This page provides details about the policies that apply to services available to you, whether personally or on behalf of an entity (“you”) from Blue Denim Digital LLC (“we,” “us” or “our”).
This page applies to the services we provide via our various website services, as well as any other related activities, whether in-person, by telephone, online, by email, or via any other communication method. This includes both paid and free sessions.
By engaging any of our website services, you indicate full understanding of and agreement with the information as outlined below. For certain services, clients will receive an agreement for review and approval before we get started.
1. In regard to our website services, you understand and agree that you are fully and solely responsible for any decisions you make and/or actions you choose to take (or not take) and their results.
2. In no event shall we be liable to you for any lost profits, or special, incidental, punitive or consequential damages (even if we have been advised of the possibility of such damages). Furthermore, in no event shall our liability to you under any circumstances exceed the amount of compensation actually received by us from you.
3. You shall indemnify, defend and hold us harmless from and against any and all third-party claims, liability, suits, losses, damages and judgments, joint or several, and shall pay all costs and expenses (including counsel’s fees and expenses) as they are incurred in connection with the investigation of, preparation for or defense of any pending or threatened claim or any action or proceeding arising there from, that we incur as a result of having performed services on behalf of you.
4. We warrant that (i) our services shall be performed in a professional, competent, and workmanlike manner; and (ii) that any deliverables furnished by us, taken in their entirety, will be an original work (provided that we may make authorized use of certain pre-existing components) and will not contain elements that we know or have reason to suspect infringe the intellectual property or publicity rights of a third party. EXCEPT AS EXPRESSLY STATED IN THIS PARAGRAPH, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS,” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR DELIVERABLES. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
5. This policy and Website Services work performed shall be governed, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the conflicts of laws rules thereof. Exclusive jurisdiction and venue for the adjudication of any disputes relating to this Contract shall be in the state and federal courts (including the appellate courts) for the Commonwealth of Pennsylvania, and we both consent to the jurisdiction and venue of such courts. You waive any right to or claim of sovereign immunity.
6. Neither of us may assign our rights and/or obligations under this policy for these Website Services without the written consent of the other party.
7. This is a nonexclusive arrangement; we retain the right to be employed by, contract with, or otherwise perform similar or different services for other individuals or entities while we are providing these Website Services.
If you have questions or comments about these policies, please contact us at:
Blue Denim Digital LLC
668 Stony Hill Road #245
Yardley PA 19067
Last updated: June 2, 2020