Terms And Conditions | Digital Marketing Lab
Terms And Conditions 2017-05-08T13:34:20+00:00

Terms And Conditions

Terms

The materials contained in this website are protected by applicable copyright and trademark law.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Digital Marketing Lab, LLC’s use of cookies in accordance with the terms of Digital Marketing Lab, LLC’s privacy policy.

Use License

Unless otherwise stated, Digital Marketing Lab and/or it’s licensors own the intellectual property rights for the website and all material on Digital Marketing Lab’s website. Subject to the license below, all these intellectual property rights are reserved.

Permission is granted to temporarily download one copy of the materials (information or software) on Digital Marketing Lab, LLC’s website for personal, non-commercial transitory viewing only. You may view and/or print pages from http://www.digitalmlab.com for your own personal use subject to restrictions set in these terms and conditions.

This is the grant of a license, not a transfer of title, and under this license you may not:

    1. Modify, edit or copy any material on the website;
    2. use the materials for any commercial purpose (including selling, renting or sub-licensing), or for any public display (commercial or non-commercial)
    3. attempt to decompile or reverse engineer any software contained on Digital Marketing Lab, LLC’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
    6. Republish material from this website in neither print nor digital media or documents (including republication on another website);
    7. redistribute material from this website – except for content specifically and expressly made available for redistribution;
    8. republish or reproduce any part of this website through the use of iframes or screenscrapers.
    9. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Acceptable use

You must not

  • Use this Website in any way that is or may be damaging to this Website;
  • Use this Website in any way that impacts user access to this Website;
  • Use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Restricted access

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Digital Marketing Lab, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Digital Marketing Lab, LLC reserves the right to restrict access to areas of this website, or indeed this entire website, at Digital Marketing Lab, LLC discretion.

If Digital Marketing Lab, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

Digital Marketing Lab, LLC may disable your user ID and password in Digital Marketing Lab, LLC sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose, including blog comments.

You grant to Digital Marketing Lab, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Digital Marketing Lab, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Digital Marketing Lab, LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Digital Marketing Lab, LLC reserves the right to edit or remove any material submitted to this website, or stored on Digital Marketing Lab, LLC servers, or hosted or published upon this website at any time without notice, when considered in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Notwithstanding Digital Marketing Lab, LLC rights under these terms and conditions in relation to user content, Digital Marketing Lab, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Comments do not reflect the views or opinions of Digital Marketing Lab, LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Digital Marketing Lab shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Coaching Terms

  • Each package must be used within 3 months of purchase. Any unused portion will be lost.
  • All sessions are arranged in advance at a time and place that is mutually agreeable.
  • All sessions that are greater than 15 miles from our office will be held via GoToMeeting (or other) unless otherwise arranged and travel expenses are compensated.
  • Each session is up to 60mins and if for any reason the participant is late arriving then the session will be shorter, unless the time change is agreed prior.
  • A minimum of 24hrs notice is required to reschedule/cancel a coaching session. If we do not receive this, the scheduled block will be lost.
  • Sessions have to be booked via the booking page on the website.
  • Link to the pre-session consulting questionnaire will be available after scheduling your first session.
  • First 1-on-1 consulting session have to be scheduled at least 10 days after sending back the pre-session consulting questionnaire.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Digital Marketing Lab, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Digital Marketing Lab, LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

Digital Marketing Lab, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Digital Marketing Lab, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Digital Marketing Lab, LLC liability in respect of any:

  • death or personal injury caused by Digital Marketing Lab, LLC negligence;
  • fraud or fraudulent misrepresentation on the part of Digital Marketing Lab, LLC; or
  • matter which it would be illegal or unlawful for Digital Marketing Lab, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Digital Marketing Lab, LLC has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Digital Marketing Lab, LLC officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Digital Marketing Lab, LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Digital Marketing Lab, LLC.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Digital Marketing Lab, LLC and undertake to keep Digital Marketing Lab, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Digital Marketing Lab, LLC to a third party in settlement of a claim or dispute on the advice of Digital Marketing Lab, LLC legal advisers) incurred or suffered by Digital Marketing Lab, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Digital Marketing Lab, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Digital Marketing Lab, LLC may take such action as Digital Marketing Lab, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Digital Marketing Lab, LLC may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Digital Marketing Lab, LLC may transfer, sub-contract or otherwise deal with Digital Marketing Lab, LLC ‘s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Digital Marketing Lab, LLC’s Privacy Policy, constitute the entire agreement between you and Digital Marketing Lab, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with laws of the State of WA, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the state and federal courts located in WA for the resolution of any disputes.