Universal Terms of Service Agreement
Last Revised: January 2025
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. Overview
This Universal Terms of Service Agreement (“Agreement”) is entered into by and between Digital Focus Labs, a sole proprietorship based in Arizona (“Digital Focus Labs”), and you. This Agreement is effective upon your use of this website (“Site”) or electronic acceptance. It governs the general terms and conditions of your use of the Site and the products and services accessed through it (“Services”), in addition to any specific terms that apply to particular Services.
By browsing, using, or purchasing Services through this Site, you signify that you have read, understood, and agreed to be bound by this Agreement and the following policies and terms, which are incorporated by reference:
•Privacy Policy
•Subpoena Policy
•Dispute on Transfer Away Form
•Uniform Domain Name Dispute Resolution Policy
•ICANN Transfer Dispute Resolution Policy
•Copyright and Trademark Infringement Policy
Modification of Terms:
Digital Focus Labs reserves the right to change or update this Agreement at any time, with changes effective immediately upon posting. It is your responsibility to review this Agreement periodically. Continued use of the Site or Services constitutes your acceptance of any updates.
2. Eligibility and Authority
By using this Site or Services, you represent that:
1.You are at least 18 years old and legally capable of entering into binding agreements.
2.You are not barred from using the Services under applicable laws.
If you are acting on behalf of a business or organization, you represent that you have the authority to bind that entity to this Agreement.
3. Accounts and Data Transfers
Accounts:
You must create an account (“Account”) to access certain features or Services. By creating an Account, you agree to:
•Provide accurate, up-to-date information.
•Maintain the confidentiality of your login credentials.
•Notify Digital Focus Labs immediately of unauthorized use of your Account.
Data Transfers:
By using this Site, you consent to the collection and transfer of your data across international borders, as necessary for the provision of Services.
4. Availability of Services
Digital Focus Labs strives to ensure uninterrupted access to its Site and Services but does not guarantee availability. Temporary service disruptions may occur due to maintenance or unforeseen technical issues.
5. Acceptable Use Policy
You agree to:
•Comply with all applicable laws.
•Avoid engaging in activities that are illegal, harmful, or abusive, including spam, hacking, or intellectual property infringement.
•Refrain from collecting or using personal information without appropriate consent.
6. Intellectual Property and User Content
Digital Focus Labs Content:
All Site content, excluding User Content, is the exclusive property of Digital Focus Labs. Unauthorized use is prohibited.
User Content:
By submitting content to the Site, you grant Digital Focus Labs a worldwide, royalty-free license to use, display, and distribute the content as necessary to provide Services.
7. Monitoring and Termination
Digital Focus Labs reserves the right to monitor User Content for compliance with this Agreement. Accounts violating these terms may be suspended or terminated.
8. Fees and Payments
•All fees for Services are non-refundable unless stated otherwise.
•Subscriptions and Services may renew automatically. You may adjust auto-renewal settings in your Account.
•Digital Focus Labs reserves the right to change pricing with reasonable notice.
9. Warranties and Disclaimers
The Site and Services are provided “as is” without any guarantees or warranties, express or implied, regarding their reliability, availability, or accuracy.
10. Limitation of Liability
To the maximum extent permitted by law, Digital Focus Labs, its affiliates, and employees shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed $10,000 USD.
11. Governing Law and Disputes
This Agreement is governed by the laws of Arizona, USA. Disputes shall be resolved exclusively in courts located in Maricopa County, Arizona. Both parties waive the right to a jury trial.
12. Privacy Policy
Your use of this Site is subject to the Privacy Policy, which details the collection, use, and sharing of your information. You are encouraged to review it periodically.
13. Text Messaging and Email Broadcast Features
Text Messaging (SMS) Features:
By using the text messaging features provided through the Services, you agree to comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), and any similar state or international laws. Specifically:
•User Consent: You must obtain prior express written consent from all recipients before sending SMS messages.
•Opt-Out Requirements: Each SMS message you send must include instructions for recipients to opt out of future messages (e.g., “Reply STOP to unsubscribe”).
•Compliance Responsibility: You are solely responsible for the content and delivery of your SMS campaigns, ensuring compliance with laws governing consumer protection, privacy, and messaging practices.
Digital Focus Labs is not liable for your failure to comply with applicable laws or for any unauthorized use of the texting features. You agree to indemnify and hold Digital Focus Labs harmless from any claims arising from your use of SMS features.
Email Broadcast Features:
By using the email broadcast features, you agree to comply with the CAN-SPAM Act, GDPR (if applicable), and other relevant regulations. Specifically:
•Consent and Unsubscribe Mechanisms: You must have the recipient’s consent to send emails, and all email broadcasts must include a clear unsubscribe link.
•Accurate Sender Information: Your emails must include accurate sender information, including your business name and address.
•Prohibited Content: You may not use the email features to send spam, misleading content, or fraudulent communications.
You are solely responsible for the content and compliance of your email campaigns. Digital Focus Labs is not liable for any claims or damages arising from your use of these features.
General Provisions for Messaging Features:
•Digital Focus Labs acts as a service provider and does not control or monitor the content of messages sent through its Services.
•You acknowledge that the improper use of messaging features may result in account suspension or termination.
This addition ensures that your terms cover texting and email features comprehensively, outlining user responsibilities and legal compliance requirements. Let me know if you’d like further clarification or adjustments!
14. Contact Information
For inquiries regarding this Agreement:
Digital Focus Labs Legal Department
1117 State St, Santa Barbara, CA 93427