PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site is subject to the following terms and conditions (“Terms and Conditions”) and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site.
Welcome to the user agreement, (hereinafter the “Agreement” or “User Agreement”), for Websites, which include, but are not limited to, www.davidandgoliathagency.com and it’s affilites all owned by David and Goliath Agency, LLC, an New Mexico Limited Liability Corporation (“David and Goliath Agency, LLC”). This agreement applies to persons who have purchased a product or service from a David and Goliath Agency, LLC Website (“Customers”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access David and Goliath Agency, LLC services (“Services”) or David and Goliath Agency, LLC Websites (hereinafter referred to collectively as “the Site”). In these Terms and Conditions, “us”, “we”, “our”, “the Site” refers to David and Goliath Agency, LLC, and “you” or “your” refers to you, the user of this Website.
2. Description of Services
3. Binding Nature
4. Change Control
David and Goliath Agency, LLC reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following David and Goliath Agency, LLC posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended David and Goliath Agency, LLC affiliates. Competitors are not authorized to access or use our website without express, written permission from us in advance of such access. If you do not qualify, please do not use our Site. Further, your David and Goliath Agency, LLC account User ID and password may not be transferred, loaned, given or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
6. Customer’s Responsibilities
As a David and Goliath Agency, LLC customer you are obligated to read this Agreement before you purchase anything or provide any information via any of the David and Goliath Agency, LLC Sites. You agree to read and be bound to the terms of this Agreement. David and Goliath Agency, LLC does not offer legal or financial advice concerning the purchase of any of the products offered via the Site. Nothing in this Agreement is to be interpreted as legal advice or guidance.
7. Restricted Activities
Your information and activities on the Site shall not:
• Be false, inaccurate or misleading.
• Be fraudulent; Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
• Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition anti-discrimination or false advertising).
• Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
• Furthermore, you may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
8. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
• Take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers.
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of David and Goliath Agency, LLC and the appropriate third party, as applicable.
• Attempt to interfere with the proper working of the Site or any activities conducted on the Site.
• Bypass any measures we may use to prevent or restrict access to the Site.
Your privacy is very important to us! No effort is ever made to identify individuals without their explicit knowledge and we will not provide any of your personal information to other companies or individuals without your permission, nor will we sell, share or rent your personal information to our partners or affiliates.
10. Intellectual Property
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
11. DMCA Policy
David and Goliath Agency, LLC takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement by removing from our website any infringing material when a DMCA compliant notice is provided to us.
12. DMCA Notice
In accordance with the Digital Millennium Copyright Act (“DMCA”), David and Goliath Agency, LLC has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
David and Goliath Agency, LLC
Attn: Support Division
1380 Rio Rancho Blvd.
Rio Rancho NM 87124
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: ” A description of the copyrighted work claimed to have been infringed; ” A description of the infringing material and information reasonably sufficient to permit David and Goliath Agency, LLC to locate the material; ” Your contact information, including your mailing address, telephone number, and email address; ” A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; ” A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and ” A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
13. National Do Not Call Registry
Please be advised that if you complete a contact form on the Site, you have expressly agreed to be contacted via telephone by David and Goliath Agency, LLC regardless of whether you are listed on the National Do Not Call Registry.
14. Fax Policy
Please be advised that if you provide us with a fax number, you have expressly granted us the right to contact you via fax.
15. Results May Vary
DAVID AND GOLIATH, LLC MAKES NO REPRENTATIONS OR GUARANTEES AS TO ANY REVENUES OR PROFITS THAT CAN BE EARNED FROM ANY PRODUCTS OR SERVICES ORDERED. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND PROGRAMS. EXAMPLES ON THE SITE ARE NOT TO BE INTERPRETED AS PROMISES OR GUARANTEES OF EARNINGS. EARNINGS WILL VARY PER PERSON. THEREFORE, DAVID AND GOLIATH AGENCY, LLC CAN NOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS OR INACTIONS. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO THOSE DESCRIBED ON THE SITE AND IN OUR MATERIALS.
16. Dispute Resolution
Should you reasonably determine that any of David and Goliath Agency, LLC products or services do not meet obligations under this Agreement, then you must notify David and Goliath, LLC in writing via certified mail, within three (3) days of receiving any such allegedly non-conforming products. Failure to notify David and Goliath Agency, LLC within said time period shall mean that you accept such products/services, and David and Goliath Agency, LLC shall thereafter have no liability with respect to such products. Any claim or cause of action arising out of this agreement or your use of David and Goliath Agency, LLC products must be filed in writing via certified mail within three (3) days after such claim or cause of action arose or forever barred.
Any controversy or claim arising out of or relating to this agreement, the inducement or the breach thereof, shall be settled by binding arbitration in Sandoval County, New Mexico in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
All claims and disputes, other than those required to be the subject of arbitration here under, arising directly or indirectly from this agreement, shall be resolved in the federal or state courts situated in Sandoval County, New Mexico. No other court shall have jurisdiction over such matters and venue shall not be appropriate in any other location.
Your use of this site shall be governed in all respects by the laws of the state of New Mexico, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products and services) shall be in the state or federal courts located in Sandoval County, New Mexico. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products and services) must be commenced within three (3) days after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
17. General Provisions
This is the entire Agreement governing the use of the David and Goliath Agency, LLC products and services and Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of New Mexico, without regard to that state’s conflict of laws provisions. By using the Site or ANY of our services, you expressly agree that personal jurisdiction and venue are proper in the state and federal courts located in the State of New Mexico. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of David and Goliath Agency, LLC in accordance with applicable law and the remainder of the Agreement shall remain in full force.
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
David and Goliath Agency, LLC
Attn: Support Division
1380 Rio Rancho Blvd.
Rio Rancho NM 87124
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.