Terms & Conditions
These Terms & Conditions where last updated on April 5, 2018
TERMS AND CONDITIONS OF DIGITAL RENEGADES, LLC
DIGITAL RENEGADES IS A WEB HOSTING AND MAINTENANCE SERVICE WITH OPTIONAL FAST-TRACK FEATURES FOR MAXIMUM WEBSITE SUCCESS:
Welcome to Digital Renegades, LLC! We are website maintenance and development experts. For the business owner who does not have time to maintain the company’s website in the way that it needs to be optimally managed, we step in and provide affordable options that will keep your customers happy and your website secure and up-to-date.
As online business gets more competitive, websites increasingly need regular maintenance technological updates, security checks, evaluations, and data backup. We protect against hackers and, if there is a breach of security, we clean it up and get you up again without inordinate delay. We offer a selection of different website care plans suited to a small business budget which range from unmanaged hosting through premier website maintenance and progressive upgrades. We can provide the state-of-the-art tools that you need to rise to the top of the online providers in your field or industry. These features are fully explained on our website; they are described further in these Terms and Conditions below.
Please review the following terms carefully. The terms “us” or “we” or “our” refers to Digital Renegades, LLC. These terms are interchangeable and should be understood to be one entity, collectively and generically referred to herein as “Digital Renegades.” It is the owner of this Website and the proprietor of any products or services offered for purchase, and the owner of any apps that may from time to time be offered or provided for mobile devices or other platforms. The terms “I”, “you”, “me”, “customer”, “client”, “user”, refers collectively and interchangeably to the user who peruses the website and to the customer who orders a service from Digital Renegades. This may refer to a single individual, or collectively to a business entity for which the person is an authorized agent or employee. These terms are gender neutral and may be used interchangeably without specific limitation. The references to the customer who has purchased services or is contemplating purchasing services are collectively and generically referred to herein as the “Client.”
TERMS AND CONDITIONS CONSTITUTE A BINDING LEGAL AGREEMENT
BY ACCESSING THIS SITE, YOU AGREE AND HEREBY ACKNOWLEDGE THAT YOU ARE ENTERING A LEGALLY BINDING CONTRACT. YOU HEREBY AGREE THAT IF ANY POLICIES OR PROVISIONS CONTAINED IN THE TERMS AND CONDITIONS, ALSO CALLED THE AGREEMENT, ARE NOT ACCEPTABLE, THAT YOU WILL IMMEDIATELY CEASE FROM THE REGISTRATION PROCESS AND WILL EXIT THE WEBSITE AND THE SERVICES.
YOU UNDERSTAND THAT THIS AGREEMENT CONTAINS WAIVERS OF YOUR RIGHTS, WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT DIGITAL RENEGADES’ LIABILITY TO YOU AND/OR TO THE BUSINESS ENTITY THAT MAY BE REPRESENTED IN THE ACCOUNT (TO THE EXTENT ALLOWED BY LAW).
YOU AGREE THAT THERE IS GOOD AND VALUABLE CONSIDERATION PASSING BETWEEN BOTH PARTIES TO THE AGREEMENT, AND YOU HEREBY ACKNOWLEDGE YOUR VOLUNTARY INTENTION TO BE LEGALLY BOUND TO ALL PROVISIONS AND MATERIALS THAT COMPRISE THE AGREEMENT.
YOU AGREE TO COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, AND ANY SOFTWARE PROVIDED THEREIN.
YOU ARE BOUND TO THE TERMS AND CONDITIONS
By accessing or using the service, you, the Client, hereby verify and agree that you and/or the business entity represented, are lawfully able to enter contracts; that you are at least 18 years old; that you have read all the provisions in this agreement and agree to be bound by them; in addition, you have obtained the legal assistance, if any, that you feel that you need to understand these provisions prior to going forward. You hereby certify that you have the authority to bind any business entity represented in the Client account to these terms and conditions. You understand and agree that if you do not have such authority, that you are prohibited from using or accessing the website or the products and services available through Digital Renegades and you agree to immediately exit the site. You will provide us with any proof of authorization to act that we may from time to time request.
STARTING AN ACCOUNT, PASSWORD AND ACCOUNT SECURITY.
- Digital Renegades has the sole right and discretion to determine whether to accept you as a User of the website and/or as a client of our services, with or without explanation. When you complete the registration process, you will choose or receive a password that will allow you to access our website and services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
- By creating an account, you agree that you may receive communications from Digital Renegades, such as newsletters, special offers, account reminders, and updates. You also understand that you can remove myself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
- The Client hereby acknowledges, understands and agrees to:
- Furnish factual, correct, current and complete information regarding the Client and the Client’s personal and business data as required by the Digital Renegades registration process;
- Furnish factual, correct, current and complete information with regards to the Client’s website as may be requested by the data registration process, and
- Maintain and promptly update the Client’s registration, profile, business and website information to maintain accuracy and completeness always.
- If anyone knowingly provides false, untrue, deceptive, inaccurate or incomplete information, Digital Renegades has the right in its discretion to suspend or terminate the violating User/Client, and to refuse all current or future use of Digital Renegade’s services, or any portion thereof, including the processing or completion of any pending transactions and the forfeiture of payments made.
UNDER 18 REQUIRES FAMILY ACCOUNT:
- Digital Renegades has a priority of assuring the safety and privacy of all its visitors, users and clients, especially that of children. Children may not legally contract to purchase products or services that we offer, per the law in many jurisdictions. Persons under the age of 18 are therefore not allowed to create an account and become a User or Client.
- However, we do provide the option of allowing the parents or legal guardian of any child under the age of 18 that wish to permit their children access to the Digital Renegades website under their full supervision, to create an account in the name of the parent or legal guardian. The adult agrees to create an account acceptable to Digital Renegades, and agrees to be the signatory and the party legally responsible for all financial and other obligations, as the contracting party to the agreement. The parent or legal guardian agrees to ratify and to pay all purchases made by the minor of any products or services. Any violation of this requirement may result in cessation of all services or products, including loss of funds or disruption of a pending transaction.
- Our procedure and policies are designed to be fully compliant with federal mandates embodied in the Children's Online Privacy Protection Act (“COPPA”), which provides children and their parents or guardians with meaningful protection of their privacy rights. In that connection, we do not collect information from or accept any form of account relating to any minor 13 years of age or younger.
By registering for a Digital Renegades account on the Site (an “Account”), or by clicking to accept the Terms and Conditions when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on that date, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you can electronically receive, download, and print this Agreement, the other Terms and Conditions, and any amendments.
There may be links provided in our website to outside services and resources. These linked sites are not a part of Digital Renegades, but you may be bound to the terms and conditions of those sites. Whenever you access a link to another entity that is separate from Digital Renegades, you are responsible to read and follow the separate terms and conditions of that entity. We are not responsible for any transactions or activities that you may engage in or encounter on those sites because we do not control or influence them in any way.
We may amend this Agreement at any time without specific notice to you, except that amendments will be posted on the website. If you continue to use the services, that is confirmation by you of your acceptance of the amendment(s) or changes. The latest Agreement, with all changes or modifications, will always be accessible on our Website, and for that reason, your continued use of the site is evidence of your acceptance of any updates, revisions, amendments, changes, deletions, additions or modifications to this Agreement. Therefore, you acknowledge that it is important for you to visit the website and this page periodically to review the Agreement for changes.
Digital Renegades grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Digital Renegades.
OUR INTELLECTUAL PROPERTY
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Digital Renegades.
Our content in our website and services is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such content is prohibited. Your use of our website and services does not grant you any ownership or other rights to our content, trademarks, logos, or other intellectual property.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA), pursuant to United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2) A description of the copyrighted work that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on our Website; 4) Your address, telephone number, and email address; 5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material that you are using is protected by copyright laws, we suggest that you first contact an attorney.
Our address for communications described above:
Intellectual Property Agent Digital Renegades
1870 Willow Ct
Kissimmee FL 34744
Direct your comments or questions to us via our contact form.
For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
By purchasing a service package, you are engaging Digital Renegades (Digital Renegades LLC), as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Digital Renegades access and “write permissions” to all directories and files of your account, including those involving a third-party hosting provider. You hereby authorize Digital Renegades to link any necessary third- party management systems to maintain the accounts. You grant permission to us to install any necessary WordPress plugins that we deem in our reasonable discretion to be necessary or beneficial for maintenance and security purposes.
PROHIBITED ACTIVITIES AND HOUSE RULES
The Client agrees to be bound by the following basic rules that shall guide the Client’s behavior and responsibilities on the Digital Renegades website, app(s) and with respect to the Digital Renegade’s services. The following shall apply also to any new uses, technology, or resources initiated by Digital Renegades after the date of publication of these Terms and Conditions.
In using the Digital Renegade website or the Digital Renegades services, the Client agrees that it shall not do nor allow others to do any of the following, upon penalty of law and at the risk of being suspended from the site and/or fined, penalized and subjected to appropriate legal consequences. We may also suspend or terminate services to you in the event of a violation. In addition to other restrictions in the terms and conditions, the Client is bound to honor, and the Client agrees that it shall not:
- Create a false identity for the Client’s business or personal identity, including by falsely stating his/her/its background or factual characteristics;
- Impersonate any person or entity or misrepresent their affiliation with anyone;
- Use or attempt to use another's account;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or method);
- Disclose information or personal data that you are unauthorized to disclose or that violates the privacy or confidentiality of others;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from our website, any software code that is part of our website or any services that are offered or provided, without the prior express written permission of Digital Renegades and the appropriate third party, if applicable;
- Upload, post, email, transmit or otherwise distribute or display any material that is unlawful, fraudulent, deceptive, harmful, threatening, abusive, bullying, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, or is otherwise objectionable in the discretion and determination of Digital Renegades;
- Use the Digital Renegades website or services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
- Use or distribute at any time or in any manner, any material, data or programs that contain software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted to or through the Digital Renegade’s website, or the Client’s website, or impersonate another person or organization;
- Interfere with or disrupt the Digital Renegades website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures that Digital Renegades utilizes;
- Modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Digital Renegade’s website or any app(s) or services it provides, or otherwise attempt to derive the source code for the services provided, or any related technology, or any part thereof;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Digital Renegades website or services;
- Override any security features of the Digital Renegade’s websites or in the services provided to you;
- Violate in any manner or for any reason any local, state, federal, national or international law or regulation;
- Provide informational support or resources, conceal and/or disguise the character, location, and or source of any organization designated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act or other laws of the United States or other countries with respect to terrorist organizations;
- Intentionally or unintentionally violate any requirements, procedures, policies, or regulations of networks connected to the Digital Renegades platform or services, or engaging in any activity prohibited by these Terms and Conditions;
- Use any robot, spider, scraper, or other automated means to access the Digital Renegades website or corrupt the Digital Renegades services for any purpose;
- Conduct server hacking or promote hacking, cracking or other cybercrimes or activities;
- Take or perform any actions, or suffer any omissions, inimical in any way to these terms and conditions, or in violation of law, or in any way deemed to be undesirable or potentially damaging or reflecting badly on the Digital Renegades website, products or services, in the sole and exclusive discretion of Digital Renegades.
INTRODUCTION TO DIGITAL RENEGADE’S SERVICES:
Our website describes the details of each service that we provide. We create new websites, maintain existing ones, provide dynamic social media management, and unmanaged web hosting. We also provide state-of-the-art web marketing strategies to help increase your website business. Please see all provisions and subsections in the Limitations of Liabilities & Disclaimer of Warranties Section below for the disclaimers of warranties and other limitations of Digital Renegade’s responsibility for its products and services. The Client at all times understands and agrees that Digital Renegades cannot and does not guarantee the results of its products or services nor is it in any way responsible for the vagaries of a Client’s business successes or failures.
NEW WEBSITE CREATION:
When the Client requests us to create a new website, we will have the client fill out a website worksheet. There you will tell us about your business, your site and your needs. We will get back and give you our evaluation and discuss a plan for going forward. The worksheet gives us the chance to understand the dynamics and needs of your website much better than with only a cursory and limited registration form. We delve into the details of your operation and let you decide on the level of services you want to order, and the precise features you want us to develop for your website. You purchase maintenance services from us going forward at your option. We will assure your privacy and the protection of your intellectual property at all times. We do not share the information with third parties except as is necessary to complete our part of the contract of services for you.
WEBSITE CARE PLANS:
We provide website care plans, designed for small business websites with a need for maintenance and hosting. A Web Site Care Plan offers managed hosting, weekly security scans, monthly website backup, and a Malware Cleanup Protection Guarantee. This plan also includes managed WordPress updates if applicable, monthly care reports and one monthly minor audit. Other features may be included from time to time, and you will find them listed in the relevant sections of our website.
SOCIAL MEDIA MANAGEMENT:
Our Social media plans gives a specific amount of researched and targeted posts on the largest social media platforms on a weekly basis. You will receive a link to a social media dashboard that will provide the status and tracking information on your program in real time. The specific services and packages that we provide will always appear on our website for you to make your selection. Features may change or be modified, so that you will always find the current features on our website.
UNMANAGED WEB HOSTING:
This is a web hosting package without the extra services provided in our other plans. The client is totally responsible for the management, maintenance and settings of the website. You will always have the option of upgrading from this basic, no-frills service if you wish. Again, check our website for the specific details associated with this plan.
DISCLAIMERS AND LIMITATIONS APPLY.
Please see all provisions and subsections the Limitations of Liabilities & Disclaimer of Warranties Section below for the disclaimers of warranties and other limitations of Digital Renegade’s responsibility for its products and services. The Client at all times understands and agrees that Digital Renegades cannot and does not guarantee the results of its products or services nor is it in any way responsible for the vagaries of a Client’s business successes or failures. Digital Renegades does not assure, warrant, or guarantee any increased search engine placement, any increased or improved social media impact on your business, nor any increase in business in any way from our services. Google, Microsoft and other search engine or search services control the listings in their search services, and can change their algorithms at any time, so that search engine standing is a difficult pursuit to predict with any assurance. Ultimately, that is a prospect that depends not only on the website presentation, but on each individual business enterprise and its total array of products, services and customer interest.
THIRD PARTY OR CLIENT PAGE MODIFICATION
- With a WordPress based website, client may independently edit or update its web pages after completion or maintenance services by Digital Renegades, unless otherwise agreed upon by agreement of client and Digital Renegades.
- If the client, or any person or entity other than Digital Renegades or its subcontractors, attempts to edit or update the web site, or otherwise makes changes or modifications that cause damage to the design of the site, or that impair the ability for the web pages to display or function properly, the time for Digital Renegades to repair the web pages will be assessed at an hourly rate of $60 per hour. There is a one-hour minimum charge.
PRICING & PAYMENTS
All prices appearing on this site are subject to change without notice. Once a client of Digital Renegades, you authorize Digital Renegades to charge the payment method you submitted for all the invoices generated for the services rendered by Digital Renegades. Our system is based on pre-payment of services for each 30-day interval (calendar month). In order to cancel your recurring payment or change the payment method, simply contact Digital Renegades at least five days prior to your subscription renewal date. See the relevant provisions in the next paragraph, “Pre-Payment, Cancellation and Refunds.”
WE HAVE A NO REFUND, NO CHARGEBACK POLICY. Although partial or total refunds may be paid at Digital Renegade’s discretion under very limited circumstances, the rule in most instances is that we do not issue refunds and we prohibit and may penalize your use of chargeback procedures with your payment service. If you have an issue with a charge or payment to us, you hereby agree to contact us first for clarification of the charge before you contact your credit card company to request a dispute or reversal of the charge. Therefore, if you want to use the service, you hereby agree that chargebacks are not to be used under any circumstances. You shall not make any chargebacks and/or deny or reverse any payment made by you regarding a bill owed to Digital Renegades, and you shall reimburse Digital Renegades for any loss or damage that we incur because of any such action by you or your financial institution or representative, including reimbursement to us of reasonable attorney’s fees and costs incurred in collecting the amount owed to Digital Renegades. In any event, you promise to pay promptly all your debts to Digital Renegades, and you agree that Digital Renegades shall have all rights of collection stated herein.
PRE-PAYMENT, CANCELLATION and REFUNDS
- You can cancel a monthly recurring services agreement at any time after the expiration of the first 30 days of service. No Refunds are available after your initial purchased package or service has been started, unless otherwise specified and authorized by Digital Renegades. In addition, we do not provide refunds for your payment already received if you cancel prior to the expiration of any current month’s services.
- We will take payment from the payor designated by you for each successive 30-day period at any time within 72 hours prior to your monthly subscription renewal date and up until the end of that renewal date, and no refunds are provided for those withdrawals. That is why you must inform us of a cancellation at least five days prior to your subscription renewal date to avoid being charged for the next 30-day renewal period.
- In addition, if you cancel during a 30-day renewal period and you request a partial refund for the remainder of the 30 days, that will be an invalid request. Thus, if you cancel, for example, on the 15th of the month, and if your subscription renewal date is at the end of that month, you will not receive a refund for the remaining days of the month, but your service will continue to the end of the 30-day contracted service, and will cease at that time, unless you direct us to stop the service prior to that normally scheduled expiration date.
We will cease to provide services on your subscription renewal date if you have either notified us of a cancelation prior to that date or if you fail to provide pre-payment for the renewal of the next 30-day period of service, or if you withdraw the authorized pre-payment from your payor for the subscription renewal.
REFUSAL OF SERVICE
We reserve the right to refuse service or to cease service without notice to any individual or business entity at any time, when, in our sole discretion, we believe that the Client has not cooperated in living up to its obligation to pay us for our services as provided in these Terms and Conditions. At any time that we may agree to resume a service agreement after cessation of same for any reason, there will be a $50.00 reconnection/resumption of services fee. The Client hereby agrees that in such circumstances, it grants Digital Renegades the full authority to charge and obtain payment of that resumption of services fee, and the normal monthly fees agreed by the parties, through the payment method or any of the methods previously provided to Digital Renegades for the collection of services fees.
Digital Renegades reserves the right to refuse or to cease existing services to any individual or business entity, when in our sole discretion, we determine that the Client’s website or blog(s) contain inflammatory, offensive, obscene, hateful, malicious content or for any other reason that we believe is offensive or illegal.
ADDITIONAL SERVICES OR CANCELLATIONS.
At its discretion, Digital Renegades may offer additional website Services and/or products, and this Agreement shall apply to all additional services and/or products that the you purchase or select for your program. Digital Renegades does hereby reserve the right to cancel and cease offering any of the services and/or products. In some cases, such services may become unavailable within the market or for reasons not within our control. You, as the end user and/or client, acknowledge, accept and agree that Digital Renegades shall not be held liable for any such updates, cancellations, suspensions, modifications, revisions, or discontinuance of any of our services and/or products. Check our refund policy online or in these terms and conditions for any partial refunds that may become due in the event of a service or product that is prematurely canceled or suspended.
DISPUTE RESOLUTION AND DAMAGES CAP
- Resolution of Conflicts Procedure: Digital Renegades is committed to providing a great service to our clients. We therefore expect to resolve any issues between us in a mutually satisfactory manner. Most disputes or disagreements are minor, and they are resolved in-house between us on an informal basis. When you have an issue, you may communicate directly with a representative of the company. If the initial contact does not resolve your issue, then put it in writing and send to email@example.com. We will review again and respond within 24 hours. We will continue to discuss the issue if we are still at an impasse. This will be a process of mediation where we will try to find an acceptable ground for both sides of the issue. If there is no possibility of a resolution, you will have the option of bringing a civil action in a court of applicable jurisdiction and venue, with the limitation of the damages cap listed below.
- Damages Cap, Attorneys Fees and Costs: However, you hereby agree that damages are limited to the maximum sum of $500 or the total purchases paid by you to Digital Renegades within the 12 months before the dispute arose, whichever is greater. If litigation, whether initiated by you or by Digital Renegades, results in a judgment or verdict in favor of Digital Renegades, you agree to pay for Digital Renegades reasonable legal fees and costs in conducting or defending the action, and to have that amount entered and recorded as a part of any judgment entered against you.
- Arbitration: We reserve the right to amend at any time our dispute resolution procedures to include an Arbitration provision for the resolution of any conflicts in lieu of allowing a court action hereunder. Always check this page for changes to our dispute resolution procedure.
CLASS ACTION WAIVER
The Client hereby affirms that it understands and agrees that the Client may only resolve disputes with Digital Renegades pursuant to the dispute resolution provisions stated in this agreement, and that the Client may not bring or join a claim as a plaintiff or a class member in a class, consolidated, or representative action. The Client understands and agrees that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited by this agreement.
LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES
Although there are limitations to our liability, your satisfaction is very important to us. We encourage you to contact us at any time that you feel that our services are not in accordance with our mutual agreement. We hope to avoid conflicts by having our courteous, proactive administrative staff assist you every step of the way and try to accommodate your expressed needs within reasonable standards accepted in the industry.
However, you, the Client, affirm that you understand and agree that the intensity of competition online is great, and we must limit our potential liability to the maximum degree allowed by law. Therefore, you agree to the following limitations, and if you do not, you will cease the registration process and exit the site. Your continued use of the site indicates your voluntary understanding and agreement to the following limitations, waivers, disclaimers, hold harmless provisions and to other such provisions contained elsewhere in the Terms and Conditions.
PLEASE READ AND UNDERSTAND OUR LIMITS OF LIABILITY BEFORE ORDERING SERVICES.
NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY IN YOUR JURISDICTION.
TO THE EXTENT PERMITTED BY LAW, THE CLIENT/CUSTOMER, UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE SERVICES OFFERED BY DIGITAL RENEGADES ARE PROVIDED IN "AS IS" CONDITION, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT DIGITAL RENEGADES HAS MADE NO REPRESENTATION OR WARRANTY THAT ITS SERVICES WILL OBTAIN THE OUTCOME THAT CLIENT WANTS, OR THAT THEY WILL BE EFFECTIVE, PROFITABLE, ACCURATE, RELIABLE, SECURE, UNINTERRUPTED, TIMELY, VALID, ERROR-FREE, OR WITHOUT DEFECT OF ANY KIND. DIGITAL RENEGADES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE CLIENT’S WEBSITE WILL MEET THE CLIENT'S REQUIREMENTS OR THAT THE OPERATION OF THE WEBPAGES WILL BE UNINTERRUPTED OR ERROR-FREE.
THE CLIENT EXPRESSLY AND VOLUNTARILY AGREES THAT ITS USE OF, OR INABILITY TO USE, THE FUNCTIONS CONTAINED IN ITS INTERNET WEBSITE IS AT ITS OWN SOLE RISK. THE CLIENT AGREES THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR THE CLIENT’S USE, WITHOUT WARRANTIES OF ANY KIND. THE CLIENT UNDERSTANDS AND AGREES THAT IT IS ENTIRELY RESPONSIBLE AND LIABLE FOR THE WEBSITE, AS THE OWNER OR MANAGER, AND THE CLIENT HEREBY ASSUMES THE ENTIRE RISK RELATING IN ANY WAY TO THE QUALITY, PERFORMANCE, FUNCTIONING, ACCURACY, AND CONTENT OF THE SITE OR ANY PART OF IT.
THE CLIENT EXPLICITLY AND VOLUNTARILY ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT DIGITAL RENEGADES AND ITS AFFILIATES, LICENSORS, SUBSIDIARIES, OFFICERS, EMPLOYEES, OWNERS, AGENTS, SUCCESSORS OR ASSIGNS, SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTIES, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR EXEMPLARY DAMAGES, ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE CLIENT’S WEBPAGES OR WEBSITE, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPLACEMENT COSTS, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH DIGITAL RENEGADES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE DAMAGES RESULT FROM DIGITAL RENEGADE’S OWN NEGLIGENCE.
THE PARTIES VOLUNTARILY AGREE AND UNDERSTAND THAT DIGITAL RENEGADES DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE CLIENT’S WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONS, AND THAT DIGITAL RENEGADES DISCLAIMS ANY LIABILITY RELATING THERETO.
CONTENT OF MANAGED WEBSITE
THE CLIENT AND DIGITAL RENEGADES HEREBY AGREE THAT DIGITAL RENEGADES DOES NOT ASSUME AND DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE CONTENT, ACCURACY OR IMPACT OF THE WEBSITES IT MANAGES, MAINTAINS AND/OR HOSTS. SUCH LIABILTIY AND RESPONSIBILITY IS ASSUMED AND UNDERTAKEN BY THE CLIENT IN ALL RESPECTS, AND ANY LOSSES INCURRED ARE A NORMAL AND NATURAL RESULT OF THE RISKS OF DOING BUSINESS.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
THE CLIENT HEREBY ACKNOWLEDGES THAT NOTHING CONTAINED IN OUR WEBSITE OR SERVICES PROVIDED TO THE CLIENT SHALL CONSTITUTE FINANCIAL, INVESTMENT, STRATEGIC, ARTISTIC, LEGAL AND/OR OTHER PROFESSIONAL ADVICE AND THAT NO PROFESSIONAL RELATIONSHIP OF ANY KIND IS CREATED BETWEEN THE CLIENT AND DIGITAL RENEGADES OR ITS OFFICERS, OWNERS, AGENTS OR EMPLOYEES. CLIENT HEREBY AGREES THAT IT WILL NOT MAKE ANY FINANCIAL, INVESTMENT, LEGAL AND/OR OTHER BUSINESS DECISION BASED IN WHOLE OR IN PART ON ANYTHING CONTAINED IN THE DIGITAL RENEGADES WEBSITE OR IN OR FROM THE SERVICES THAT DIGITAL RENEGADES PROVIDES TO THE CLIENT.
THE CLIENT HEREBY UNDERSTANDS AND AGREES THAT DIGITAL RENEGADES IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT OF ANY KIND ON THE DIGITAL RENEGADES WEBSITE OR FOR ANY CONTENT OR TECHNOLOGY REGARDING DIGITAL RENEGADE’S SERVICES PROVIDED TO CLIENT’S WEBSITE. THE PARTIES UNDERSTAND AND AGREE THAT THE DIGITAL RENEGADES WEBSITE OR ITS SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR VARIOUS REASONS. THE PARTIES AGREE THAT DIGITAL RENEGADES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, CLIENT COMMUNICATIONS OR OPERATIONS IN ANY WAY, RELATING EITHER TO USE OR ACCESS TO THE DIGITAL RENEGADES WEBSITE OR WITH RESPECT TO THE SERVICES THAT DIGITAL RENEGADES IS PERFORMING ON THE CLIENT’S WEBSITE. DIGITAL RENEGADES IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ITS WEBSITE OR THE CLIENT’S WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO CLIENT’S OR TO ANY OTHER PERSON’S WEBSITE, COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE DIGITAL RENEGADES WEBSITE OR ITS SERVICES PROVIDED TO THE CLIENT’S WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE PROVIDED THROUGH ITS WEBSITE OR THROUGH ITS MAINTENANCE OR HOSTING SERVICES TO THE CLIENT’S WEBSITE. THE CLIENT HEREBY AFFIRMS THAT IT UNDERSTANDS AND AGREES THAT DIGITAL RENEGADES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE DIGITAL RENEGADES WEBSITE OR DIGITAL RENEGADE’S SERVICES PROVIDED TO THE CLIENT, OR RESULTING FROM ANYONE’S USE OF THE CLIENT’S WEBSITE, OR CLIAMED TO BE RESULTING FROM DIGITAL RENEGADE’S SERVICES PROVIDED TO THE CLIENT. IN ADDITION, THE PARTIES VOLUNTARILY AGREE THAT DIGITAL RENEGADES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND TO CLIENT’S WEBSITE OR INTERESTS AS A RESULT OF THE PRE-AGREEMENT EXAMINATION, EVALUATION, AND INSPECTION OF THE CLIENT’S WEBSITE IN ANTICIPATION OF THE POSSIBILITY OF PROVIDING FUTURE SERVICES TO THE CLIENT.
THE CLIENT HEREBY AGREES THAT DIGITAL RENEGADES AND ITS EMPLOYEES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS, WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT WHERE THE DELAY OR FAILURE RESULTS FROM ANY CAUSE BEYOND DIGITAL RENEGADE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD; LABOR DISPUTES OR OTHER INDUSTRIAL DISTURBANCES; SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES; EARTHQUAKE, STORMS OR OTHER ELEMENTS OF NATURE; BLOCKAGES, EMBARGOES, RIOTS, ACTS OR ORDERS OF GOVERNMENT; ACTS OF TERRORISM OR WAR; AND/OR INTERNET SERVICE PROVIDER FAILURE OR DELAY, OR FAILURE OF SERVICE DUE TO ATTACK BY HACKERS. CLIENT AGREES AND DOES WAIVE, RELEASE AND REMISE ANY CLAIMS OR ACTIONS WHATSOEVER, FOR ALL TIME, ARISING OUT OF SUCH CAUSES, AND CLIENT HEREBY AFFIRMS THAT HE/SHE/IT WILL PROTECT, INDEMNIFY AND HOLD DIGITAL RENEGADES HARMLESS FOR ANY CLAIMS RESULTING FROM OR CONNECTED WITH ALL SUCH EVENTS AND INTERRUPTIONS.
HOLD HARMLESS CLAUSE
THE CLIENT/CUSTOMER, ALSO HEREBY AGREES TO INDEMNIFY, SAVE AND HOLD DIGITAL RENEGADES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS, FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ITS USE OF THE SITE, OR ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS BY CLIENT, AND ANY OTHER CLAIMS OR LIABILITIES ARISING OUT OF CLIENT’S USE OF THE SERVICES, THE USE OF THE PLATFORM OR ANY USE OR PROVISION OF THE SERVICES OR THE PLATFORM BY ANY THIRD PARTY USING CLIENT’S WEBPAGE WITH OR WITHOUT CLIENT’S AUTHORIZATION.
ADVERTISERS, MERCHANTS AND SPONSORS DISCLAIMER
The Digital Renegades website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website is accurate and complies with applicable laws. The parties agree that Digital Renegades is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY DIGITAL RENEGADES AND IT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED IN ANY ADVERTISEMENTS THAT MAY FROM TIME TO TIME APPEAR ON ITS WEBSITE.
Digital Renegades may from time to time allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions between you and other Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other. WE URGE YOU TO EXAMINE THE POLICIES AND TERMS OF THOSE MERCHANTS SHOULD YOU VENTURE ONTO THEIR SITES OR DECIDE TO CONSIDER PURCHASING PRODUCTS OR SERVICES FROM THEM.
ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
The following provisions set forth the administrative rules and other miscellaneous principles that are a part of our Agreement with you, the Client receiving our services.
The headings in these Terms & Conditions are a matter of convenience only, and no legal import should be attributed to the wording or placement of the headings.
GOVERNING LAW, JURISDICTION AND VENUE:
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Florida without regard to its choice of law provisions. Where these terms permit a court action, you, the Client, hereby agree that you shall file the action in the courts of the state of Florida. You agree to submit to the jurisdiction of the Florida courts and agree to waive all objections to the exercise of jurisdiction and/or venue in such courts.
NO THIRD-PARTY BENEFICIARIES
The parties agree that this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
The parties agree that the Client will not assign this Agreement, or delegate or sublicense any of its rights under the Terms and Conditions, without the prior written consent of Digital Renegades. Any assignment or transfer in violation of this provision will be void. Subject to the foregoing, this Agreement is binding upon, and inures to the benefit of the parties and their respective successors and assigns.
This Agreement, i.e., the Terms and Conditions, as defined herein, represents the entire agreement between the Client (including any person or business entity connected to the account) and Digital Renegades regarding the services and products purchased or accessed. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between Client and Digital Renegades, whether written or verbal.
WAIVER AND SEVERABILITY OF TERMS
If any provision of this Agreement is determined and ordered by a court to be invalid or unenforceable, such determination shall not affect the validity, survivability or enforceability of the remaining provisions of the Agreement, nor shall such determination have any effect on the validity and enforceability of any provisions of this Agreement in another jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any other provision of this Agreement. At any time, should Digital Renegades fail to exercise or enforce any right or provision of the Terms and Conditions, such failure shall not constitute a waiver of such right or provision.
Digital Renegades will deliver any notices required by this agreement to you at an address (including email) as set out in the Account information you have provided. Such required notices will also be published on the website, usually in your account but sometimes on a page of general access.
If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us via any of the methods below.