Terms of Service
THESE TERMS OF SERVICE ("AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR", OR "Customer") AND DIGITAL ONLINE PRACTICE, A DIVISION OF JELLY WEBSITES, LLC ("WE" OR "DIGITAL ONLINE PRACITCE”), THE OWNER AND OPERATOR OF THE WWW.DIGITALONLINEPRACTICE.COM WEBSITE (THE "SITE"). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE SERVICES SOLD ON IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT.
By ordering online marketing services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Digital Online Practice if your child breaches or disaffirms any term or condition of this Agreement.
1 - CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
CHANGES TO THE SITE
Digital Online Practice may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
PERSONAL INFORMATION / PRIVACY
2 - PRICING/BILLING
DIRECTORY AND MAPPING LISTING SERVICES
All online directories and mapping service development fees are shown on our order form page at https://hipaa.jotform.com/213146343629152. Discounts are offered for paying in 6 or 12 month increments.
All directory and mapping service pricing is subject to change without notice. Digital Online Practice is not responsible, nor does it guarantee specific browser positions with regard to keyword search. Digital Online Practice uses best practices to provide quality content on the Internet with regard to promoting a business. All keyword campaigns are created from information the client provides and using specific criterial required by browsers.
If the monthly payment is not received within the 30-day billing terms, Digital Online Practice reserves the right to remove or suspend website or marketing services until payment is collected. Digital Online Practice is a division of Jelly Websites, LLC and all credit card charges will be billed as Jelly Websites.
3 - REFUND/CANCELATION POLICY
If you are dissatisfied with the services for any reason, Digital Online Practice will fully refund amount paid if cancellation is made within 24 hours of placing your order. After the 24-hour period, the full initial 6-month contract term will take effect and those amounts will be owed to Digital Online Practice. After the 6-month contract terms, we require 30 days written notice to cancel campaign.
4 - MAINTENANCE; SUPPORT SERVICES
Digital Online Practice agrees to provide Customer the following maintenance and support services during the term of this Agreement and thereafter, as it may be extended.
Support Services will include the addition or correction of information made to directory or mapping listings within a reasonable time and with reasonable effort. Support does not include correction of errors caused by inaccurate information submitted by customer.
Digital Online Practice will be diligent in its efforts to respond to Customer's requests and problems within a time frame that reasonably reflects the urgency of the resolution of the request on a good faith basis. Digital Online Practice will use reasonable efforts to give appropriate advice, but the responsibility for acting on or implementing such advice shall remain with Client.
5 - INTELLECTUAL PROPERTY OWNERSHIP
Digital Online Practice does not collect intellectual property for creating directory or mapping listings. All information used for this purpose are the business details provided by Customer.
6 - CONFIDENTIALITY
Both parties agree they will use reasonable care to prevent the unauthorized use or dissemination of each party's confidential information. Reasonable care means the same degree of care that the other party uses to protect its own confidential information from unauthorized disclosure or use. Any written, printed graphic or electronically recorded information furnished by Customer for Digital Online Practice to use are the sole property of Customer. This proprietary information may include, but not limited to, Customer requirements, Customer lists, marketing information, and information concerning Customer's employees, products, services, prices, operations, and subsidiaries. Upon termination Digital Online Practice will return any and all confidential information in its possession to Customer upon request; provide, however; Digital Online Practice shall be permitted to retain copies which are part of Digital Online Practice’s normal and customary back up and/or archived policies.
Confidential information does not include information that: the party knew before the other party disclosed it; is or becomes public knowledge through no fault of the party; the party obtains the information from sources other than the other party who owe no duty of confidentiality regarding the material, or the party independently develops.
7 - WARRANTIES
THE GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT ARE PROVIDED AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS; INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8 - LIMITATION ON DIGITAL ONLINE PRACITCE’S LIABILITY TO CUSTOMER ; INDEMNIFICATION
(a) In no event shall Digital Online Practice be liable to Customer for lost profits of Customer or special, incidental, exemplary, punitive, or consequential damages unless such damages were caused by the gross negligence of Digital Online Practice; (b) Digital Online Practice total liability under this Agreement for damages, cost and expenses, shall not exceed an amount equal to the total amount of fees paid to Digital Online Practice by Customer under this Agreement during the six month period prior to such event causing or alleged to have caused such damages; (c) Customer shall indemnify Digital Online Practice against all claims, liabilities and costs, including reasonable attorney fees, or defending any third party claim or suit, other than for infringement of intellectual property rights brought in connection with materials provided by Digital Online Practice or gross negligence of Digital Online Practice, arising out of or in connection with Client's performance under this Agreement. Digital Online Practice shall promptly notify Client in writing of such claim or suit, and Client shall have the right to fully control the defense and any settlement of the claim or suit. Digital Online Practice acknowledges Customer may be sending confidential data, as part of this Agreement and Digital Online Practice shall at Customer's cost and expense put a SSL (encrypted) connection in place. Notwithstanding the foregoing, Customer agrees that in the event of any secured data being lost, Digital Online Practice’s only liability to Customer shall be to attempt to retrieve the information or correct the system to avoid further loss of information.
The Customer shall defend, at its own expense, and indemnify and hold Digital Online Practice harmless from any claims, suits, liabilities, losses, damages and expenses (including reasonable attorneys’ fees and costs), asserted against or incurred by Digital Online Practice arising out of or relating to (a) Customer’s acts, omissions and or breach of its obligations under this Agreement, (b) use of the services provided by Digital Online Practice to Customer hereunder, (c) any materials provided by Customer to Digital Online Practice in connection with the services, including without limitation, any images or materials requested by Customer for Digital Online Practice to use in connection with the services, and (d) violations of applicable law by the Customer in connection with the use of the services.
9 - FORCE MAJEURE
Digital Online Practice shall not be liable for any failure of performance under this Agreement, and is excused from any failure to deliver or perform or delay in delivery or performance, due to causes beyond its reasonable control, including, without limitation, acts of god, fire, explosion, vandalism, failures of third party service providers, flood, storm, earthquake, or other natural disasters, law, order, regulation, direction, action or request of any federal or state government, or any civil or military authority, national emergency, riot, terrorist actions, wars, strikes, lock outs, or work stoppage, or due to failure of Customer to provide sufficient information, resources, cooperation or personnel to support the project. The period of performance shall be extended to such extent as may be appropriate after the cause of the delay or non-performance has been removed.
10 - DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator in the following location: Orange County, CA. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Each party shall be responsible for its own attorney fees.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to binding arbitration in the following location: Orange County, CA. The parties agree that the binding arbitration will be conducted under the then rules obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
11 - NOTICES
All notices or demands given hereunder or required by law will be given in writing, will refer to this Agreement, and will be sent to the applicable address or facsimile number on file.
12 - ATTORNEY FEES
If any litigation or arbitration is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses.
13 - GENERAL PROVISIONS
(a) Severability: If any part of this Agreement is held unenforceable, the rest of the Agreement will continue in full force and effect. (b) Applicable law: This Agreement will be governed by the laws of the State of California. (c) Amendments: This Agreement may be amended by Digital Online Practice by updating the website containing these term and conditions. (d) Waivers: No delay or failure by any party hereto in exercising or enforcing any of its rights or remedies hereunder, and no course of dealing or performance with respect thereto, will constitute a waiver thereof. (e) Digital Online Practice requires a 30-day written notice on cancellation of your directory and mapping services after the initial 6-month contract has expired. Time will not be prorated.
14 - ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.