Terms & Conditions
Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of this website ("Website") and the services provided by Powderday Digital ("Company," "we," "our," or "us"). By accessing or using our Website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.
Services
Powderday Digital provides marketing consulting and management services, including but not limited to paid advertising, user acquisition, email monetization, and SMS strategy. The specific scope, deliverables, and terms of any services will be outlined in a separate agreement or statement of work between you and Powderday Digital.
Use of Website
You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Website in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
- Use any automated means to access the Website or collect information from it
- Interfere with or disrupt the Website or servers or networks connected to the Website
- Transmit any viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
Intellectual Property
All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of Powderday Digital or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this Website without our prior written consent.
Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee any specific results from the use of our services.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, POWDERDAY.CO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Indemnification
You agree to indemnify, defend, and hold harmless Powderday Digital and its 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 of the Website or services, your violation of these Terms, or your violation of any rights of any third party.
Third-Party Links
Our Website may contain links to third-party websites or services that are not owned or controlled by Powderday Digital. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such websites or services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any separate agreements for services, constitute the entire agreement between you and Powderday Digital regarding the use of our Website and services, and supersede any prior agreements or understandings.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Website or services after any changes constitutes your acceptance of the new Terms.
Contact Us
If you have any questions about these Terms, please contact us.