Disclaimer

1. Overview

This Disclaimer explains the limits of what DataGuys.co LLC (“DataGuys”, dataguys.co) promises about its services, its website, and the information we provide. It works together with, and is incorporated by reference into, our Terms of Service — in particular the disclaimers and limitation-of-liability section of those Terms. Where this page and the Terms address the same subject, read them together; nothing here is meant to reduce any right you have that cannot be waived under applicable law. In this document, “DataGuys,” “we,” “us,” and “our” refer to DataGuys, a global provider, and “you” refers to the customer or visitor.

2. Services provided “as is” and “as available”

Except as expressly and specifically stated in a written agreement with us, all DataGuys services — including web hosting (shared, managed WordPress, semi-dedicated “Hosting Plus,” and VDS / VPS servers), domain registration, professional email, security products, SEO and marketing, and custom website design — together with this website, are provided on an “as is” and “as available” basis, with all faults, and without warranties of any kind, whether express, implied, or statutory.

To the maximum extent permitted by law, we disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from a course of dealing or usage of trade. In particular, we do not warrant that:

• the services will be uninterrupted, timely, secure, or error-free;
• any defects, bugs, or errors will be corrected, or that the services are free of viruses or other harmful components;
• the results obtained from using the services will be accurate, reliable, or meet your requirements or expectations;
• data storage, transmission, or backups will be free from loss, corruption, delay, or unauthorized access.

We do not guarantee a specific uptime. Our Service Level Agreement describes our monitoring, incident handling, and support expectations; it does not create an availability warranty.

3. No professional advice

Content on this website and in our documentation, blog posts, guides, and support communications is provided for general informational purposes only. It is not legal, financial, tax, accounting, investment, or other professional advice, and it is not a substitute for advice from a qualified professional who is familiar with your specific situation. You should not act, or refrain from acting, on the basis of information from us without seeking appropriate professional advice. Any reliance you place on such information is strictly at your own risk.

4. Results are not guaranteed

The performance of a website, online store, or marketing campaign depends on many factors outside our control — including your content, pricing, products, market conditions, competition, search-engine and social-platform algorithms, and the actions of third parties. Accordingly, we do not guarantee any specific result.

For our SEO and marketing services in particular, we do not guarantee specific search rankings, placement, traffic volumes, leads, conversions, sales, or revenue, and we do not control or influence the ranking or indexing decisions of Google or any other search engine or platform. Estimates, projections, forecasts, or examples of past performance are illustrative only and are not a promise or guarantee of future results. Similarly, any performance figures we cite for hosting (such as speed, load times, or capacity) are typical examples and depend on your configuration, code, traffic, and third-party integrations.

5. Third-party services, links, and content

Our services rely on and interoperate with third parties, and our site and your projects may link to or integrate third-party websites, software, plugins, themes, APIs, and content. This includes, among others, our payment processors (Stripe and PayPal), our domain registrar partner (Cloudflare, which also provides DNS, CDN, and DDoS protection), and Zoho (email delivery and MX). We do not control these third parties and are not responsible for their availability, performance, content, security, acts, or omissions.

Domain registrations are further subject to the policies of the applicable registry, our registrar partner, and the Internet Corporation for Assigned Names and Numbers (ICANN), including registration, renewal, transfer, grace-period, and dispute-resolution rules that we do not set and cannot waive. Any software, service, or content you choose to install, integrate, or link to is your responsibility, and we make no warranty regarding it. A link from us to a third-party resource does not constitute an endorsement.

6. Backups are best-effort

Where a plan includes backups, those backups are provided on a best-effort, commercially reasonable basis as a convenience and are not guaranteed. We do not warrant that any backup will be available, complete, current, uncorrupted, or successfully restorable, and backups are not a substitute for your own independent backups. You are solely responsible for maintaining your own current, off-site copies of your website, databases, email, and other data. To the maximum extent permitted by law, we are not liable for any loss, corruption, or inability to recover data.

7. Limitation of liability

To the maximum extent permitted by applicable law, and consistent with our Terms of Service, DataGuys’ total cumulative liability for any and all claims arising out of or relating to the services — whether based in contract, warranty, tort (including negligence), strict liability, or any other theory — is limited to the total amount you actually paid us for the affected service during the twelve (12) months immediately before the event giving rise to the claim.

To the maximum extent permitted by law, in no event will DataGuys, or its owners, personnel, or suppliers, be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, use, or data, or for the cost of substitute services, even if we have been advised of the possibility of such damages, and even if a limited remedy is found to have failed of its essential purpose. These limitations apply in the aggregate and are a fundamental part of the bargain between you and us.

8. Indemnification

You agree to defend, indemnify, and hold harmless DataGuys and its owners, personnel, and suppliers from and against any claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: your content; your websites, applications, or use of the services; your violation of these policies, our Terms of Service, our Acceptable Use Policy, or applicable law; or your infringement or misappropriation of the intellectual-property or other rights of any third party. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

9. State-law rights and severability

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of incidental or consequential damages. To the extent an exclusion or limitation in this Disclaimer is not permitted in your jurisdiction, that exclusion or limitation may not apply to you, and instead our liability will be limited to the greatest extent permitted by law. If any provision of this Disclaimer is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

10. Governing law

This Disclaimer is governed by the laws of the state in which DataGuys.co LLC is organized and applicable United States federal law, without regard to conflict-of-law rules. Any dispute arising out of or relating to it will be brought exclusively in the state or federal courts located in the county and state in which DataGuys.co LLC is organized, and you consent to the personal jurisdiction of those courts.

11. Contact

Questions about this Disclaimer? Email contact@dataguys.co or call or text (520) 309-5786. DataGuys.