Terms & Conditions
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS
AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 09/01/2024.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that
shall govern the relationship with our users and others which may interact or interface with
Dakota Digital Agency, also known as , located at , Bismarck, North Dakota 58503 and our
subsidiaries and affiliates, in association with the use of the website, which includes
www.dakotadigitalagency.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is informational which has the following description:
Inform the public of the marketing services Dakota Digital Agency provides, collect leads and
customer information, and provide contact details for potential customers to enlist our
services.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services
provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and numerous
other platforms and downloadable programs, are the sole property of Dakota Digital Agency.
At its discretion, Dakota Digital Agency may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and this Agreement
shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Dakota Digital Agency does hereby
reserve the right to cancel and cease offering any of the aforementioned Services and/or
products. You, as the end user acknowledge, accept and agree that Dakota Digital Agency
shall not be held liable for any such updates, modifications, revisions, suspensions or
discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications, and as
such, frequent review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies currently in
effect. Should you not agree to the updated, revised or modified terms, you must stop
using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered
shall be provided "AS IS" and as such Dakota Digital Agency shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any
failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected
by the Dakota Digital Agency Online Privacy Policy (see the full Privacy Policy at https://
dakotadigitalagency.com/privacy-dakota-digital-agency). As a member, you herein consent to
the collection and use of the information provided, including the transfer of information within
the United States and/or other countries for storage, processing or use by Dakota Digital
Agency and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/
liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Dakota Digital Agency shall not lay claim to ownership of any content submitted by any
visitor or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Dakota Digital Agency the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
of Dakota Digital Agency's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area
to which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Dakota Digital Agency's sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Dakota Digital Agency's sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Dakota Digital
Agency's sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Dakota Digital Agency's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display
said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Dakota Digital Agency's
sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available
to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Dakota Digital Agency provides an area for our users to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our
site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
INDEMNITY
All users herein agree to insure and hold Dakota Digital Agency, our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a user of our site may submit, post, modify, transmit
or otherwise make available through our Services, the use of Services or your connection
with these Services, your violations of the Terms of Service and/or your violation of any such
rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to 's sites.
MODIFICATIONS
Dakota Digital Agency shall reserve the right at any time it may deem fit, to modify, alter and
or discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Dakota Digital Agency shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result
of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Dakota Digital Agency or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of
any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such
third party sites or resources. Furthermore, you acknowledge and agree that Dakota Digital
Agency shall not be responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection with the use of
or the reliance on any such content, goods or Services made available on or through any such
site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Dakota Digital Agency's Services and any essential
software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any Content which may
be contained in any advertisements or information presented by and through our Services or
by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and
laws. Therefore, except for that which is expressly permitted by applicable law or as
authorized by Dakota Digital Agency or such applicable licensor, you agree not to alter,
modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created
any plagiaristic works which are based on Dakota Digital Agency Services (e.g. Content or
Software), in whole or part.
Dakota Digital Agency herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to
locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or
otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter
or change the Software in any manner, nature or form, and as such, not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access
our Services through any means other than through the interface which is provided by Dakota
Digital Agency for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF DAKOTA DIGITAL AGENCY SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. DAKOTA
DIGITAL AGENCY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) DAKOTA DIGITAL AGENCY AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) DAKOTA DIGITAL AGENCY SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) DAKOTA DIGITAL
AGENCY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE DAKOTA DIGITAL AGENCY SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH
ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF DAKOTA DIGITAL AGENCY SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM DAKOTA DIGITAL AGENCY
OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DAKOTA
DIGITAL AGENCY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE
RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Dakota Digital Agency (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information, the phrase "Let the investor
beware" is appropriate. Dakota Digital Agency's content is provided primarily for
informational purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Dakota Digital Agency and our licensors shall not
be responsible or liable for the accuracy, usefulness or availability of any information
transmitted and/or made available by way of our Services, and shall not be responsible or
liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Dakota Digital Agency may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or
any which may be herein after developed. Any such notices may not be received if you violate
any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance
of this TOS constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Dakota Digital Agency
trademarks, copyright, trade name, service marks, and other Dakota Digital Agency logos and
any brand features, and/or product and service names are trademarks and as such, are and shall
remain the property of Dakota Digital Agency. You herein agree not to display and/or use in
any manner the Dakota Digital Agency logo or marks without obtaining Dakota Digital
Agency's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE
& PROCEDURES
Dakota Digital Agency will always respect the intellectual property of others, and we ask that
all of our users do the same. With regards to appropriate circumstances and at its sole
discretion, Dakota Digital Agency may disable and/or terminate the accounts of any user who
violates our TOS and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Dakota Digital Agency Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
Dakota Digital Agency
Attn: Copyright Agent
Bismarck, North Dakota 58503
Telephone: 701-595-2318
Email: [email protected]
CLOSED CAPTIONING
BE IT KNOWN, that Dakota Digital Agency complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at www.dakotadigitalagency.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Dakota Digital Agency and shall
govern the use of our Services, superseding any prior version of this TOS between you and us
with respect to Dakota Digital Agency Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Dakota Digital Agency
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Dakota Digital Agency with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of North
Dakota without regard to its conflict of law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the relationship between you
and Dakota Digital Agency, shall be filed within the courts having jurisdiction within the
County of Burleigh, North Dakota or the U.S. District Court located in said state. You and
Dakota Digital Agency agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Dakota Digital Agency fail to exercise or enforce any right or provision of
the TOS, such failure shall not constitute a waiver of such right or provision. If any provision
of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the TOS must be filed
within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Dakota Digital Agency as follows:
Mailing Address:
Dakota Digital Agency
Bismarck, North Dakota 58503
Telephone: 701-595-2318
Email: [email protected]