Comprehensive Terms of Use for Pittsburgh Digital Marketing Agency
Guidelines for Accessing and Engaging with Our Services
Effective Date: 10/16/2014
Understanding the Terms of Use for Our Website and Services
Welcome to the Pittsburgh Digital Marketing Agency, LLC (“Company,” “we,” “us,” or “our”) website, https://pghdma.com (the “Website”). By accessing or using our Website and services, you agree to comply with and be bound by the following terms and conditions (“Terms of Use”). Please read these terms carefully. If you do not agree to these Terms of Use, you should not access or use our Website or services.
1. Acceptance of Terms
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as our Privacy Policy. If you are using the Website on behalf of an organization or entity, you represent that you are authorized to accept these Terms of Use on behalf of that organization or entity.
2. Changes to Terms
Pittsburgh Digital Marketing Agency, LLC reserves the right to modify or update these Terms of Use at any time, without prior notice. Any changes will be effective immediately upon posting the revised Terms of Use on the Website. We encourage you to review the Terms periodically to stay informed of any updates. Your continued use of the Website after changes are posted constitutes your acceptance of the modified terms.
3. Use of the Website
a. Eligibility You must be at least 18 years of age or the legal age of majority in your jurisdiction to use our Website. By using the Website, you represent and warrant that you meet this eligibility requirement.
b. License to Use Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes. You agree not to reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content on the Website without our prior written consent.
c. Prohibited Uses You agree not to use the Website for any unlawful or prohibited purpose, including but not limited to:
Violating any local, state, national, or international laws or regulations.
Using any automated means (e.g., bots or scripts) to access the Website or collect data from the Website.
Attempting to gain unauthorized access to our systems or interfering with the operation of the Website.
Transmitting or distributing any harmful code, viruses, or malware through the Website.
Engaging in any activity that could harm the reputation or interests of Pittsburgh Digital Marketing Agency, LLC.
4. User Content
a. Submission of Content You may have the ability to submit content (such as comments, feedback, or requests) through the Website. By submitting content, you grant Pittsburgh Digital Marketing Agency, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable license to use, reproduce, modify, publish, and distribute the content in any form and on any media.
b. Responsibility for Content You are solely responsible for any content you submit through the Website. You agree that the content you submit will not violate any laws, infringe on any third-party rights, or contain harmful, threatening, or offensive material. Pittsburgh Digital Marketing Agency, LLC reserves the right, in its sole discretion, to remove any content that violates these Terms of Use.
5. Intellectual Property Rights
a. Ownership of Content All content, features, and functionality on the Website—including but not limited to text, graphics, logos, images, and software—are the property of Pittsburgh Digital Marketing Agency, LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of the Website’s content is strictly prohibited.
b. Trademarks The trademarks, logos, and service marks displayed on the Website are the registered and unregistered trademarks of Pittsburgh Digital Marketing Agency, LLC or third-party licensors. You are not permitted to use these trademarks without our prior written consent.
6. Third-Party Links
Our Website may contain links to third-party websites or services that are not owned or controlled by Pittsburgh Digital Marketing Agency, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using our Website, you acknowledge and agree that Pittsburgh Digital Marketing Agency, LLC is not responsible for any damages or losses caused by your use of any third-party websites.
7. Disclaimer of Warranties
The Website and all content, services, and products provided through it are provided “as is” and “as available,” without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Pittsburgh Digital Marketing Agency, LLC disclaims all warranties, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Any warranty that the Website will be uninterrupted, error-free, or free of harmful components.
Any warranty regarding the accuracy, reliability, or completeness of any information available on the Website.
8. Limitation of Liability
To the fullest extent permitted by law, in no event will Pittsburgh Digital Marketing Agency, LLC, its officers, directors, employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the Website or any content or services provided through it, even if we have been advised of the possibility of such damages. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory.
9. Indemnification
You agree to indemnify, defend, and hold harmless Pittsburgh Digital Marketing Agency, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Website.
Your violation of these Terms of Use.
Your violation of any third-party rights, including intellectual property rights or privacy rights.
10. Termination
Pittsburgh Digital Marketing Agency, LLC reserves the right to terminate or suspend your access to the Website, without notice or liability, for any reason, including if we believe you have violated these Terms of Use. Upon termination, your right to access the Website will immediately cease.
11. Governing Law
These Terms of Use and any disputes arising out of or related to your use of the Website will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Pennsylvania for the resolution of any disputes.
12. Changes to the Website
Pittsburgh Digital Marketing Agency, LLC reserves the right to modify, suspend, or discontinue the Website or any part of the Website at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
13. Contact Us
If you have any questions or concerns about these Terms of Use, please contact us at:
Pittsburgh Digital Marketing Agency, LLC Email: info@pghdma.com Phone: 412-579-3580 Address: 140 E Main St, STE #3 Carnegie, PA 15106
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Frequently Asked Questions
Are terms of use required by law?
Terms of use are not legally required by law for all websites, but they are highly recommended to protect your rights and define user responsibilities, thereby reducing legal risks associated with your services.
Does Facebook violate terms of use browsewrap agreements?
The question of whether Facebook violates terms of use browsewrap agreements suggests concerns about their compliance. Typically, Facebook adheres to these agreements, but legal interpretations can vary, leading to ongoing debates about user consent and notification practices.
What are enforceable terms of use?
Enforceable terms of use are legal agreements that set the rules and guidelines for using a website or service, ensuring both the provider and users understand their rights, responsibilities, and the consequences of non-compliance.
How to create effective terms of use?
Creating effective terms of use involves clearly outlining user rights and responsibilities, including acceptable usage, intellectual property rights, and limitations of liability. This ensures that both the agency and users are protected while engaging with services.
What legal obligations do terms of use enforce?
Terms of use enforce legal obligations that define acceptable behaviors for users, outline rights related to intellectual property, and establish limitations of liability for the agency, ensuring a mutual understanding of responsibilities between the agency and its users.
How can users contest terms of use?
Users can contest the terms of use by submitting a formal request to the Pittsburgh Digital Marketing Agency, detailing their concerns and reasons for contestation. This allows the agency to consider individual cases and potentially address specific issues.
What happens if terms of use are violated?
Violating the terms of use may result in suspension or termination of access to our website and services, as well as potential legal action to protect our rights and interests.
Can terms of use be modified easily?
The terms of use can be modified, but such changes typically require careful consideration and may involve a formal process to ensure users are informed of any updates.
What is a browsewrap agreements definition?
A browsewrap agreement is a type of online contract where users agree to the terms and conditions of a website simply by using it, typically without needing to provide explicit consent or sign anything.
How are browsewrap agreements enforced legally?
Browsewrap agreements are enforced legally based on users' acceptance through their use of the website, which implies agreement to the terms. Courts generally require that users have reasonable notice of the terms, often determined by the visibility and accessibility of the hyperlink to the terms.
What are common terms in user agreements?
Common terms in user agreements include definitions of users' rights and responsibilities, intellectual property clauses, limitations of liability, privacy policies, and dispute resolution procedures. These terms establish the legal framework governing the use of the website and services.
How does jurisdiction affect terms of use?
Jurisdiction affects terms of use by determining the legal framework and applicable laws governing the relationship between users and the digital marketing agency. It defines where disputes will be settled and which laws will apply to the terms of use.
What role do terms of use play in liability?
The role of terms of use in liability is crucial, as they clearly outline the rights and responsibilities of both the agency and users. This helps mitigate risks and limit the agency's liability for potential legal claims related to the use of their services and website.
Are online terms of use universally applicable?
Online terms of use are not universally applicable. They vary by jurisdiction and may be subject to local laws and regulations, making it essential for businesses to tailor their terms to comply with applicable legal requirements.
How should businesses update their terms?
Businesses should update their terms regularly to reflect changes in laws, services, or company policies. It's essential to clearly communicate these updates to users, ensuring they understand their rights and responsibilities in light of the changes.
What are the risks of not having terms of use?
The risks of not having terms of use include potential legal liability, unclear user responsibilities, and difficulty enforcing policies. Without these guidelines, both the agency and users may face disputes, misunderstandings, and a lack of legal protection.
Can terms of use limit user rights?
Terms of use can indeed limit user rights by establishing specific guidelines and restrictions regarding website access and usage. Users should carefully review these terms, as they outline the acceptable use of services and may impose limitations on liabilities and responsibilities.
What constitutes acceptance of terms of use?
Acceptance of the Terms of Use occurs when users access or utilize the Pittsburgh Digital Marketing Agency's website and services, thereby agreeing to abide by the outlined legal guidelines and responsibilities.
How to ensure users understand terms of use?
Ensuring users understand the terms of use involves presenting the information in clear, straightforward language, using summaries, bullet points, and FAQs to highlight key points, and encouraging users to ask questions if they need further clarification.
Are browsewrap agreements effective in court?
Browsewrap agreements can be effective in court, but their enforceability often depends on the clarity of the agreement and the user's awareness of its terms. Courts typically consider whether users had reasonable notice of the terms before agreeing.
What is the difference between browsewrap and clickwrap?
The difference between browsewrap and clickwrap lies in user consent: browsewrap agreements imply acceptance through website usage, while clickwrap agreements require users to actively click to agree to terms before proceeding.
How do terms of use protect user data?
Terms of use protect user data by outlining the agency's commitment to safeguarding personal information, specifying how data is collected, used, and shared, and establishing users' rights regarding their data, thus promoting transparency and trust.
What terms of use are most commonly disputed?
The terms of use that are most commonly disputed typically involve issues related to intellectual property rights, user conduct and responsibilities, liability limitations, and the interpretation of service agreements.
Can terms of use prohibit class-action lawsuits?
Terms of use can indeed include provisions that prohibit class-action lawsuits. By agreeing to these terms, users may waive their right to participate in such actions, requiring them to resolve disputes individually instead.
What should be included in terms of use?
The components that should be included in terms of use are user obligations, acceptable use policies, intellectual property rights, limitations of liability, and the governing law. These elements protect both users and the service provider.
How to communicate changes in terms of use?
To communicate changes in the Terms of Use, we will notify users through a prominent announcement on our website, along with an email update to all registered users, ensuring they are aware of any modifications.
Are terms of use specific to services offered?
The terms of use are specific to the services offered by the agency. They outline the rules, responsibilities, and rights related to each service, ensuring a clear understanding for users engaging with our digital marketing solutions.
How do international laws impact terms of use?
International laws impact terms of use by establishing guidelines that ensure compliance across different jurisdictions, thereby defining user rights and responsibilities while protecting both users and the agency from legal disputes.
What is the significance of clear terms of use?
The significance of clear terms of use lies in setting expectations and protecting both users and the service provider. They define user rights, responsibilities, and legal boundaries, fostering trust and ensuring a smooth engagement with the website and its services.
How to enforce compliance with terms of use?
Enforcing compliance with the terms of use requires clear communication of these terms to users, monitoring adherence, and implementing consequences for violations, such as restricted access or legal action if necessary.
