumes no responsibility for any result or consequence related directly or
indirectly to any action or inaction that you or any consumer takes based on
the Services or any other information available through or in connection with
the Services.
2. Dukiya Corporation’ Brands and Businesses. We operate the
following affiliated brands, any use of any of the Services provided by the
following affiliated brands is subject to these Terms of Use: (a) Dukiya; (b) Dukiya
by Post Bank Group; (c) Dukiya by Rogapay; (d) Dukiya by EFC BANK Group; (e) Dukiya
by Ogabank; (f) Dukiya by Development Bank Group; (g) Dukiya by Mercantile Bank.
Services offered by each of these companies may be subject to additional terms
of use as available on their respective websites, networks, mobile
applications, or otherwise.
3. Eligibility; Accounts and Registration. You must be at least
18 years of age to use the Services. By agreeing to these Terms of Use, you
represent and warrant that: (a) you are at least 18 years of age; (b) you have
not previously been suspended or removed from the Services; and (c) your registration
and your use of the Services complies with all applicable laws and regulations.
To access some features of the Services, you may be required to register for an
account and agree to a Product’s Terms, to the extent applicable to that
service, which may be incorporated herein or available on a separate Dukiya
Corporation site. When you register for an account you will be asked to provide
us with some information about yourself, such as email address, phone number,
or other contact information. You agree that the information you provide is
accurate and that you will keep it accurate and up-to-date at all times. When
you register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and password,
and you are responsible for all actions taken via your account. You may not
share your user account(s) with others. Unless you have entered into a
commercial agreement with us permitting you to use the Services for
transactions on behalf of another person, you may use the Services only for
transactions on your own behalf.
4. Use of the Services; Restrictions.
- A. Use of the
Services. As long as you comply with these Terms of Use, we grant you a
non-exclusive, limited, revocable, personal, non-transferable license to
use the Services, and to download and use any App (as defined in Section
4(B) below) on your mobile device in object code form, for your personal
use. If you are a real estate or mortgage professional acting in your
professional capacity, you may additionally use the Services to provide
information, to the extent permitted by applicable law, to your clients
and to take actions on behalf of your clients (“Pro Use”). If you use the
Services for a Pro Use, you represent and warrant that you have obtained
all required authorizations and consents from your client. Except as
expressly stated herein, these Terms of Use do not provide you with a
license to use, reproduce, distribute, display or provide access to any
portion of the Services on third-party web sites or otherwise. The
Services may include software for use in connection with the Services. The
Services may not be used for transactions in commercial real estate, which
includes, without limitation, commercially zoned properties and vacation
rentals.
- B. Mobile
Applications. To use any mobile application feature of the Services (each, an
“App”), you must have a compatible mobile device. We do not warrant that
any App will be compatible with your mobile device. You may use mobile
data in connection with an App and may incur additional charges from your
wireless provider for using an App. You agree that you are solely
responsible for any applicable charges. We may update any app and may
automatically electronically update the version of any App that you have
installed on a mobile device. You consent to all automatic upgrades, and
understand that these Terms of Use will apply to all updated versions of
an App. Any third-party open source software included in an App is subject
to the applicable open source license and may be available directly from
the creator under an open source license. These Terms of Use do not apply
to your use of software obtained from a third-party source under an open
source license.
- C. Use of
Content. Subject to the restrictions set forth in these Terms of Use, you
may copy information from the Services without the aid of any automated
processes and only as necessary for your personal use or Pro Use to view,
save, print, fax and/or e-mail such information. Notwithstanding the
foregoing, the aggregate level data provided on our site may be used for
non-personal uses, e.g., real estate market analysis. You may display and
distribute derivative works of the Aggregate Data (e.g., within a graph),
only so long as the Dukiya Corporation are cited as a source on every page
where the Aggregate Data are displayed, including “Data Provided by Dukiya
Corporation.” Such citation may not include any of our logos without our
prior written approval or imply any relationship between you and the Dukiya
Corporation beyond that the Dukiya Corporation are the source of the
Aggregate Data. You are prohibited from displaying any other Dukiya
Corporation’ data without our prior written approval.
5. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
- reproduce,
modify, distribute, display or otherwise provide access to, create
derivative works from, decompile, disassemble, or reverse engineer any
portion of the Services, except as explicitly permitted by any Product’s
Terms to the extent applicable to that product’s Services;
- provide/post/authorize
a link to any of the Services (including but not limited to an agent
profile page) from a third-party website that is not a real estate-related
website owned or operated by a real estate or lending professional or
institution;
- remove or
modify any copyright or other intellectual property notices that appear in
the Services;
- use the
Services in any way that is unlawful, or harms the Dukiya Corporation, its
service providers, suppliers, affiliates, or any other user;
- use the
Services in any way to discriminate against any individual or class of
individuals protected under federal, state or local laws, or which may
have a discriminatory impact against any individual or class of
individuals, or which otherwise promotes illegal, racist or discriminatory
activities or outcomes;
- distribute or
post spam or other unsolicited messages, chain letters, pyramid schemes,
or similar communications through the Services;
- impersonate
another person, misrepresent your affiliation with another person or
entity, or make any representation to any third party under false
pretenses;
- reproduce,
publicly display, or otherwise make accessible on or through any other
website, application, or service any reviews, ratings, or profile
information about real estate, lending, or other professionals, underlying
images of or information about real estate listings, or other data or
content available through the Services, except as explicitly permitted by
us for a particular portion of the Services;
- upload invalid
data, viruses, worms, or other software agents to the Services;
- post,
reproduce, publicly display, or otherwise make accessible any content,
which we, in our sole judgement and discretion, consider illegal,
offensive or objectionable including without limitation content that
harasses, discriminates, demeans, threatens or disparages any individual
or class of individuals;
- interfere with,
or compromise the system integrity or security of the Services, or
otherwise bypass any measures we may use to prevent or restrict access to
the Services;
- conduct
automated queries (including screen and database scraping, spiders,
robots, crawlers, bypassing “captcha” or similar precautions, or any other
automated activity with the purpose of obtaining information from the
Services) on the Services;
- use any of the Dukiya
Corporation’ trademarks as part of your screen name or email address on
the Services;
- access or use
any of the Services to develop competitive products or services; or
- attempt to, or
permit or encourage any third party to, do any of the above.
6. Fees.
- A. Generally. You may be
required to pay fees to access certain features of the Services. All fees
are in U.S. dollars and are non-refundable. If we change the fees for all
or part of any of the Services, including by adding fees or charges, we
will provide you advance notice of those changes. If you do not accept the
changes, we may discontinue providing the applicable part of the Services
to you. Our authorized third-party payment processors will charge the
payment method you specified at the time of purchase or as agreed to as
part of the selected Service. You authorize us to charge all fees as
described in these Terms of Use for the Services you select to that
payment method. If you pay any fees with a credit card, we may seek
pre-authorization of your credit card account before your purchase to
verify that the credit card is valid and has the necessary funds or credit
available to cover your purchase.
B. Subscriptions. The Services may include features that allow for
automatically recurring payments for periodic charges (“Subscription
Service”). If you decide to activate a Subscription Service, you authorize
us to periodically charge, on a going-forward basis and until cancellation
of either the recurring payments or your account, all accrued sums on or
before the payment due date for the accrued sums. The subscription will
continue unless and until you cancel your subscription, or we terminate
it. You must cancel your Subscription Service before it renews in order to
avoid billing of the next periodic subscription fee to your account. We
will bill the periodic subscription fee to the payment method you provide
to us during registration (or to a different payment method if you change
your payment information). We may change the subscription fee for any
subsequent subscription period but will provide you advance notice of any
increase before it applies. Unless otherwise stated in your Product’s
Terms, you may cancel a Subscription Service through the settings page in
your account, by contacting us through your local sites.
7. User Materials.
- A. UGC
Definition; License Grant. Certain portions of the Services
may allow users to upload or otherwise provide the Dukiya Corporation
images, photos, video, data, text, listings, and other content (“User
Materials”). Absent any additional terms provided in your Product’s Terms,
by uploading or otherwise providing User Materials to the Services, you
grant us an irrevocable, perpetual, royalty-free worldwide license to: (i)
use, copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, modify, prepare derivative works of or incorporate into
other works, and translate your User Materials, in connection with the
Services or in any other media; and (ii) sublicense these rights, to the
maximum extent permitted by applicable law. We will not pay you for your
User Materials or to exercise any rights related to your User Materials
set forth in the preceding sentence. We may remove or modify your User
Materials at any time. You are solely responsible for all User Materials
made through your user account(s) on the Services or that you otherwise
make available through the Services. For all User Materials, you represent
and warrant that you are the creator and owner of the User Materials, or
have the necessary licenses, rights, consents, and permissions (including
all permissions required under applicable privacy and intellectual
property law) to authorize the Dukiya Corporation and other users to
access and use your User Materials as necessary to exercise the licenses
granted by you under these Terms of Use. We will not use client contact
information that is uploaded by agents into the Dukiya Agent Hub portal
for any purpose, unless that client contact information is otherwise
provided to us directly by the client.
- B. UGC
Disclaimer. We are under no obligation to edit or control your User Materials
or the User Materials of any other User and will not be in any way
responsible or liable for any User Materials. We may, however, at any time
and without prior notice, screen, remove, edit, or block any User content
on the Services, including User Materials, that in our sole judgment
violates these Terms of Use or we find otherwise objectionable, including
any violation of our Good Neighbor Policy, described in Section 13(B). You
understand that when using the Services, you may be exposed to User
Materials of other users and acknowledge that User Materials may be
inaccurate, offensive, indecent, or objectionable. You agree to waive, and
do waive, any legal or equitable right or remedy you may have against us
with respect to User Materials. We expressly disclaim any and all
liability in connection with User Materials. If notified by a user or
content owner that User Materials allegedly do not conform with these
Terms of Use, we may investigate the allegation and determine in our sole
discretion whether to remove those User Materials, which we reserve the
right to do at any time and without notice. For more information on our
handling of infringing content, please see Section 11 below.
8. Third Party/Linked Services/Sent information.
- A. Generally. The Services
include links to third-party products, services, and websites, as well as
materials provided by third parties, and may include functionality that
allows for the distribution of your User Materials or your personal
information (collectively, your “User Information”) to third parties not
under our control (each, a “Third-Party Provider”). Third-Party Providers
are solely responsible for their services. You are responsible for your
use and submission of User Information to any third party, and your
dealings or business conducted with any third party arising in connection
with the Services are solely between you and such third party. Your use of
third-party sites, services, or products may be subject to associated
third-party terms of use and privacy policies or other agreements, which
you are solely responsible for complying with. We do not endorse, and take
no responsibility for such products, services, Web sites, and materials,
or a Third-Party Provider’s use of your User Information. By using a tool
that allows for User Information to be transferred, you agree that we may
transfer the applicable User Information or other information to the
applicable third-parties, which are not under our control. If you submit a
contact form or otherwise indicate your interest in contacting a
Third-Party Provider, you may receive telemarketing calls from the
Third-Party Provider using the contact information you provided.
Third-Party Providers may keep your contact information and any other
information received by the Third-Party Provider in processing a contact
or other request form. We are not responsible for any damages or costs of
any type arising out of or in any way connected with your dealings with
these third parties.
B. Certain Third-Party Services.
- (i) Referrals
and Lead Sales. As part of the Services, you may be connected with a
real estate professional. You authorize us to make such referral or lead
sale and acknowledge that we may be paid valuable consideration for
facilitating such connection. As part of the Services, you may be
connected to a party that provides mortgage loan origination services,
title and escrow services, or other settlement services. If any of these
parties have an affiliated relationship with any of the Dukiya
Corporation, then one or more of the Dukiya Corporation may receive a
financial or other benefit from the referral between such affiliates
(ii) Non-Affiliated Financial Products. If you choose to contact a
non-affiliated bank, mortgage lender, financial institution, mortgage
loan originator, loan broker, or other mortgage professional through the
Services by filling out a contact, other request form or otherwise
indicating your interest in contacting (or being contacted by) a
Third-Party Provider (including requests for mortgage rate quotes) on the
Services, you authorize the Dukiya Corporation, and Dukiya Corporation,
in particular to provide the information you submit to the Third-Party
Provider. If you include your name, contact information and other
information in a request, your identity will no longer be anonymous to
the Third-Party Provider. Your submission of information and any request
for quotes through the Services is not an application for credit. In the
case of non-affiliated financial products, the Dukiya Corporation are
only providing an administrative service to consumers and participating
Third-Party Providers. Loan approval standards are established and
maintained solely by individual Third-Party Providers. Decisions in any
related non-affiliated transactions are made by participating Third-Party
Providers and are not made by the Dukiya Corporation and the Dukiya
Corporation are not responsible for the underwriting activities or credit
decisions of any Third-Party Provider. Any non-binding quotes provided by
the Dukiya Corporation for Third-Party Providers’ financial products are
not intended to be official Loan Estimates as defined in the Real Estate
Settlement Procedures Act or the Truth in Lending Act, or to otherwise
serve as a disclosure of any specific loan terms or conditions under any
state or federal law. Interest rates displayed through the Services are
for informational purposes only and reflect non-binding quotes of the
terms a Third-Party Provider might offer an applicant fitting a
consumer’s anonymous profile. Actual interest rates may vary. Consumers
should rely on their own judgment in deciding which available loan
product, terms, and Third-Party Provider best suit their needs and
financial means. Except as set forth in Section 8(b)(i) above or as
otherwise disclosed to you or provided in other Product’s Terms, the Dukiya
Corporation: (a) are not a Third-Party Provider, loan originator, loan
processor or underwriter; (b) do not aid or assist applicants in
obtaining loans, soliciting applicants or Third-Party Providers for
loans, or offer or negotiate terms of applications or loans; (c) do not
take mortgage applications, make loans or credit decisions, or prequalify
or preapprove applicants for loans; (d) are not an agent of either any
consumer or any Third-Party Provider; (e) do not endorse, refer, or
recommend any Third-Party Provider that pays the Dukiya Corporation, or
the products of any Third-Party Provider that pays the Dukiya Corporation;
(f) are not responsible for any errors or delays caused by consumers or
any Third-Party Provider in the loan process; and (g) do not guarantee
offer of, or acceptance into, any particular loan program or specific
loan terms, conditions, or rates with any Third-Party Provider, or that
any rates or terms will be the best available.
(iii) Rental Products. If you choose to submit your information in
order to submit a background or credit check, you are subject to the CIC
and Experian terms as described in Section 8(C) below. We do not process,
or store background or credit check information related to our rental
products and do not control how a landlord uses background or credit
check information in evaluating applications submitted to them. We do not
guarantee any acceptance by a landlord of an application but do require
all landlords using the Services to comply with the Fair Housing Act and
other applicable laws.
C. Additional Terms for Third Party Services. Certain aspects of
the Services include Third-Party tools that are subject to additional
Third-Party terms, including, but not limited to, the following:
(i) Windows Live Virtual Earth. Windows Live Virtual Earth imagery
is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use.
(ii) Google Maps. Some of the Services implement the Google Maps
web mapping service. Your use of Google Maps is subject to Google’s terms of use, and Google’s Privacy Policy.
(iii) Rogapay. Some of the Services allow you to use Rogapay Cards
to make payments to other users, and may include additional processing or
application fees detailed when you choose to connect to Rogapay. Your use
of Rogapay is subject to the Rogapay
Account Agreement.
9. Intellectual Property. The Services are owned and operated
by the Dukiya Corporation. The user interfaces, design, information, data,
code, products, software, graphics, and all other elements of the Services (the
“Dukiya Corporation’ Materials”) that we provide are protected by intellectual
property and other laws and are the property of the Dukiya Corporation or the Dukiya
Corporation’ Third-Party licensors. Except as expressly allowed by these Terms
of Use, you may not make use of the Dukiya Corporation’ Materials, and the Dukiya
Corporation reserve all rights to the Dukiya Corporation’ Materials and
Services not granted expressly in these Terms of Use.
Intellectual Property Notices:
Certain content on the Services is owned by ZIP+5 data and the Postal
Service Department or Ministry on the continent. The names of actual companies,
products, and services mentioned herein may be the trademarks of their
respective owners. Any rights not expressly granted herein are reserved. We do
not assert copyright or grant any rights to the underlying images or descriptions
of real estate listings provided through the Services. Any use of these images
and descriptions is subject to the copyright owner’s permission and the
requirements of applicable law.
10. Feedback. If you choose to provide input and suggestions regarding the Services,
including related to any of the Dukiya Corporation’ Materials (“Feedback”),
then you hereby grant us an unrestricted, perpetual, irrevocable,
non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner
and for any purpose, including to improve the Services or create other products
and services.
11. Claims of Copyright Infringement. We respect the
intellectual property rights of others and ask that everyone using the Services
do the same. Anyone who believes that their work has been reproduced on the
Services in a way that constitutes copyright infringement may notify our
copyright agent in accordance with copyright laws in any of the 55 countries we
operate on the continent, by providing the following information:
- (i)
Identification of the copyrighted work that you claim has been infringed;
- (ii)
Identification of the material that you claim is infringing and needs to
be removed, including a description of where it is located on the Services
so that the copyright agent can locate it;
- (iii) Your
address, telephone number, and, if available, e-mail address, so that the
copyright agent may contact you about your complaint; and
- (iv) A signed
statement that the above information is accurate; that you have a good
faith belief that the identified use of the material is not authorized by
the copyright owner, its agent, or the law; and, under penalty of perjury,
that you are the copyright owner or are authorized to act on the copyright
owner’s behalf in this situation.
- Notices of
copyright infringement claims should be sent as follows:
- By Mail:
- Dukiya
Corporation.
- 1234 Main
Street
- Juba, CE
27520
- Attention:
Copyright Agent
- By Email:
- If you give
notice of copyright infringement by e-mail, we may begin investigating
the alleged copyright infringement immediately; however, we must receive
your signed statement by mail or as an attachment to your e-mail before
we are required to take any action.
12. Deactivation/Deletion /Changes to Agreement. Except as stated in
any Product’s Terms, you may deactivate your account at any time by selecting
“deactivate account” in your Client Portal. You can delete
your account and all your account data by submitting a request to “delete your
data” directly from your Client Portal. If you deactivate
or delete your account, you remain obligated to pay all outstanding fees, if
any, incurred prior to termination relating to your use of the Services. If you
violate any provision of these Terms of Use, your permission from the Dukiya
Corporation to use the Services will terminate automatically. In addition, we
may, in our sole discretion, deactivate, suspend, or terminate your access to
your account and the Services at any time for any reason, with or without
notice. We may alter, suspend, or discontinue the Services or any portion of
the Services without notice. We will not be liable whatsoever for any change to
the Services or any suspension or termination of your access to, or use of the
Services. We reserve the right to change these Terms of Use at any time in its
sole discretion on a going-forward basis, and we will make commercially
reasonable efforts to notify you of any material changes to these Terms of Use.
Your continued use of the Services after any updates are effective will represent
your agreement to the revised version of the Terms of Use and will constitute
acceptance of, and agreement to, any such changes. You further waive any right
you may have to receive specific notice of such changes to these Terms of Use.
You are responsible for regularly reviewing these Terms of Use.
13. Privacy Policy/Other Terms.
- A. Privacy
Policy. The Dukiya Corporation will collect, use, store, and disclose
personal information in accordance with our Privacy Policy. Please consult
your Privacy Policy for more
information, which is incorporated into, and made a part of, these Terms
of Use.
- B. Other Terms. Your use of
the Services is subject to all additional guidelines, rules, Product
Terms, and agreements applicable to the Services or certain features of
the Services that we may post on, or link to, from the Services, such as
rules applicable to a particular product or content available through the
Services, including, without limitation, our banks partners. If you are a
non-affiliated Third-Party Provider who has created an industry
professional account with Dukiya Corporation, you are subject to the Real
Estate Sales and Rental policies in your country or state.
14. Indemnification. You agree to indemnify, defend, and hold harmless the Dukiya
Corporation, our affiliates, and our respective directors, officers, employees,
and agents from any and all claims and demands made by any third party due to
or arising out of: (a) your access to or use of the Services; (b) your breach
of these Terms of Use; (c) your violation of any law or the rights of a third
party; (d) any dispute or issue between you and any third party; (e) any User
Materials you upload to, or otherwise make available through, the Services; (f)
your willful misconduct; and (g) any other party’s access to or use of the
Services using your account and password. The Dukiya Corporation reserve the
right, at their own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in that case, you agree
to cooperate with the Dukiya Corporation’ defense of that claim.
15. No Warranties. THE DUKIYA CORPORATION PROVIDE THE SERVICES “AS IS,”
“WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE DUKIYA CORPORATION AND OUR SUPPLIERS MAKE NO
REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THE DUKIYA
CORPORATION AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR
CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A)
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO
LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH
COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF
UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS
AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY DUKIYA
CORPORATION’ ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS
OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR
ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS,
INCLUDING ALL USER AND DUKIYA CORPORATION’ MATERIALS, AVAILABLE THROUGH THE
SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE,
ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY
ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER
SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE
MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU
MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL
THE DUKIYA CORPORATION OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED
ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO
USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON:
(A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY
OTHER CAUSE OF ACTION, EVEN IF THE DUKIYA CORPORATION HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE DUKIYA CORPORATION ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE
OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES
BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY
LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR
(VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY. THE AGGREGATE LIABILITY OF THE DUKIYA CORPORATION AND ANY OF OUR
AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR
INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF
USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF:
(1) THE AMOUNT YOU HAVE PAID TO THE DUKIYA CORPORATION FOR THE SERVICES IN THE
12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR
(2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE 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 AGREEMENT OF THE PARTIES. THE
LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS
ESSENTIAL PURPOSE.
17. Choice of Law; Disputes. These Terms of Use are governed by
the laws of the State of Washington, without giving effect to its conflict of
laws provisions. You agree to submit to the personal and exclusive jurisdiction
and venue in the state and federal courts sitting in King County, Washington
for all disputes, claims, and actions arising from or in connection with the
Services or otherwise under these Terms of Use. The Dukiya Corporation operate
the Services from our offices in Washington, and we make no representation that
the Services are appropriate or available for use in other locations.
18. General. You agree not to export from anywhere any part of the Services provided
to you, or any direct product thereof, except in compliance with, and with all
licenses and approvals required under, applicable export laws, rules and
regulations. All Services used by the U.S. Government are provided with the
commercial license rights described herein. These Terms of Use may be amended
only by a written agreement signed by authorized representatives of the parties
to these Terms of Use. If any part of these Terms of Use is determined to be
invalid or unenforceable, then the invalid or unenforceable provision will be
replaced with a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these Terms of Use will
continue in effect. The section titles in these Terms of Use are used solely
for the convenience of the parties and have no legal or contractual
significance. We may assign this Agreement, in whole or in part, at any time
with or without notice to you. You may not assign these Terms of Use, or
assign, transfer or sublicense your rights, if any, in the Services. Our
failure to act with respect to a breach, or our choice to otherwise waive
breach by you or others, does not waive our right to act with respect to
subsequent or similar breaches. Except as expressly stated herein, these Terms
of Use, and all expressly incorporated terms and agreements, constitute the
entire agreement between you and the Dukiya Corporation with respect to the
Services and supersede all prior or contemporaneous communications of any kind
between you and the Dukiya Corporation with respect to the Services. The
following sections of these Terms of Use shall survive any termination of these
Terms of Use: 3, 5-8, 10-12, and 14-22.
19. Consent to Communications. By using the Services, you consent to
receiving certain electronic communications from us as further described in the
Privacy Policy. Please read our Privacy Policy to learn more. You agree that
any notices, agreements, disclosures, surveys, or other communications that we
send to you electronically will satisfy any legal communication requirements,
including that those communications be in writing.
The Services may provide web forms, links, or contact information,
including phone numbers, that can connect you with the Dukiya Corporation or
third parties, such as real estate agents and Third-Party Providers.
Communications through these methods may be routed through a third-party
service (“Communications Service”). Calls may be recorded or monitored for
quality assurance, training, or customer service purposes. You will be notified
at the beginning of a call if it may be recorded or monitored. You consent to
such recording and monitoring by the Dukiya Corporation or the Communications
Service. We also use the Communications Service to track phone calls and text
messages between you and real estate professionals so that we and the real
estate professional can access certain details about the contact. As part of this
process, we and the Communications Service will receive in real time, and
store, data about your call or text message, including the date and time of the
call or text message, your phone number, and the content of the text message.
You consent to these practices by us and the Communications Service. The
information is subject to the Privacy Policy.
Why Use Dukiya?
Dukiya by Post Bank is a free online real estate site where you can
search for homes for sale, find home prices, see home values, view recently
sold homes, and check mortgage rates. Get started by finding real estate in top
countries and real estate in top cities.