Terms of Service
1. Agreement and Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "User", or "Client"), and Flock Nights, LLC dba DimeDigi ("Company", "DimeDigi", "we", "us", or "our"), concerning your access to and use of the DimeDigi website (dimedigi.com), marketing services, lead generation applications, software platforms, and agency management tools (collectively, the "Services").
By accessing, browsing, or utilizing any portion of our Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
2. Description of Services
DimeDigi provides agency automation, digital marketing, local service lead routing, custom software platforms, CRM integration, and performance consulting. We reserve the right to modify, update, enhance, or discontinue any aspect of our Services at any time without prior notice.
3. Analytics, Tracking & Cookies
Our website uses Google Analytics 4 (Measurement ID: G-NDRQH6BX7M) and Cloudflare Turnstile to analyze site traffic and prevent spam submissions. These services place cookies on your device to collect anonymous usage data. By continuing to use our website, you consent to the use of these cookies and tracking technologies as described in our Privacy Policy.
You may opt out of analytics tracking at any time by installing the Google Analytics Opt-Out Browser Add-on or by adjusting your browser's cookie settings. Full details about the specific cookies we use and your rights regarding them are available in Section 3 of our Privacy Policy.
4. Intellectual Property Rights
Unless otherwise explicitly stated in writing, all source code, databases, software, website designs, audio, video, text, playbooks, templates, graphics, and trademarks (collectively, the "Content" and "Marks") contained within the Services are owned by or licensed to Flock Nights, LLC dba DimeDigi and are protected by United States and international copyright, trademark, and intellectual property laws.
Except as expressly permitted under a active commercial agreement with DimeDigi, no part of the Services or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
5. User Representations & Acceptable Use
By accessing or using the Services, you represent and warrant that:
- You have the legal capacity and agree to comply with these Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Services through automated or non-human means, whether through a bot, script, scraper, or otherwise, without our explicit authorization;
- You will not use the Services for any illegal, unauthorized, or infringing purpose;
- Your use of the Services will not violate any applicable local, state, federal, or international law or regulation.
6. Fees, Subscriptions, and Billing Terms
Services provided under commercial arrangements, agency packages, or recurring software subscriptions are subject to agreed-upon payment terms. All billing schedule details, setup fees, and recurring charges are specified in your invoice or electronic agreement. Unless expressly provided in a written agreement signed by an authorized officer of Flock Nights, LLC dba DimeDigi, all payments are non-refundable once services have been initiated or digital playbooks deliverable assets delivered.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOCK NIGHTS, LLC DBA DIMEDIGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES. DIMEDIGI DOES NOT GUARANTEE ANY SPECIFIC REVENUE, SALES VOLUME, SEARCH ENGINE RANKING, OR CLIENT CONVERSION RATE UNLESS EXPRESSLY SET FORTH IN A SEPARATE WRITTEN GUARANTEE AGREEMENT.
8. Limitation of Liability
IN NO EVENT WILL FLOCK NIGHTS, LLC DBA DIMEDIGI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR ONE HUNDRED US DOLLARS ($100.00).
9. Indemnification
You agree to defend, indemnify, and hold harmless Flock Nights, LLC dba DimeDigi, its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
10. Governing Law & Dispute Resolution
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware (or applicable operating jurisdiction of Flock Nights, LLC) without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in state or federal court, and you irrevocably waive any objection to venue or inconvenience of forum.
11. Changes to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates.
12. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: