Terms and Conditions for Digitality Marketing
Effective Date: 04/06/2025
1. Introduction
Welcome to Digitality Marketing ("Company," "we," "us," or "our"). By accessing or using our website www.digitalitymarketing.com ("Website") or engaging with our services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use our Website or services.
These Terms constitute a legally binding agreement and govern your use of the Website and services offered by Digitality Marketing. You should read these Terms carefully. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Website or services. By using our Website, you represent and warrant that you meet these eligibility requirements.
3. Changes to Terms
We may revise these Terms from time to time in our sole discretion. When we do, we will update the "Effective Date." Continued use of the Website after changes are posted constitutes your acceptance of the revised Terms.
4. Use of Website and Services
You agree to use the Website and our services only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit anyone else's use of the Website. Prohibited behavior includes, but is not limited to:
- Violating any applicable local, state, national, or international law
- Interfering with or disrupting the integrity or performance of the Website
- Gaining unauthorized access to systems or networks
- Engaging in any form of automated data collection (e.g., scraping, harvesting)
5. Intellectual Property Rights
All content on the Website (text, graphics, logos, images, video, audio, software, etc.) is the property of Digitality Marketing or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, modify, distribute, or create derivative works without prior written permission.
Any feedback or suggestions you provide regarding our services may be used by us without restriction or compensation to you.
6. Products, Services, and Performance
Descriptions and pricing of services and deliverables on the Website are subject to change without notice. We reserve the right to refuse service or terminate agreements for any reason, including violations of these Terms or unlawful conduct.
All service engagements are governed by the terms in our signed agreement, scope of work, or order form. In the absence of a separate agreement, these Terms apply.
7. Payment and Billing
All fees are due as specified in your agreement or invoice. You agree to provide accurate billing information. Failure to pay may result in suspension or termination of services.
Unless otherwise stated, all payments are non-refundable. We reserve the right to charge interest on late payments and recover any collection costs.
8. Confidentiality
Both parties agree to keep confidential any non-public, proprietary information disclosed during the course of a project or service agreement, including strategies, trade secrets, campaign data, and client information.
This obligation survives termination of the agreement.
9. Third-Party Links and Tools
Our Website may contain links to third-party websites or tools. We do not control and are not responsible for the content or practices of those third parties. Use of such sites is at your own risk.
10. Disclaimer of Warranties
Our Website and services are provided "as is" and "as available" without any warranties, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our services will be error-free, uninterrupted, or secure.
11. Limitation of Liability
To the fullest extent permitted by law, Digitality Marketing, its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising from:
- Your use of or inability to use the Website or services
- Any unauthorized access or use of our servers
- Any bugs, viruses, or harmful code
Our total liability in any matter shall not exceed the amount paid by you for services in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless Digitality Marketing and its affiliates from and against any claims, losses, liabilities, and expenses (including attorney's fees) arising out of your use of the Website or services, your violation of these Terms, or your infringement of any third-party rights.
13. Termination
We reserve the right to suspend or terminate your access to our Website or services at any time, for any reason, including violation of these Terms or applicable law. Upon termination, you must cease all use of the Website and services.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts of Westchester County, New York. You consent to the jurisdiction of such courts.
15. Force Majeure
We shall not be liable for any delay or failure in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, labor disputes, utility failures, or government actions.
16. Entire Agreement
These Terms, along with any additional agreements or policies referenced herein, constitute the entire agreement between you and Digitality Marketing regarding your use of our Website and services.
17. Contact Information
If you have questions about these Terms, please contact us:
Digitality Marketing
📧 contact@digitalitymarketing.com
📍 125 E Main St, Mount Kisco, NY 10549
📞 845-630-7329