Agreement between User and digitaltank.net

Welcome to digitaltank.net. The digitaltank.net website (the "Site") is comprised of various web

pages operated by DTMA, Inc. dba Digital Tank Marketing Agency ("DTMA"). digitaltank.net is

offered to you conditioned on your acceptance without modification of the terms, conditions, and

notices contained herein (the "Terms"). Your use of digitaltank.net constitutes your agreement to all

such Terms. Please read these terms carefully, and keep a copy of them for your reference.

digitaltank.net is an E-Commerce Site.

To provide marketing information about the digital marketing services we offer and the team

behind it all.

Electronic Communications

Visiting digitaltank.net or sending emails to DTMA constitutes electronic communications. You

consent to receive electronic communications and you agree that all agreements, notices,

disclosures and other communications that we provide to you electronically, via email and on the

Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

DTMA does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use digitaltank.net only with permission of a

parent or guardian.

Links to Third Party Sites/Third Party Services

digitaltank.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under

the control of DTMA and DTMA is not responsible for the contents of any Linked Site, including

without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

DTMA is providing these links to you only as a convenience, and the inclusion of any link does not

imply endorsement by DTMA of the site or any association with its operators.

Certain services made available via digitaltank.net are delivered by third party sites and

organizations. By using any product, service or functionality originating from the digitaltank.net

domain, you hereby acknowledge and consent that DTMA may share such information and data

with any third party with whom DTMA has a contractual relationship to provide the requested

product, service or functionality on behalf of digitaltank.net users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

digitaltank.net strictly in accordance with these terms of use. As a condition of your use of the Site,

you warrant to DTMA that you will not use the Site for any purpose that is unlawful or prohibited

by these Terms. You may not use the Site in any manner which could damage, disable,

overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

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You may not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of DTMA or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other

restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

DTMA content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of DTMA and the copyright owner. You agree that you do not acquire any ownership

rights in any protected content. We do not grant you any licenses, express or implied, to the

intellectual property of DTMA or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your DTMA account to third party accounts. By connecting your

DTMA account to your third party account, you acknowledge and agree that you are consenting

to the continuous release of information about you to others (in accordance with your privacy

settings on those third party sites). If you do not want information about you to be shared in this

manner, do not use this feature.

International Users

The Service is controlled, operated and administered by DTMA from our offices within the USA.

If you access the Service from a location outside the USA, you are responsible for compliance

with all local laws. You agree that you will not use the DTMA Content accessed through

digitaltank.net in any country or in any manner prohibited by any applicable laws, restrictions or

regulations.

Indemnification

You agree to indemnify, defend and hold harmless DTMA, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any

user postings made by you, your violation of any terms of this Agreement or your violation of any

rights of a third party, or your violation of any applicable laws, rules or regulations. DTMA

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with DTMA in

asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

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concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and DTMA agree otherwise, the arbitrator may not consolidate

more than one person's claims, and may not otherwise preside over any form of a representative

or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. DTMA, INC. DBA DIGITAL TANK MARKETING AGENCY

AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE

SITE AT ANY TIME.

DTMA, INC. DBA DIGITAL TANK MARKETING AGENCY AND/OR ITS SUPPLIERS

MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,

AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON

THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT

WARRANTY OR CONDITION OF ANY KIND. DTMA, INC. DBA DIGITAL TANK

MARKETING AGENCY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL

WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,

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SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL DTMA, INC. DBA DIGITAL TANK MARKETING AGENCY AND/OR ITS

SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,

SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER

INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR

PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR

PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE

OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING

OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DTMA, INC. DBA

DIGITAL TANK MARKETING AGENCY OR ANY OF ITS SUPPLIERS HAS BEEN

ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME

STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE

LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY

PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE

AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

DTMA reserves the right, in its sole discretion, to terminate your access to the Site and the related

services or any portion thereof at any time, without notice. To the maximum extent permitted by

law, this agreement is governed by the laws of the State of California and you hereby consent to

the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to

the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all

provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and DTMA as a result of this agreement or use of the Site. DTMA's performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement is

in derogation of DTMA's right to comply with governmental, court and law enforcement requests

or requirements relating to your use of the Site or information provided to or gathered by DTMA

with respect to such use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty disclaimers and liability

limitations set forth above, then the invalid or unenforceable provision will be deemed superseded

by a valid, enforceable provision that most closely matches the intent of the original provision and

the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and DTMA with respect to the Site and it supersedes all prior or contemporaneous

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communications and proposals, whether electronic, oral or written, between the user and DTMA

with respect to the Site. A printed version of this agreement and of any notice given in electronic

form shall be admissible in judicial or administrative proceedings based upon or relating to this

agreement to the same extent and subject to the same conditions as other business documents and

records originally generated and maintained in printed form. It is the express wish to the parties

that this agreement and all related documents be written in English.

Changes to Terms

DTMA reserves the right, in its sole discretion, to change the Terms under which digitaltank.net is

offered. The most current version of the Terms will supersede all previous versions. DTMA

encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

DTMA welcomes your questions or comments regarding the Terms:

DTMA, Inc. dba Digital Tank Marketing Agency

8532 Spring Azure Way

Elk Grove, California 95624

Email Address:

hello@digitaltank.net

Telephone number:

9162090285

Effective as of March 11, 2020