Terms and Conditions

Last updated: October 21, 2022

Please read these terms and conditions carefully before

using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have

meanings defined under the following conditions. The following definitions

shall have the same meaning regardless of whether they appear in singular or in

plural.

Definitions

For the purposes of these Terms and Conditions:

Application

means the software program provided by the Company downloaded by You on any

electronic device, named Digital Growth Agency

Application

Store

means the digital distribution service operated and developed by

Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the

Application has been downloaded.

Affiliate

means an entity that controls, is controlled by or is under common control with

a party, where "control" means ownership of 50% or more of the

shares, equity interest or other securities entitled to vote for election of

directors or other managing authority.

Account

means a unique account created for You to access our Service or parts of our

Service.

Country

refers to: Virginia, United States

Company

(referred to as either "the Company", "We", "Us"

or "Our" in this Agreement) refers to Digital Growth Agency LLC, 4445 Corporation

Ln, Unit 264, Virginia Beach, VA.

Content

refers to content such as text, images, or other information that can be

posted, uploaded, linked to or otherwise made available by You, regardless of

the form of that content.

Device

means any device that can access the Service such as a computer, a cellphone or

a digital tablet.

Goods

refer to the items offered for sale on the Service.

Orders

mean a request by You to purchase Goods from Us.

Promotions

refer to contests, sweepstakes or other promotions offered through the Service.

Service

refers to the Application or the Website or both.

Subscriptions

refer to the services or access to the Service offered on a subscription basis

by the Company to You.

Terms

and Conditions

(also referred as "Terms") mean these Terms and

Conditions that form the entire agreement between You and the Company regarding

the use of the Service.

Third-party

Social Media Service

means any services or content (including data,

information, products or services) provided by a third-party that may be

displayed, included or made available by the Service.

Website

refers to Digital Growth Agency, accessible from

https://digitalgrowthagency.us

You

means the individual accessing or using the Service, or the company, or other

legal entity on behalf of which such individual is accessing or using the

Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this

Service and the agreement that operates between You and the Company. These

Terms and Conditions set out the rights and obligations of all users regarding

the use of the Service.

Your access to and use of the Service is conditioned on Your

acceptance of and compliance with these Terms and Conditions. These Terms and

Conditions 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 and Conditions. If You disagree with any part of these Terms and Conditions

then You may not access the Service.

You represent that you are over the age of 18. The Company

does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on

Your acceptance of and compliance with the Privacy Policy of the Company. Our

Privacy Policy describes Our policies and procedures on the collection, use and

disclosure of Your personal information when You use the Application or the

Website and tells You about Your privacy rights and how the law protects You.

Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You

warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the

Service, You may be asked to supply certain information relevant to Your Order

including, without limitation, Your name, Your email, Your phone number, Your

credit card number, the expiration date of Your credit card, Your billing

address, and Your shipping information.

You represent and warrant that: (i) You have the legal right

to use any credit or debit card(s) or other payment method(s) in connection

with any Order; and that (ii) the information You supply to us is true, correct

and complete.

By submitting such information, You grant us the right to

provide the information to payment processing third parties for purposes of

facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any

time for certain reasons including but not limited to:

·

Goods availability

·

Errors in the description or prices for Goods

·

Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud

or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance

with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions.

Please read our Returns Policy to learn more about your right to cancel Your

Order.

Your right to cancel an Order only applies to Goods that are

returned in the same condition as You received them. You should also include

all of the products instructions, documents and wrappings. Goods that are

damaged or not in the same condition as You received them or which are worn

simply beyond opening the original packaging will not be refunded. You should

therefore take reasonable care of the purchased Goods while they are in Your

possession.

We will reimburse You no later than 14 days from the day on

which We receive the returned Goods. We will use the same means of payment as

You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the

supply of any of the following Goods:

·

The supply of Goods made to Your specifications

or clearly personalized.

·

The supply of Goods which according to their

nature are not suitable to be returned, deteriorate rapidly or where the date

of expiry is over.

·

The supply of Goods which are not suitable for

return due to health protection or hygiene reasons and were unsealed after

delivery.

·

The supply of Goods which are, after delivery,

according to their nature, inseparably mixed with other items.

·

The supply of digital content which is not

supplied on a tangible medium if the performance has begun with Your prior

express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the

Service. The Goods available on Our Service may be mispriced, described

inaccurately, or unavailable, and We may experience delays in updating

information regarding our Goods on the Service and in Our advertising on other

websites.

We cannot and do not guarantee the accuracy or completeness

of any information, including prices, product images, specifications,

availability, and services. We reserve the right to change or update information

and to correct errors, inaccuracies, or omissions at any time without prior

notice.

Prices Policy

The Company reserves the right to revise its prices at any

time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent

to accepting an Order in the event of any occurrence affecting delivery caused

by government action, variation in customs duties, increased shipping charges,

higher foreign exchange costs and any other matter beyond the control of the

Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment.

Payment can be made through various payment methods we have available, such as

Visa, MasterCard, Affinity Card, American Express cards or online payment

methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to

validation checks and authorization by Your card issuer. If we do not receive

the required authorization, We will not be liable for any delay or non-delivery

of Your Order.

Subscriptions

Subscription period

The Service or some parts of the Service are available only

with a paid Subscription. You will be billed in advance on a recurring and

periodic basis (such as daily, weekly, monthly or annually), depending on the

type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will

automatically renew under the exact same conditions unless You cancel it or the

Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your

Account settings page or by contacting the Company. You will not receive a

refund for the fees You already paid for Your current Subscription period and

You will be able to access the Service until the end of Your current

Subscription period.

Billing

You shall provide the Company with accurate and complete

billing information including full name, address, state, zip code, telephone

number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the

Company will issue an electronic invoice indicating that you must proceed

manually, within a certain deadline date, with the full payment corresponding

to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may

modify the Subscription fees. Any Subscription fee change will become effective

at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of

any change in Subscription fees to give You an opportunity to terminate Your

Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee

change comes into effect constitutes Your agreement to pay the modified

Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are

non-refundable.

Certain refund requests for Subscriptions may be considered

by the Company on a case-by-case basis and granted at the sole discretion of

the Company.

Promotions

Any Promotions made available through the Service may be

governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the

applicable rules as well as our Privacy policy. If the rules for a Promotion

conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us

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 Social

Media 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 may not use as a username the name of another person or

entity or that is not lawfully available for use, a name or trademark that is

subject to any rights of another person or entity other than You without

appropriate authorization, or a name that is otherwise offensive, vulgar or

obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible

for the Content that You post to the Service, including its legality,

reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and

license to use, modify, publicly perform, publicly display, reproduce, and

distribute such Content on and through the Service. You retain any and all of

Your rights to any Content You submit, post or display on or through the

Service and You are responsible for protecting those rights. You agree that

this license includes the right for Us to make Your Content available to other

users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours

(You own it) or You have the right to use it and grant Us the rights and

license as provided in these Terms, and (ii) the posting of Your Content on or

through the Service does not violate the privacy rights, publicity rights,

copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the

Service's users. You expressly understand and agree that You are solely

responsible for the Content and for all activity that occurs under your

account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful,

offensive, upsetting, intended to disgust, threatening, libelous, defamatory,

obscene or otherwise objectionable. Examples of such objectionable Content

include, but are not limited to, the following:

·

Unlawful or promoting unlawful activity.

·

Defamatory, discriminatory, or mean-spirited

content, including references or commentary about religion, race, sexual

orientation, gender, national/ethnic origin, or other targeted groups.

·

Spam, machine – or randomly – generated,

constituting unauthorized or unsolicited advertising, chain letters, any other

form of unauthorized solicitation, or any form of lottery or gambling.

·

Containing or installing any viruses, worms,

malware, trojan horses, or other content that is designed or intended to

disrupt, damage, or limit the functioning of any software, hardware or

telecommunications equipment or to damage or obtain unauthorized access to any

data or other information of a third person.

·

Infringing on any proprietary rights of any

party, including patent, trademark, trade secret, copyright, right of publicity

or other rights.

·

Impersonating any person or entity including the

Company and its employees or representatives.

·

Violating the privacy of any third person.

·

False information and features.

The Company reserves the right, but not the obligation, to,

in its sole discretion, determine whether or not any Content is appropriate and

complies with this Terms, refuse or remove this Content. The Company further

reserves the right to make formatting and edits and change the manner of any

Content. The Company can also limit or revoke the use of the Service if You

post such objectionable Content. As the Company cannot control all content

posted by users and/or third parties on the Service, you agree to use the

Service at your own risk. You understand that by using the Service You may be

exposed to content that You may find offensive, indecent, incorrect or objectionable,

and You agree that under no circumstances will the Company be liable in any way

for any content, including any errors or omissions in any content, or any loss

or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the

Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without

limitation, Content that is corrupted prior to being backed up or that changes

during the time a backup is performed.

The Company will provide support and attempt to troubleshoot

any known or discovered issues that may affect the backups of Content. But You

acknowledge that the Company has no liability related to the integrity of

Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any

Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is

Our policy to respond to any claim that Content posted on the Service infringes

a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of

one, and You believe that the copyrighted work has been copied in a way that

constitutes copyright infringement that is taking place through the Service,

You must submit Your notice in writing to the attention of our copyright agent

via email at

[email protected]

and include in Your notice a detailed

description of the alleged infringement.

You may be held accountable for damages (including costs and

attorneys' fees) for misrepresenting that any Content is infringing Your

copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital

Millennium Copyright Act (DMCA) by providing our Copyright Agent with the

following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·

An electronic or physical signature of the

person authorized to act on behalf of the owner of the copyright's interest.

·

A description of the copyrighted work that You

claim has been infringed, including the URL (i.e., web page address) of the

location where the copyrighted work exists or a copy of the copyrighted work.

·

Identification of the URL or other specific

location on the Service where the material that You claim is infringing is

located.

·

Your address, telephone number, and email

address.

·

A statement by You that You have a good faith

belief that the disputed use is not authorized by the copyright owner, its

agent, or the law.

·

A statement by You, made under penalty of

perjury, that the above information in Your notice is accurate and that You are

the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email

at

[email protected]

. Upon receipt of a notification, the Company will take

whatever action, in its sole discretion, it deems appropriate, including

removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content

provided by You or other users), features and functionality are and will remain

the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other

laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection

with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or

services that are not owned or controlled by the Company.

The Company has no control over, and assumes no

responsibility for, the content, privacy policies, or practices of any third

party web sites or services. You further acknowledge and agree that the Company

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 the 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 the terms and conditions and

privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately,

without prior notice or liability, for any reason whatsoever, including without

limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease

immediately. If You wish to terminate Your Account, You may simply discontinue

using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire

liability of the Company and any of its suppliers under any provision of this

Terms and Your exclusive remedy for all of the foregoing shall be limited to

the amount actually paid by You through the Service or 100 USD if You haven't

purchased anything through the Service.

To the maximum extent permitted by applicable law, in no

event shall the Company or its suppliers be liable for any special, incidental,

indirect, or consequential damages whatsoever (including, but not limited to,

damages for loss of profits, loss of data or other information, for business

interruption, for personal injury, loss of privacy arising out of or in any way

related to the use of or inability to use the Service, third-party software

and/or third-party hardware used with the Service, or otherwise in connection

with any provision of this Terms), even if the Company or any supplier has been

advised of the possibility of such damages and even if the remedy fails of its

essential purpose.

Some states do not allow the exclusion of implied warranties

or limitation of liability for incidental or consequential damages, which means

that some of the above limitations may not apply. In these states, each party's

liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and

"AS AVAILABLE" and with all faults and defects without warranty of

any kind. To the maximum extent permitted under applicable law, the Company, on

its own behalf and on behalf of its Affiliates and its and their respective

licensors and service providers, expressly disclaims all warranties, whether

express, implied, statutory or otherwise, with respect to the Service,

including all implied warranties of merchantability, fitness for a particular

purpose, title and non-infringement, and warranties that may arise out of

course of dealing, course of performance, usage or trade practice. Without

limitation to the foregoing, the Company provides no warranty or undertaking,

and makes no representation of any kind that the Service will meet Your

requirements, achieve any intended results, be compatible or work with any

other software, applications, systems or services, operate without

interruption, meet any performance or reliability standards or be error free or

that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any

of the company's provider makes any representation or warranty of any kind,

express or implied: (i) as to the operation or availability of the Service, or

the information, content, and materials or products included thereon; (ii) that

the Service will be uninterrupted or error-free; (iii) as to the accuracy,

reliability, or currency of any information or content provided through the

Service; or (iv) that the Service, its servers, the content, or e-mails sent

from or on behalf of the Company are free of viruses, scripts, trojan horses,

worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain

types of warranties or limitations on applicable statutory rights of a consumer,

so some or all of the above exclusions and limitations may not apply to You.

But in such a case the exclusions and limitations set forth in this section

shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law

rules, shall govern this Terms and Your use of the Service. Your use of the

Application may also be subject to other local, state, national, or

international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You

agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from

any mandatory provisions of the law of the country in which you are resident

in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service

is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a

country that is subject to the United States government embargo, or that has

been designated by the United States government as a "terrorist

supporting" country, and (ii) You are not listed on any United States

government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable

or invalid, such provision will be changed and interpreted to accomplish the

objectives of such provision to the greatest extent possible under applicable

law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right

or to require performance of an obligation under these Terms shall not effect a

party's ability to exercise such right or require such performance at any time

thereafter nor shall the waiver of a breach constitute a waiver of any

subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We

have made them available to You on our Service. You agree that the original

English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or

replace these Terms at any time. If a revision is material We will make

reasonable efforts 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, in whole or in part, please stop using the

website and the Service.

Contact Us

If you have any questions about these Terms and Conditions,

You can contact us:

·

By email:

[email protected]