Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Digital Solutions LLC ("Digital Solutions," "we," "us" or "our") governing your access to and use of digitalsolutions-agency.net and its content. By accessing or using the website, you acknowledge that you have read, understood and agree to these Terms and our Privacy Policy.

If you use the website on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization. If you do not agree to these Terms or lack authority to accept them, do not use the website. You must be at least 18 years old and legally capable of entering into this agreement.

2. About the company

Digital Solutions LLC is a limited liability company organized in the State of New Mexico, United States. We provide business-to-business marketing technology, advertising, analytics and related operational services.

Our registered office is:

Digital Solutions LLC
120 Madeira Drive NE, STE 219
Albuquerque, New Mexico 87111
United States

3. Scope of services

We build and operate infrastructure for online education and information businesses. Depending on a client's requirements, our work may include funnel and landing-page development, CRM architecture and operation, marketing automation, advertising management, integrations, analytics, attribution, data operations and reporting.

The website provides general institutional and informational material only. It is not an offer, proposal or commitment to provide any service on any particular scope, schedule, price or commercial term. Services are provided only under a separate written agreement accepted by Digital Solutions and the relevant client.

Descriptions of capabilities, processes or service categories on the website are illustrative and may change. A specific engagement includes only the deliverables, responsibilities and terms stated in its applicable written agreement.

4. Website use and acceptable use

You may use the website only for lawful purposes and in accordance with these Terms. You are responsible for your activity and for ensuring that your use does not interfere with the website, our systems or the rights of another person.

You must not:

• violate any applicable law, regulation, court order or third-party right;
• attempt to gain unauthorized access to the website, servers, accounts, data or connected systems;
• introduce malware, harmful code or material designed to disrupt, damage or monitor systems without authorization;
• probe, scan or test a vulnerability, or bypass security, access-control or rate-limiting measures;
• scrape, crawl, harvest or extract website content or data by automated means except as permitted by applicable law or our written consent;
• impersonate another person, misrepresent an affiliation or submit false, deceptive or fraudulent information;
• use the website to transmit spam, unlawful advertising or infringing, defamatory, abusive or harmful material; or
• copy, modify, reverse engineer or exploit any portion of the website except as expressly permitted by law.

We may investigate suspected misuse and cooperate with lawful requests from authorities. Authorization to use the website ends immediately if you breach this section.

5. Intellectual property

The website and its content, including text, graphics, logos, visual design, layout, software and other materials, are owned by or licensed to Digital Solutions and are protected by intellectual property and unfair competition laws. Digital Solutions LLC's name, logo and branding may not be used in a way that suggests endorsement, affiliation or authorization without our prior written consent.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and view the website for your internal informational and legitimate business purposes. This license does not permit commercial republication, distribution, modification, creation of derivative works, framing, mirroring or sale of website content.

No right, title or interest is transferred to you except for the limited license expressly stated above. Rights in client deliverables, third-party materials and pre-existing tools are governed by the applicable service agreement or third-party license.

6. Client engagements and separate agreements

Client services are governed by a separately signed service agreement, statement of work, order form or other written agreement. Those documents may address scope, fees, payment, deliverables, intellectual property, confidentiality, data processing, warranties, liability and other engagement-specific matters.

If these Terms conflict with a signed written service agreement between Digital Solutions and a client, the signed service agreement prevails with respect to that client engagement. These Terms continue to govern use of the public website to the extent they do not conflict with the signed agreement.

Discussions, demonstrations, estimates and draft proposals do not create an obligation to begin work. An engagement starts only in accordance with the acceptance and commencement provisions of the applicable written agreement.

7. Payments processed on behalf of partner companies

Digital Solutions may collect and process payments on behalf of partner companies that sell education, information or related products and services. When we do so, Digital Solutions LLC may appear as the payer or merchant of record on a customer's bank, card or payment account statement. The applicable partner company remains responsible for the underlying product or service except to the extent a written agreement expressly provides otherwise.

Transaction processing may involve payment service providers, financial institutions and fraud-prevention services. Customers must provide accurate billing information and authorize the applicable charge. Refund eligibility, product access, subscription terms and fulfillment are governed by the terms presented at purchase and by the relevant partner company's policies.

If you do not recognize a charge, believe an amount is incorrect, or have a billing question, contact us promptly at info@digitalsolutions-agency.net or at:

Digital Solutions LLC
120 Madeira Drive NE, STE 219
Albuquerque, New Mexico 87111
United States

Please include enough information to identify the transaction, but do not send a complete payment card number or sensitive authentication information by email.

8. No guarantee of results

Marketing, advertising, conversion and commercial outcomes depend on factors outside our control, including market conditions, offer quality, pricing, audience behavior, client decisions, budgets, competition and changes made by third-party platforms. Past performance, examples, projections and descriptions of methods do not guarantee future results.

We make no earnings, revenue, profit, lead-volume, conversion-rate, advertising-performance or other commercial performance guarantee through this website. Any engagement-specific commitments must be stated expressly in a signed service agreement.

Nothing on this website is investment, financial, tax or legal advice. You should obtain advice from appropriately qualified professionals regarding decisions in those areas.

9. Third-party platforms

Our services may integrate with or depend on third-party advertising networks, search platforms, social networks, CRM systems, email and messaging providers, analytics tools, hosting services, payment services and other technology. Those platforms are owned and operated by third parties that we do not control.

We are not responsible for a third-party platform's availability, security, accuracy, performance, suspension decisions, policy changes, pricing changes, feature changes or handling of data. A platform may modify or discontinue access at any time, which may affect website features or client services.

Your use of a third-party platform is governed by that provider's terms and policies. References or links to a platform do not constitute a warranty or endorsement of it.

10. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the website and all content made available through it are provided "as is" and "as available," without warranties of any kind. Digital Solutions disclaims all express, implied and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment.

We do not warrant that the website will be uninterrupted, error-free, secure or free of harmful components; that defects will be corrected; or that any content will be complete, current, accurate or suitable for your purposes. You use the website and rely on its content at your own risk.

Some jurisdictions do not permit the exclusion of certain warranties, so part of this disclaimer may not apply to you. Any warranties for client services are governed exclusively by the applicable signed service agreement.

11. Limitation of liability

To the fullest extent permitted by law, Digital Solutions and its members, managers, personnel and agents will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, or for any loss of profits, revenue, business opportunity, goodwill, use or data, arising out of or relating to the website or these Terms, even if advised that such damages were possible.

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the public website or these Terms will not exceed one hundred US dollars (US $100). This limitation does not replace a liability provision in a signed service agreement, which governs claims relating to the applicable client engagement.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or willful misconduct where applicable. The limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Digital Solutions and its members, managers, personnel and agents from claims, liabilities, damages, judgments, losses, costs and reasonable legal fees arising out of or relating to your unlawful or unauthorized use of the website, your breach of these Terms, or your infringement or violation of another person's rights.

We will provide reasonable notice of an indemnified claim and may control its defense and settlement. You agree to provide reasonable cooperation. You may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release an indemnified party without our prior written consent.

Indemnification obligations arising from client services, client materials, advertising accounts or deliverables are governed by the applicable signed service agreement rather than this section.

13. Confidentiality

Information on the public website is not confidential. If either party discloses non-public business information in connection with preliminary discussions, the receiving party must use reasonable care to protect information that is identified as confidential or that reasonably should be understood to be confidential, and may use it only to evaluate or support the contemplated business relationship.

Confidential information does not include information that the receiving party can show was lawfully known without restriction, independently developed, received lawfully from another source without a duty of confidentiality, or made public without breach. A receiving party may disclose confidential information when required by law, provided it gives notice where legally permitted and reasonably cooperates in seeking protection.

Any signed nondisclosure agreement or service agreement controls over this section for the information and relationship it covers. Do not submit trade secrets or highly sensitive information through a general website form unless we have agreed on an appropriate secure method.

14. Term and termination

These Terms begin when you first access the website and continue while you use it. You may terminate your acceptance of these Terms by ceasing all use of the website.

We may suspend, restrict or terminate access to all or part of the website at any time if we reasonably believe you have violated these Terms, created risk or potential legal exposure, or threatened the security or operation of the website. We may also change, suspend or discontinue the website for operational reasons.

Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, confidentiality, governing law and general provisions. Termination of website access does not terminate a separate client agreement, which is governed by its own terms.

15. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the website are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, each party agrees to send written notice describing the dispute and to attempt in good faith to resolve it informally for at least 30 days. Notice to Digital Solutions must be sent using the contact details in Section 18.

If the dispute is not resolved informally, the state and federal courts located in Bernalillo County, New Mexico will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief to protect intellectual property, confidential information or system security. A signed service agreement may establish a different dispute process for claims covered by that agreement.

16. Changes to these terms

We may revise these Terms to reflect changes to the website, our practices or applicable law. We will post revised Terms on this page and update the "Last updated" date.

Unless a later date is stated, revised Terms become effective when posted. Your continued use of the website after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the website. Changes to a signed service agreement must be made under that agreement's amendment provisions.

17. Severability, entire agreement, assignment and no waiver

Severability

If a provision of these Terms is held unlawful, invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

Entire agreement

These Terms and the Privacy Policy constitute the entire agreement concerning use of the public website and supersede prior or contemporaneous communications on that subject. They do not replace a signed service agreement or nondisclosure agreement.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, reorganization, sale of assets or by operation of law, provided that any assignment remains subject to applicable law.

No waiver

A failure or delay in exercising a right is not a waiver of that right. A waiver is effective only if in writing and applies only to the specific circumstance for which it is given. Headings are for convenience and do not affect interpretation.

18. Contact

Questions about these Terms, notices concerning the website and billing questions relating to payments processed by Digital Solutions may be directed to:

Digital Solutions LLC
120 Madeira Drive NE, STE 219
Albuquerque, New Mexico 87111
United States

Email: info@digitalsolutions-agency.net

You may also use our contact page. Please include enough detail for us to identify and respond to your inquiry, but do not send complete payment card numbers or account passwords.

This document is provided for information and should be reviewed by qualified counsel before publication.