digitalLM Terms of Service
Last updated: June 26, 2024
digitalLM, Inc. and/or its affiliates ("digitalLM", "we" or "us") operate an online platform ("digitalLM Services") through which we provide digital marketing services and software development ("digitalLM Products and Services").
These Terms of Service apply to the content and functionality of the digitalLM Services, and to the digitalLM Products and Services. These Terms of Service do not apply to other products or services that we may offer pursuant to different terms, such as our payment processing services, which are governed by the digitalLM Services Agreement.
1. Information that you provide to us You may give us information about yourself when you use the digitalLM Services. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you use the digitalLM Services and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
2. digitalLM IP As between you and digitalLM, digitalLM and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the digitalLM Services (collectively, "digitalLM IP"). digitalLM IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in digitalLM IP not expressly granted to you in these Terms of Service are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the digitalLM Services or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that digitalLM has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to digitalLM Services digitalLM grants you a limited, revocable, non-exclusive, non-transferable license to access the digitalLM Services. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content, and Specifications Details of the digital marketing services and software development available through the digitalLM Services ("digitalLM Products and Services") are set out on our website. All features, content, specifications, products, and prices of products and services described or depicted on the digitalLM website are subject to change at any time without notice. The inclusion of any products or services at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By engaging our services, you represent that they will be used only in a lawful manner.
5. Subscriptions
- a. Subscription terms: We may offer you the ability to purchase subscriptions for our services. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
- b. Free trials and promotional periods: If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
- c. Cancellation: Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
6. Your account We may require that you create an account to access the digitalLM Services, including to engage our services. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Service delivery and returns This Section 7 applies to digitalLM Products and Services. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.
Orders are delivered as per the terms specified at the time of purchase. If we provide you with an estimated delivery date, the estimated delivery date is not guaranteed, and unexpected events beyond our control could impact the delivery date. digitalLM is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in service delivery.
Unless otherwise noted in the product description, digitalLM Products and Services may be cancelled under certain conditions outlined in the specific service agreement. To begin the return or cancellation process, please contact us. Instructions will be provided based on the specific service agreement. digitalLM will cover any costs associated with justified service cancellations and will refund your purchase price in accordance with the agreed terms.
8. Sanctions and export policy You may not use the digitalLM Services or purchase any digitalLM Products and Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the digitalLM Services or any digitalLM Products and Services are or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
9. No warranties We provide the digitalLM Services, digitalLM IP, and digitalLM Products and Services "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty, or guarantee. No data, documentation, or any other information provided by digitalLM or obtained by you from or through the digitalLM Services - whether from digitalLM or another entity, and whether oral or written - creates or implies any warranty from digitalLM to you.
digitalLM disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the digitalLM Services; (b) that the digitalLM Products and Services will meet your specific needs or requirements; (c) that the digitalLM Services will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that digitalLM will correct any defects or errors in the digitalLM Services; or (e) that the digitalLM Services are free of viruses or other harmful code. Use of data, products, or services that you access, purchase, or download through the digitalLM Services is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase, or download.
Nothing in these Terms of Service operates to exclude, restrict or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under any law (including the Australian Consumer Law (ACL)) where to do so would: (i) contravene that law; or (ii) cause any term of these Terms of Service to be void.
10. Limitation of liability Under no circumstances will digitalLM be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the digitalLM Services, digitalLM Products and Services, or your account, or the information contained therein.
To the maximum extent permitted by applicable law, digitalLM and the other digitalLM parties will not be liable to you under any theory of liability - whether based in contract, tort, negligence, strict liability, warranty, or otherwise - for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if digitalLM or the other digitalLM parties have been advised of the possibility of such damages.
The total liability of digitalLM and the other digitalLM parties for any claim arising out of or relating to these Terms of Service or the digitalLM Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use or access the digitalLM Services. The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of digitalLM or the other digitalLM parties or for any other matters in which liability cannot be excluded or limited under applicable law.
11. Disputes These Terms of Service and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Exclusive jurisdiction and venue for actions related to these Terms of Service or your use of the digitalLM Services will be the state and federal courts located in San Francisco County, California, United States, and both parties consent to the jurisdiction of such courts with respect to any such actions. The United Nations Convention on the International Sale of Goods will not apply to these Terms of Service. If any provision of these Terms of Service is found to be invalid, the remaining provisions will remain in full force and effect, and the invalid provision will be modified so that it is valid and enforceable to the maximum extent permitted by law. You may not assign any rights or obligations under these Terms of Service, in whole or in part, to any third party without the prior written consent of digitalLM.
12. Termination and suspension We may terminate your access to all or any part of the digitalLM Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms of Service, you must stop using the digitalLM Services. Any provisions of these Terms of Service, that by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Miscellaneous digitalLM’s failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of digitalLM. Any attempted transfer or assignment in violation hereof will be null and void. These Terms of Service, together with any amendments and any additional agreements you may enter into with digitalLM in connection with the digitalLM Services, will constitute the entire agreement between you and digitalLM concerning the digitalLM Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the digitalLM Services.
14. Contact information Notices to you may be made via the digitalLM Services. digitalLM may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the digitalLM Services. Notices to digitalLM must be sent to: [Legal Department, digitalLM, LLC 9100 Conroy Windermere Rd Ste 200, Windermere, FL 34786]
