38 Digital Market Terms and Conditions
2023 Terms and Conditions
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You will be invoiced for services. You agree to read any invoices carefully and contact Us if there are any questions. If you do not object to the invoice withing sixty (60) days after the date of the invoice, you will waive any objections to the invoice and will be deemed to have accepted all charges on such invoice.
The Service and its original content, features, and functionality are and will remain the exclusive property of 38 Digital Market and its licensors until payment is received in full.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by 38 Digital Market.
38 Digital Market has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that 38 Digital Market shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read and comply with the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. THIS SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. Our liability under this agreement will not exceed the fees paid by you under this agreement during the six  months preceding the date upon which the related claim arose.
Governing Law and Disputes
These Terms shall be governed and construed in accordance with the laws of Cuyahoga County in the State of Ohio of the United States without regard to its conflict of law provisions. In the event of any dispute under these Terms, the exclusive jurisdiction for any lawsuit shall be the state and federal courts located in Cuyahoga County, Ohio. In the event that we need to resort to legal process to collect any amounts due hereunder or to enforce any terms of this Agreement, if we are successful, you will agree to pay our reasonable costs to do so, including but not limited to legal fees, court costs, etc.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
In no event shall we be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that we shall use reasonable efforts which are consistent with accepted practices in the marketing industry to resume performance as soon as practicable under the circumstances.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.