Terms Of Service

TERMS AND CONDITIONS
www.digitalbiz.agency
Effective date: 19th April 2024

1. Introduction

1.1 Acceptance of Terms Welcome to Digital Biz Agency ("Company", "we", "our", or "us"). This website, accessible from https://digitalbiz.agency, is designed to provide digital marketing courses with master resell rights. By accessing and using our site, you agree to be bound by these Terms and Conditions ("Terms") and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using our site.

1.2 Changes to Terms We reserve the right to modify these Terms at any time. Changes will become effective immediately upon their posting on the website. Your continued use of the site after such posting will constitute acceptance of the revised Terms. We will always make a reasonable effort to notify you of any significant changes.

2. Legal Compliance

2.1 Compliance with Laws You agree to use this site in strict compliance with all applicable local, state, federal, and international laws, regulations, and treaties, including but not limited to those related to data privacy, international communications, and the exportation of technical or personal data.

This site is protected and the Google Privacy Policy and Terms of Service apply.

3. User Eligibility

3.1 Age Requirement This Site is offered and available only to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all foregoing eligibility requirements.

3.2 Jurisdictional Restrictions You must not access or use the Site if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you access the Site from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.

4. Account Registration and Management

4.1 Account Creation To access certain features of the Site, you must register for an account. When creating your account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

4.2 Account Responsibilities You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security.

5. Intellectual Property Rights

5.1 Ownership of Content All materials displayed or performed on the site (including, but not limited to text, graphics, articles, photographs, images, illustrations, and software) are the proprietary property of the Company or its licensors and are protected by both domestic and international intellectual property laws.

5.2 Grant of License You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the resources available for download from the Site strictly in accordance with these Terms.

6. User Conduct

6.1 Prohibited Activities You agree not to engage in any of the following prohibited activities: copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.

6.2 Content Standards You agree not to post, upload, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

7. Services and Course Disclaimer

7.1 Course Description Digital Biz Agency provides digital marketing courses with master resell rights. We strive to describe and display our services as accurately as possible. However, we do not guarantee that the course descriptions are accurate, complete, reliable, current, or error-free.

7.2 No Guarantee of Results The Company makes no guarantee regarding the results that you will see from using the information provided on the website. You agree that your use of or reliance on any course materials is solely at your own risk and that the Company is not responsible for any failures or discrepancies that may result.

7.3 Availability of Services The Company reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and the Company will not be liable to you or to any third party should it exercise such rights.

8. Refunds and Cancellations

8.1 No Refund Policy Digital Biz Agency provides digital content, which is accessible immediately upon purchase. Therefore, we do not offer refunds for any purchases made on the website. By agreeing to these terms, you acknowledge that all purchases are final and non-refundable.

8.2 Cancellation of Services You may choose to discontinue your use of any of our services at any time. However, please note that discontinuing use does not entitle you to a refund of any portion of your payment, and you will be responsible for any outstanding payments due at the time of cancellation.
For more information on this section, please refer to our Refund Policy & Income Disclaimer.

9. Intellectual Property Infringement

9.1 Copyright Claims If you believe that your copyright has been infringed upon by our website content, please inform us by providing a detailed account of the alleged infringement, including the specific material claimed to be infringing and its location on the site.

9.2 Response to Claims Upon receipt of a valid infringement notification, we will remove or disable access to the infringing material and notify the content provider of the issue. Repeat offenders will have all material removed from the website and their access terminated.

10. Limitation of Liability

10.1 Disclaimer of Warranties You expressly agree that use of the site is at your sole risk. The site and any data, information, third-party software, reference sites, services, or software made available in conjunction with or through the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied.

10.2 Limitation of Liability To the fullest extent permitted by law, in no event will Digital Biz Agency, its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses arising out of or related to your use of the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise.

11. Indemnification

11.1 General You agree to indemnify, defend, and hold harmless Digital Biz Agency, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

12. Modifications to the Service

12.1 Rights of Modification Digital Biz Agency reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Digital Biz Agency shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

13. Termination

13.1 Termination by Company Digital Biz Agency may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

13.2 Termination by User You may terminate your account at any time by following the instructions on the website. However, you will not receive a refund for any service already paid for, unless otherwise specified in these Terms.

13.3 Effect of Termination Upon termination of your account, your right to use the service will immediately cease. All provisions of these Terms which, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution

14.1 Governing Law These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.2 Arbitration Agreement In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

15. Accessibility

15.1 Accessibility Commitment Digital Biz Agency is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

15.2 Feedback for Accessibility We welcome your feedback on the accessibility of Digital Biz Agency. Please let us know if you encounter accessibility barriers on Digital Biz Agency by contacting support@digitalbiz.agency.

16. Third-Party Links

16.1 Third-Party Sites The Site may contain links to third-party websites or services that are not owned or controlled by Digital Biz Agency. Digital Biz Agency has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

16.2 Disclaimer for Third-Party Links You further acknowledge and agree that Digital Biz Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

17. Amendments and Modifications

17.1 Notice of Amendments We reserve the right to amend or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

17.2 Acceptance of Amendments By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

18. Data Protection

18.1 Commitment to Data Protection We take the protection and security of your personal information very seriously. We will process your personal information in accordance with our Privacy Policy, which sets out our data protection policies and procedures.

18.2 Data Usage Your information will not be shared, sold, rented, or disclosed apart from as described in the Privacy Policy.

18.3 Phone (Voice & Text Messages)
You consent to receive text message(s) when filling out webforms, reaching out to support and sales agents, placing an order, scheduling or making a call, ect. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Force Majeure

19.1 Non-liability for Force Majeure Digital Biz Agency shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Digital Biz Agency's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

19.2 Mitigation In the event of a force majeure, we will do everything in our power to resume service as soon as possible.

20. Entire Agreement

20.1 Completeness of the Agreement These Terms constitute the entire agreement between you and Digital Biz Agency regarding your use of the Site, superseding any prior agreements between you and Digital Biz Agency regarding your use of the Site.

20.2 Precedence In the event of any inconsistencies between these Terms and any future published terms of use or understanding, the last published Terms or terms of use shall prevail.

21. Severability

21.1 Validity of Provisions If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

22. Non-Waiver

22.1 Enforcement of Terms Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

23. Assignment

23.1 Prohibition on Transfer You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment or transfer without such consent will be null and void.

23.2 Company’s Right to Assign Digital Biz Agency may assign or transfer its rights and obligations under these Terms at any time without restriction.

24. Notifications

24.1 Method of Notification We may provide notifications to you as required by law or for marketing or other purposes via email, phone, and text to the primary email address and phone number specified in your account, hard copy, or posting of such notice on our digital platform. We are not responsible for any automatic filtering you or your network provider may apply to email, phone, and text notifications.

25. Copyright and Trademark

25.1 Copyright Protection All content on the Site including text, graphics, logos, images, as well as their selection and arrangement, is owned by Digital Biz Agency or its licensors and is protected by copyright and intellectual property laws. You are not permitted to use, modify, distribute, or reproduce the content without our express written consent.

25.2 Trademarks The trademarks, logos, and service marks displayed on the Site are the registered and unregistered marks of Digital Biz Agency or its licensors. Nothing contained on this Site grants, by implication, estoppel, or otherwise, any license or right to use any marks displayed on the Site without the prior written permission of Digital Biz Agency or the respective owner.

26. Confidentiality

26.1 Confidential Information You may obtain direct access to certain confidential information of Digital Biz Agency and its affiliates, including business secrets, methods, policies, and procedures. You must hold and maintain in strict confidence all such confidential information, and not disclose to any third party without the prior written approval of Digital Biz Agency.

26.2 Exclusions The obligations set forth in this section shall not apply to any information that (a) was known to the public prior to its disclosure or becomes known to the public subsequently through no fault of your own; (b) is disclosed to you by a third party legally entitled to make such disclosure without a confidentiality obligation.

27. Feedback and User Submissions

27.1 Submission of Ideas Digital Biz Agency encourages users to submit feedback, ideas, and suggestions for improvements to the Site ("Feedback"). You acknowledge and agree that all Feedback you give will be considered non-confidential and non-proprietary.

27.2 Use of Feedback You hereby grant to Digital Biz Agency a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to copy, distribute, transmit, publicly display, use, reproduce, modify, publish, edit, translate, create derivative works from, and display the Feedback in any manner and for any purpose, including commercial purposes.

28. Compliance with Export Laws

28.1 Export Control You agree to comply with all export laws and regulations of the United States and other applicable jurisdictions. You promise not to — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service provided on the Site to any destination, entity, or person prohibited by the laws or regulations of the United States.

28.2 Responsibility You bear responsibility for complying with U.S. export laws and regulations and all other applicable laws and regulations governing exports, re-exports, and transfers of Digital Biz Agency’s products and services and will obtain all required U.S. and local authorizations, permits, or licenses.

29. Governing Language

29.1 Language of the Terms These Terms and Conditions were written in English. If they are translated into other languages and there is a discrepancy between the English text and the translation, the English text will prevail.

30. Health and Safety

30.1 Compliance You agree to comply with all applicable health and safety regulations and to use Digital Biz Agency services and products in a manner that does not pose a health or safety hazard to yourself or others.

31. Ethical Use Policy

31.1 Ethical Standards You agree to use the Site and its content ethically without infringing on the rights of others or trying to harm, misuse, or get unauthorized access to any system, data, password, or other information, whether it belongs to Digital Biz Agency or another party.

31.2 Reporting Unethical Use You commit to reporting any unethical use of the Site or violations of these Terms to Digital Biz Agency immediately upon recognition.

32. Children's Privacy

32.1 Age Limitations The Site is not intended for individuals under the age of 18. If we learn that we have collected personal information from children under 18, we will take steps to delete that information from our servers immediately.

33. Contact Us

33.1 Contact Information For any questions, concerns, or complaints regarding these Terms, please contact us at:

Email: support@digitalbiz.agency

Mailing Address:
Digital Biz Agency
539 W. Commerce St Suite #4415
Dallas, TX 75208

34. Survival

34.1 Ongoing Obligations The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

35. Legal Effectiveness

35.1 Acknowledgment of Understanding By using our Site and services, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.