Terms of Service for MODRN Digital
Last Updated: July 18, 2024
1. Introduction
Welcome to MODRN Digital. These Terms of Service ("Terms") govern your access to and use of MODRN Digital's website and services, including any content, functionality, and services offered on or through www.modrndigital.com (the "Website"). Please read these Terms carefully before you start to use the Website or our services.
2. Acceptance of the Terms
By using the Website or our services, you accept and agree to be bound and abide by these Terms of Service. If you do not agree to these Terms, you must not access or use the Website or our services.
3. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website or our services following the posting of revised Terms means that you accept and agree to the changes.
4. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
5. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MODRN Digital, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Any intellectual property provided by the client belongs to the client. Any strategies or custom intellectual property created to serve a client belongs to MODRN Digital and can be used at its discretion, including anything that was developed prior to the client hiring MODRN for services.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate MODRN Digital, a MODRN Digital employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm MODRN Digital or users of the Website, or expose them to liability.
7. Services and Pricing
MODRN Digital offers a range of digital marketing services, including Social Media, Paid Advertising, SEO, Text Messages, CRM build outs, and Email marketing. We also offer free Digital Evaluations and audits.
Pricing for our services is provided upon request and may vary based on the scope and complexity of the project. All prices are subject to change without notice.
8. Free Services
MODRN Digital offers free Digital Evaluations and audits. While these services are provided at no cost, they are subject to these Terms of Service.
9. User Representations
By using the Website or our services, you represent and warrant that:
- You are at least 18 years old.
- You have the legal capacity and you agree to comply with these Terms.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Website through automated or non-human means, whether through a bot, script or otherwise.
- You will not use the Website for any illegal or unauthorized purpose.
10. Fees and Payment
Fees for our services will be as set forth in a separate agreement between you and MODRN Digital. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website.
11. Cancellation and Refunds
MODRN Digital does not offer refunds for any of its services. Cancellation for marketing plans requires no less than a 60-day notice prior to the renewal date. Failure to provide such notice may result in automatic renewal of services.
12. Geographical Restrictions
The use of MODRN Digital's services may be subject to geographical restrictions. MODRN Digital reserves the right to restrict access to its services on a case-by-case basis at its sole discretion.
13. Disclaimer
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MODRN DIGITAL NOR ANY PERSON ASSOCIATED WITH MODRN DIGITAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
14. Limitation on Liability
MODRN DIGITAL IS NOT LIABLE FOR ANY DAMAGES IN ANY SHAPE OR FORM. IN NO EVENT WILL MODRN DIGITAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
15. Indemnification
You agree to defend, indemnify, and hold harmless MODRN Digital, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
16. Third-Party Tools
MODRN Digital uses third-party tools and services to measure traffic analytics, including but not limited to Google Analytics, Google Search Console, Metricool, and Search Atlas. By using our Website and services, you consent to the collection and use of your data by these third-party tools in accordance with their respective privacy policies.
17. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama.
18. Waiver and Severability
No waiver by MODRN Digital of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MODRN Digital to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Entire Agreement
These Terms constitute the sole and entire agreement between you and MODRN Digital regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
20. Contact Information
This Website is operated by MODRN Digital. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [Insert Contact Information].
By using the MODRN Digital Website or services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Website or services.