Last Updated: November 1, 2024
Welcome to Darby Digital. By accessing or using our website at https://withdarby.com (the “Site”), you agree to comply with and be bound by the following Terms of Service (the “Terms”). If you do not agree to these Terms, please do not use the Site.
1. Acceptance of Terms
By using our Site, you represent that you are at least 18 years old and are capable of entering into a binding agreement. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Changes to Terms
Darby Digital reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
3. Services
Darby Digital provides digital marketing, web development, and lead generation services (the “Services”). The specific details of our Services will be outlined in individual agreements or proposals.
4. User Responsibilities
You agree to use the Site and our Services for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:
5. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Darby Digital, its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Darby Digital. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Data Processing Agreement with AccessiBe
Darby Digital partners with AccessiBe to enhance website accessibility and compliance. AccessiBe acts as a data processor on behalf of Darby Digital. In this capacity, AccessiBe may collect, store, and process personal data in accordance with applicable data protection laws.
By using our Site, you acknowledge that you have read and understood AccessiBe’s role as a data processor and agree to the processing of your personal data as described in their privacy policy, available at: https://accessibe.com/privacy-policy.
8. Disclaimer of Warranties
The Site and our Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of Liability
In no event shall Darby Digital, its affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of (or inability to access or use) the Site or Services; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use, or alteration of your transmissions or content.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
11. Changes to Services
Darby Digital reserves the right to change, suspend, or discontinue the Services at any time, for any reason, without notice.
12. Contact Information
For questions about these Terms, please contact us at:
Darby Digital
1950 Massachusetts Avenue, Cambridge, MA 02410
hello@withdarby.com
617-299-2600
13. Entire Agreement
These Terms constitute the entire agreement between you and Darby Digital regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral, regarding that subject matter.