Last Updated: December 27, 2025
Welcome to 90West Digital Inc. These Terms and Conditions ("Terms") govern your use of our website ninetywestdigital.com (the "Site") and the services we provide. By accessing or using our Site and services, you agree to be bound by these Terms.
IMPORTANT: Please read these Terms carefully before using our Site or services. If you do not agree to these Terms, do not use our Site or services.
By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Site.
We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be indicated by updating the "Last Updated" date. Your continued use of the Site following any changes constitutes acceptance of those changes.
90West Digital Inc. provides marketing services including, but not limited to:
Specific services, deliverables, timelines, and fees will be outlined in separate service agreements or proposals.
You may use the Site for lawful purposes only and in accordance with these Terms. You agree not to:
If you create an account or provide information through our forms, you are responsible for maintaining the confidentiality of your information and for all activities that occur under your account.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by 90West Digital Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The 90West Digital name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 90West Digital Inc. You may not use such marks without our prior written permission.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.
Specific marketing services will be governed by separate written agreements, proposals, or statements of work that will include:
Clients agree to:
Fees for services will be outlined in separate agreements. Unless otherwise specified:
Refund policies will be specified in individual service agreements. Generally, services already performed are non-refundable.
Our Site may contain links to third-party websites or services (including Calendly) that are not owned or controlled by 90West Digital Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
90WEST DIGITAL INC. DOES NOT WARRANT THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 90WEST DIGITAL INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless 90West Digital Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship, except as required by law or with prior written consent.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including breach of these Terms.
You may stop using the Site at any time. Service agreements may have separate termination provisions.
Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in California, and the parties irrevocably consent to personal jurisdiction and venue there.
At 90West Digital Inc.'s sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and 90West Digital Inc. regarding use of the Site.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and 90West Digital Inc.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have questions about these Terms, please contact us:
90West Digital Inc.
Email: matthew@90westdigital.com
Phone: (619) 320-5132
Address: 865 Eugenie Ave. Encinitas, CA 92024
BY USING OUR SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
← Back to Home