This is the user agreement (the "Agreement" or "User Agreement") for Digital Worth.
DigitalWorth.com is owned and operated by Young Marketing Enterprises Ltd. and Nmoc Services Pty Ltd ("Digital Worth", “we”, “us” or “our”) who provide their products and services ("Services") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
Agreement describes the terms and conditions applicable to your use of our Services. If you do not agree to be bound by the terms and conditions of this Agreement, you are not permitted to access our website, resources, or Services.
Provision of Access:
By purchasing our Services, you are granted a non-exclusive, non-transferable, right to access and use the Services, solely for your own personal use, in accordance with the terms and conditions herein. We shall provide you the necessary passwords and network links or connections to allow you to access the Services within 48 business hours following the purchase date.
You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement.
Our Services, and the
entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Digital Worth, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on the site, including texts, graphics, code, content and software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Digital Worth a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Digital Worth by all means and in any media now known or hereafter developed. You also grant to Digital Worth the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Digital Worth for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Digital Worth
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. All materials and all intellectual property rights in respect of the Services provided therein (including all underlying technology, modifications and work products created in or arising from the same) shall remain the property of Digital Worth. You acknowledge that Digital Worth owns all right, title, and interest, including all intellectual property rights. You are permitted to use the Services for the purpose of obtaining insights and analysis to optimize your websites. Except as expressly authorized by Digital Worth, you agree not to reproduce, duplicate, copy, sell, trade, resell, permit access, transfer, assign, modify, create derivative works, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or computer code that powers the Services. You are responsible for all use made of the Services using your account. You are responsible for maintaining the confidentiality of your online account credentials.
products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Digital Worth. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
website and its contents are owned by Digital Worth. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the DigitalWorth.com website.
are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be AT LEAST 18 years old to access the DigitalWorth.com website, resources, and services. All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read or interact with this website its services and contents in any manner. This website specifically denies access to any individual that is covered by the The Children's Online Privacy Protection Act (COPA) of 1998. We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
no event shall Digital Worth be liable for any punitive, special, direct, indirect, incidental, or consequential damages, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our liability for damages, regardless of the form of the action, shall not exceed the fee paid for the service. We cannot be held responsible for factors beyond our control that may interfere with our ability to provide access to our website. Such factors include, but are not limited to server downtime, password/verification problems, or network outages beyond our servers. DigitalWorth.com does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site are free of viruses or other harmful elements. In no event will Digital Worth, Andrew Hansen, or Sara Young be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the products or resources contained within the DigitalWorth.com website. All products and resources are provided "as is" and without warranties.
include (but are not limited to) damages or injury caused by any:
* use of (or inability to use) the site, or our software or services
* use of (or inability to use) any site to which you hyperlink from our site, software, or services
* failure of our site, software, or services to perform in the manner you expected or desired
* error on our site, software, or services
* omission on our site, software, or services
* interruption of availability of our site, software, or services
* defect on our site, software, or services
* delay in operation or transmission of our site, software, or services
* computer virus or line failure
note that we are not liable for any damages, including:
intended to compensate someone directly for a loss or injury damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages.")
miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages.") We are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages. if you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.
in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.
agree to indemnify, defend and hold harmless Digital Worth, Andrew Hansen and Sara Young, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
of Site and/or Service:
understand that, except for information, products or services clearly identified as being supplied by Digital Worth, Andrew Hansen and Sara Young do not operate, control or endorse any information, products or services on the Internet in any way. Except for such identified information, products or services, all information, Services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Digital Worth. You also understand that Digital Worth cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
assume total responsibility and risk for your use of the site and the internet. Digital Worth provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Digital Worth shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. DigitalWorth.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. DigitalWorth.com has no control over and accepts no responsibility whatsoever for such materials.
website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty. Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
Your Online Material to Us:
and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.
about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605 or at http://www.adr.org. Hearing will take place in the city or county of the Seller.
no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to consumers.
prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of Israel.
additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
provisions of paragraphs "Use of the Service," and "Indemnification" are for the benefit of Digital Worth and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
of This Agreement:
joining our site, you give us permission to contact you periodically via email with regards to your access to DigitalWorth.com. If you wish to no longer receive communications from us, you will just need to send us an email at admin@DigitalWorth.com
and Other Points to Consider:
you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate DigitalWorth.com and/or its affiliates' intellectual property rights, Digital Worth and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of DigitalWorth.com, and you consent to exclusive jurisdiction and venue in such courts. If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified.
failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the DigitalWorth.com website.
Agreement in all respects shall be governed by and construed according to the laws of Israel, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement. This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented.
agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Andrew Hansen & Sara Young