Terms of Service

Thank you for choosing Digital Marketing Labs!

Please read these Terms carefully. By signing up as a client of Digital Marketing Labs, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement.

Sacramento Marketing Labs Inc., (“Digital Marketing Labs”) provides digital advertising services (the “Services”), to which customers may sign up through the URL www.DigitalMarketingLabs.com (the “Website”). Sacramento Marketing Labs is a California limited liability corporation, doing business as Digital Marketing Labs (“Digital Marketing Labs,” “we,” or “us”). Digital Marketing Labs has employees, independent contractors, and representatives (“our Team”). Digital Marketing Labs places advertisements online via advertising platforms like Google, Bing, Facebook, Twitter, Amazon, LinkedIn, Baidu, Metro Print & Mail Solutions, and programmatic providers (our “Partners”). As a customer of the Services or a representative of an entity that’s a customer of the Services, you’re a “Customer” according to this agreement (or “you”).

These Terms of Use (“Terms”, including our Privacy Policy) define the terms and conditions under which you’ll engage Digital Marketing Labs and how we’ll treat your account while you’re a Customer. If you have any questions about our terms, feel free to contact us.

ACCOUNT

1. Eligibility

In order to engage Digital Marketing Labs, you must:

• be at least eighteen (18) years old and be able to enter into contracts;
• complete the registration process;
• agree to the Terms; and
• provide true, complete, and up to date contact and billing information.

By engaging Digital Marketing Labs, you represent and warrant that you meet all the requirements listed above, and that you won’t use Digital Marketing Labs Services in a way that violates any laws or regulations or policies, including the advertising policies of Partners like Google, Bing and Facebook. Digital Marketing Labs may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for Digital Marketing Labs and continues as long as you use the Services. Clicking the green “Place My Order” button on the sign-up page means that you’ve officially “signed” the Terms. If you sign up for Digital Marketing Labs on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Digital Marketing Labs may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Services to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a pro-rated portion of your monthly prepayment. We won’t refund or reimburse you if there is cause, like a violation of these Terms or our Partners’ policies. If you terminate your account without cause, we will not refund a pro-rated portion of your monthly prepayment.

Under no circumstances do we terminate or delete any data of yours within your Google AdWords, Bing Ads, Facebook Ads or any other Partner account.

4. Partner Accounts

You’re responsible for your relationship with our advertising Partners. While we can create the advertising account(s) with Google, Bing, Facebook, et al., on your behalf, you will be the sole owner of the account(s). You’ll need to maintain your own login credentials, current contact & billing information, and good payment standing with the Partner(s) at all times.

Digital Marketing Labs does not control, sponsor, or exercise influence over any of our advertising platform Partners or their products, services or decisions. Accordingly, you agree that Digital Marketing Labs shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with them or as the result of our dealings with them on your behalf.

5. Setup Credentials

To set up your Services, we may require access to accounts that you already control, such as Google Merchant Center, Google Analytics, Google Search Console, Google Tag Manager, your shopping cart/website, or other third-party software. We will request the specific accesses required and will rely on you to provide them in a timely manner so that we can complete our set up tasks.

6. Changes to these Terms

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Digital Marketing Labs. We may change the Website, the Services, or any features or prices of the Services at any time.

PAYMENT

7. Plans & Pricing

Since every project is different we do not have set plans or pricing. Every project begins with a conversation and a detailed proposal based on the estimated number of hours needed to provide the service. All projects consist of a one-time setup fee, regardless of whether we are starting a new account or taking over management of an existing account, and a monthly management rate.

For PPC advertising the first 30 days of management is included in the setup fee. At the end of each 30-day period, the management fee is calculated based on the adspend of that month (adspend means the total amount you paid to the advertising Partner to serve your ads).

Fees are always charged in advance of each monthly period. However, there is no lock-in to the Services and no minimum contracts. If you are unsatisfied with your advertising results you can stop anytime. Set-up fees are not refundable and monthly management fees are not pro-rated.

8. Promotional Credits

You may be in possession of promotional advertising credits Partners If you’d like us to apply those credits to your account, please be sure to inform your account manager or email bookkeeping@sacramentomarketinglabs.com prior to the start of your campaign(s).

9. Credit Cards

As long as you’re a Customer or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

10. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Customer applies for one based on the requirements posted on the Website.

11. Charges for Add-Ons

Some features are offered as add-ons to your Digital Marketing Labs account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like Amazon Ads or Baidu, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms”).

12. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

RIGHTS

13. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and any software used to provide Digital Marketing Labs (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets, including our brand name, with prior written approval.

14. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your ads and website, including any and all images. You retain ownership of the materials that you provide for the Services. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

15. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

16. Right to Review Ad Campaigns

We may view, copy, and internally distribute content from your ad campaigns and account to create algorithms and programs (“Tools”) that help us spot problems, set bids, manage budgets and generate keyword lists. We may also use these Tools to find Customers who violate these Terms or laws or policies.

RULES AND ABUSE

17. Compliance with Laws

You represent and warrant that your use of Digital Marketing Labs Services will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Services, then we won’t be liable if our Services don’t meet those requirements. You may not use our Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

If you’re located in the European Economic Area (EEA) or advertise to anyone in the EEA, you represent and warrant that in creating your retargeting lists, serving ads via Digital Marketing Labs Partners, and collecting information or serving cookies, you:

• will clearly describe in writing how you plan to use any data collected, including for your use or for Digital Marketing Labs. You’ll get express consent to transfer data to Digital Marketing Labs and be processed, and you’ll otherwise comply with whatever privacy policy you have posted
• have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Digital Marketing Labs
• have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Digital Marketing Labs to receive and process data and send communications to that individual on your behalf
• agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

LIABILITY

18. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Digital Marketing Labs Services, including any dealings with our Partners. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Services in any month will be no more than what you paid us for the Services the month before.

19. No Warranties

To the maximum extent permitted by law, we provide the material on our Website and our Services as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Digital Marketing Labs for a variety of reasons and goals, we can’t guarantee that it will meet your specific needs.

20. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your Partner accounts did that, if true, would violate any of these Terms.

21. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

22. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

23. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

24. Disclaimers

We and our Team aren’t responsible for the behavior of any Partners, linked websites, or other Customers.

FINE PRINT

25. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

26. Choice of Law

The State of California’s laws will apply to any dispute related to these Terms or the Services. Any dispute related to the Terms, the Privacy Policy, or the Services themselves will be decided by the state and federal courts in Sacramento County, California, and each party will be subject to the jurisdiction of those courts.

27. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party software providers or internet service providers.

28. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

29. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

30. Interpretation

The titles and header texts are provided only to make this Agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

31. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

32. No Changes in Terms at Request of Customer

Because we have many Customers, we can’t change these Terms for any one Customer or group.

33. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

34. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Sacramento Marketing Labs, LLC, 801 16th Street, Sacramento CA, 95814 or any addresses as we may later post on the Website.

35. Entire Agreement

These Terms, our Privacy Policy, and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Digital Marketing Labs’ terms and policies.