Effective Date: July 16, 2023
1. Introduction
Welcome to Denver Digital. These Terms and Conditions govern your use of our website, located at https://denverdigital.com, and all associated services. By accessing and using our services, you agree to comply with these terms.
2. Definitions
“User” refers to anyone who accesses or uses our website and services. “Content” refers to any text, images, video, audio, or other multimedia content, software, or other information or material submitted to or on the website.
3. Services
Denver Digital provides digital marketing services, including SEO, website design, social media management, and PPC advertising. The specific terms of service for each project will be outlined in individual client agreements.
4. User Responsibilities
Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Users agree not to use the website for any unlawful or prohibited activities.
5. Intellectual Property
All content on the Denver Digital website, including text, graphics, logos, and software, is the property of Denver Digital or its content suppliers and is protected by intellectual property laws. Users may not reproduce, distribute, or create derivative works from any content without explicit permission.
6. Payment Terms
Clients will receive invoices for services rendered according to the terms specified in their individual contracts. Payments must be made within the agreed timeframe. Late payments may incur additional fees.
7. Termination
Denver Digital reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason, including breach of the terms.
8. Limitation of Liability
Denver Digital will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.
9. Indemnification
Users agree to indemnify and hold harmless Denver Digital, its affiliates, and their respective officers, agents, partners, and employees from any claims, liabilities, damages, losses, and expenses arising from their use of the website or violation of these terms.
10. Governing Law
These terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.
11. Changes to Terms
Denver Digital reserves the right to modify these terms at any time. Changes will be posted on this page, and continued use of the website constitutes acceptance of the revised terms.
12. Contact Information
For any questions about these Terms and Conditions, please contact us at info@denverdigital.com or visit our office at 1624 Market Street, Suite 301, Denver, CO.
13. Data Protection and Privacy
Denver Digital is committed to protecting your privacy. Our Privacy Policy, available on our website, outlines how we collect, use, and safeguard your personal information. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
14. Use of SMS and MMS Messaging
Denver Digital may send SMS and MMS messages for notifications, alerts, promotions, and updates. By providing your phone number, you consent to receive such messages. You may opt-out at any time by following the instructions provided in the messages or contacting us directly.
15. Compliance with A2P 10DLC Regulations
Denver Digital complies with the A2P 10DLC regulations for business messaging. This includes ensuring all messages are sent with proper consent, providing clear opt-out instructions, and maintaining high message delivery standards to avoid spam and unauthorized communications.
16. Prohibited Uses
Users may not use our services for any illegal or unauthorized purpose. This includes, but is not limited to, sending unsolicited commercial messages, engaging in fraud, phishing, or other deceptive practices, and violating any laws or regulations related to telecommunications and consumer protection.
17. User-Generated Content
Users may submit content, including comments, reviews, and feedback. By submitting content, you grant Denver Digital a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display your content. Users must ensure their content is lawful, accurate, and does not infringe on third-party rights.
18. Dispute Resolution
Any disputes arising from or related to these terms or the use of our services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Denver, Colorado, and the decision of the arbitrator will be final and binding.
19. Consent to Receive Communications
By providing your contact information, you consent to receive communications from Denver Digital, including but not limited to, SMS and MMS messages. You acknowledge that message and data rates may apply.
20. Opt-Out Procedures
Users may opt-out of receiving SMS and MMS messages at any time by following the opt-out instructions provided in the messages or by contacting us directly at info@denverdigital.com. Opt-out requests will be honored promptly.
21. Frequency of Messages
The frequency of SMS and MMS messages will vary depending on the user’s engagement with our services and promotional campaigns. Users will be informed of the expected frequency during the opt-in process.
22. Message Delivery and Accuracy
Denver Digital is not responsible for any delays or failures in message delivery. Users should ensure that their contact information is accurate and up-to-date.
23. Customer Support
For support related to SMS and MMS messaging, users can contact Denver Digital at info@denverdigital.com or call our customer service number listed on our website.
24. Data Security
Denver Digital implements reasonable security measures to protect the information collected through SMS and MMS communications. However, we cannot guarantee the absolute security of such information.
25. Disclaimer of Warranties
The services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
26. Force Majeure
Denver Digital will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, or other labor disputes, embargoes, government orders, or any other force majeure event.
27. Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
28. Entire Agreement
These terms constitute the entire agreement between you and Denver Digital regarding the use of our services and supersede any prior agreements or understandings, whether written or oral.
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
