Terms & Conditions
The Delaney Agency — Terms of Service
Last Updated: March 31, 2025
Effective Date: March 31, 2025
These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and The Delaney Agency (“DA,” “we,” “us,” or “our”) regarding your access to and use of our websites, platforms, programs, services, or any other materials that link to or reference these Terms (“Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use our Services.
Table of Contents
Use of Our Services
Eligibility: You must be at least 18 years old to use our Services. By using the Services, you affirm that you meet this requirement. Minors are not allowed to use the Services.
Authorized Access: You agree not to share your account credentials or grant unauthorized access to others. You are responsible for all activity that occurs under your account.
Acceptable Use: You will not use the Services to: a) Violate any law or regulation b) Infringe on third-party rights c) Upload or distribute malicious code d) Harass, abuse, or harm others e) Engage in deceptive, fraudulent, or unethical behavior f) Upload, distribute, or promote content that is illegal, defamatory, harmful, or otherwise prohibited.
Scope of Use: The Services are provided exclusively for lawful purposes and may not be used in any manner that could damage, disable, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
Intellectual Property
All content on the Services, including but not limited to text, images, graphics, video, software, branding, and logos, is owned by or licensed to DA and protected under applicable intellectual property laws. You may not copy, distribute, modify, or create derivative works without our express written permission.
Users are permitted to download materials from us, but they may not sell or commercially distribute them.
All branded materials (logos, slogans, proprietary methods) are restricted unless The Delaney Agency grants explicit written permission.
Privacy - GDPR, CCPA, and ADA Compliance
Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. By using the Services, you agree to our Privacy Policy.
GDPR (General Data Protection Regulation): We ensure that users from the European Union (EU) have the right to access, modify, or request deletion of their personal data. Data is only collected and processed with explicit consent and retained for as long as necessary unless a removal request is made.
CCPA (California Consumer Privacy Act): We provide California residents the right to know what personal data is collected, the purpose of collection, and the right to request deletion of their data. Users may opt out of data sharing by contacting us at contracting@sfgdelaney.com.
ADA (Americans with Disabilities Act): We ensure that our Services are accessible to users with disabilities by providing adequate accommodation where applicable. This includes ensuring our online platforms are navigable for individuals with visual, auditory, or other disabilities.
Data is retained indefinitely unless a user requests its removal. Users can request data removal by emailing us at contracting@sfgdelaney.com.
We collect data through cookies, analytics, and third-party integrations. For more details, refer to our Cookie Policy.
Payments & No Refund Policy
We do not offer refunds. Users must be certain about their decision before signing up for our Services.
User Content
We do not allow user-generated content on our platforms. All materials provided by us are strictly for use as permitted within these Terms.
Consent and Communications
Users can withdraw consent for communications by: a) Replying “STOP” to any communication b) Contacting us at contracting@sfgdelaney.com c) Expressing their desire to withdraw consent or request removal via written communication to our official email: contracting@sfgdelaney.com, or by replying directly to the communication they received, expressing their intent to withdraw consent.
A2P Compliance: We require two separate, non-prechecked checkboxes for:
- SMS Notifications/Alerts
- Marketing/Promotional Messages
These checkboxes are optional. Submission will be rejected if they are set as required. Beneath these checkboxes, the following consent language applies:
“I consent to receive SMS Notifications and Alerts from The Delaney Agency. Message frequency varies. Standard message and data rates may apply from your carrier. Text HELP to +1 (609) 780-1146 for assistance. You can reply STOP to unsubscribe at any time.”
“By checking this box, I agree to receive occasional marketing messages from the Delaney Agency.”
Disclaimers
The Services are provided “as is” and “as available.” We make no warranties—express or implied—about the accuracy, reliability, or availability of the Services. You use the Services at your own risk.
Limitation of Liability
To the maximum extent permitted by law, DA shall not be liable for any indirect, incidental, consequential, or punitive damages, or for any loss of profits, revenues, or data arising from your use of the Services. Our total liability for any claims under these Terms shall not exceed the amount paid by you (if any) for access to the Services in the past twelve (12) months.
Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or if we reasonably believe your conduct is harmful.
Users will be given 15 working days’ notice prior to termination or suspension. Users have the right to appeal or inquire about a termination decision by contacting us at contracting@sfgdelaney.com.
Governing Law
These Terms shall be governed by the laws of the State of North Carolina. All disputes shall be resolved exclusively in the state or federal courts located in Mecklenburg County, North Carolina.
Changes to Terms
We may update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.
Indemnification
You agree to indemnify, defend, and hold harmless DA from any claims, liabilities, damages, losses, or expenses arising from your use of the Services.
Force Majeure
We shall not be liable for delays or failures due to events beyond our control, including natural disasters, governmental actions, or technological failures.
Severability & Non-Waiver
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any right or provision shall not constitute a waiver.
Contact Information
Email: contracting@sfgdelaney.com Phone: +1 (609) 780-1146 Address: 12 Regent Park Blvd, Asheville, NC 28806
By using our Services, you acknowledge and accept these Terms of Service.
