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Website Terms Of Use

Agreement between User and http://TheDigitalDonkey.com

Welcome to http://TheDigitalDonkey.com. The http://TheDigitalDonkey.com website (the “Site”) is comprised of various web pages operated by The Digital Donkey LLC

http://TheDigitalDonkey.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). 

Your use of http://TheDigitalDonkey.com constitutes your agreement to all such Terms.

Please read these terms carefully, and keep a copy of them for your reference.

http://TheDigitalDonkey.com is a Marketing Site that provides marketing advice and services through the use of webinars, educational videos,

and various online platforms for businesses that need the assistance of a digital marketing agency.

TheDigitalDonkey.com also manages some of it’s customer’s sites under this domain on their behalf

through use of a sub-domain or sub-directory (“xyz”.TheDigitalDonkey.com or TheDigitalDonkey.com/”xyz”)

1) Privacy

Your use of http://TheDigitalDonkey.com is subject to The Digital Donkey LLC’s Privacy

Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data

collection practices.

2) Electronic Communications

Visiting http://TheDigitalDonkey.com or sending emails to The Digital Donkey LLC constitutes as

electronic communications. You consent to receive electronic communications and you agree that all

agreements, notices, disclosures and other communications that we provide to you electronically, via

email, and on the site, satisfy any legal requirement that such communications be in writing.

3) Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that The Digital Donkey LLC is

not responsible for third party access to your account that results from theft or misappropriation of

your account. The Digital Donkey LLC and its associates reserve the right to refuse or cancel

service, terminate accounts, or remove or edit content in our sole discretion.

The Digital Donkey LLC does not knowingly collect, either online or offline, personal

information from persons under the age of eighteen (18). If you are under eighteen (18), you may use

http://TheDigitalDonkey.com only with permission of a parent or guardian.

4) Cancellation/Refund Policy

Should you choose to cancel a purchase made through this site, it is on the sole responsibility of the customer and the vendor.

The Digital Donkey LLC, or any of it’s sub-domains takes no liability in refunding through a sub-domain managed on behalf of the client.

Products purchased directly in agreement with The Digital Donkey LLC have a 24 hour cancellation policy. 

5) Links to Third Party Sites/Third Party Services

http://TheDigitalDonkey.com may contain links to other websites (“Linked Sites”). The Linked

Sites are not under the control of The Digital Donkey LLC and The Digital Donkey LLC is

not responsible for the contents of any Linked Site, including without limitation any link contained

in a Linked Site, or any changes or updates to a Linked Site. The Digital Donkey LLC is

providing these links to you only as a convenience, and the inclusion of any link does not imply

endorsement by The Digital Donkey LLC of the site or any association with its operators.

Certain services made available via http://TheDigitalDonkey.com are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

http://TheDigitalDonkey.com domain, you hereby acknowledge and consent that The Digital Donkey LLC.

may share such information and data with any third party with whom The Digital Donkey LLC has a

contractual relationship to provide the requested product, service or functionality on

behalf of http://TheDigitalDonkey.com users and customers.

6) No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

http://TheDigitalDonkey.com strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to The Digital Donkey LLC that you will not use the Site for any

purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner

which could damage, disable, overburden, or impair the Site or interfere with any other party’s use

and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of The Digital Donkey LLC,

or its suppliers and protected by copyright and other laws that protect intellectual property

and proprietary rights. You agree to observe and abide by all copyright and other proprietary

notices, legends or other restrictions contained in any such content and will not make any changes

thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

The Digital Donkey LLC content is not for resale. Your use of the Site does not entitle you to

make any unauthorized use of any protected content, and in particular you will not delete or alter

any proprietary rights or attribution notices in any content. You will use protected content solely

for your personal use, and will make no other use of the content without the express written

permission of The Digital Donkey LLC and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant you any licenses, express

or implied, to the intellectual property of The Digital Donkey LLC or our licensors except as

expressly authorized by these Terms.

7) International Users

The Service is controlled, operated and administered by The Digital Donkey LLC from our offices within the USA.

If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.

You agree that you will not use The Digital Donkey LLC’s Content accessed through http://TheDigitalDonkey.com

in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

8) Indemnification

You agree to indemnify, defend and hold harmless The Digital Donkey LLC, its officers,

directors, employees, agents and third parties, for any losses, costs, liabilities and expenses

(including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the

Site or services, any user postings made by you, your violation of any terms of this Agreement or

your violation of any rights of a third party, or your violation of any applicable laws, rules or

regulations. The Digital Donkey LLC reserves the right, at its own cost, to assume the exclusive

defense and control of any matter otherwise subject to indemnification by you, in which event you

will fully cooperate with The Digital Donkey LLC in asserting any available defenses.

9) Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. The Digital Donkey LLC AND/OR ITS SUPPLIERS

MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

The Digital Donkey LLC AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF

ANY KIND. The Digital Donkey LLC AND/OR ITS SUPPLIERS HEREBY

DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL The Digital Donkey LLC AND/OR ITS SUPPLIERS BE LIABLE FOR

ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF

OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,

WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF

THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF The Digital Donkey LLC OR ANY OF

ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

10) Termination/Access Restriction

The Digital Donkey LLC reserves the right, in its sole discretion, to terminate your access to the

Site and the related services or any portion thereof at any time, without notice. To the maximum

extent permitted by law, this agreement is governed by the laws of the State of Georgia and you

hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising

out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does

not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and The Digital Donkey LLC as a result of this agreement or use of the Site. The Digital Donkey LLC‘s

performance of this agreement is subject to existing laws and legal process, and

nothing contained in this agreement is in derogation of The Digital Donkey LLC’s right to comply

with governmental, court and law enforcement requests or requirements relating to your use of the

Site or information provided to or gathered by The Digital Donkey LLC with respect to such

use. If any part of this agreement is determined to be invalid or unenforceable pursuant to

applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth

above, then the invalid or unenforceable provision will be deemed superseded by a valid,

enforceable provision that most closely matches the intent of the original provision and the

remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the

entire agreement between the user and The Digital Donkey LLC with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and The Digital

Donkey LLC with respect to the Site. A printed version of this agreement and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon or relating to

this agreement to the same extent and subject to the same conditions as other business documents

and records originally generated and maintained in printed form. It is the express wish to the parties

that this agreement and all related documents be written in English.

11) Changes to Terms

The Digital Donkey LLC reserves the right, in its sole discretion, to change the Terms under

which http://TheDigitalDonkey.com is offered. The most current version of the Terms will

supersede all previous versions. The Digital Donkey LLC encourages you to periodically review the Terms to stay informed of our updates.

12) Contact Us

The Digital Donkey LLC welcomes your questions or comments regarding the Terms of Use:

Email Address:

terms@TheDigitalDonkey.com

 

Effective as of January 1, 2018