These Terms of Service (the “Terms”) form an agreement between you and Delilah Agency, operated by Patrick Cotter in Newport Beach, California (“Delilah Agency,” “we,” “us,” or “our”). By accessing delilahagency.com, submitting information through our website, using our services, or enrolling in our SMS program, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the website, services, or SMS program.
Our services
Delilah Agency provides creative, marketing, advertising, website, reputation, lead-response, loyalty, messaging, and related services to businesses and consumers. Website descriptions are general information and do not guarantee a particular result, ranking, audience, revenue, review outcome, or campaign performance.
Client engagements may also be governed by a proposal, order, checkout terms, statement of work, or other written agreement. If such an agreement conflicts with these Terms for that engagement, the engagement-specific agreement controls to the extent of the conflict.
Eligibility and accurate information
You must be at least 18 years old to enroll in the SMS program or enter into these Terms on behalf of yourself or a business. If you act for a business or another person, you represent that you are authorized to do so. You agree to provide accurate, current information and to update it when it changes. You may enroll a mobile number only if you are its subscriber or customary user, or have that person's permission.
SMS program terms
Program operator and description
Delilah Agency operates an SMS program for participating local businesses. Messages identify the participating business and may include loyalty-pass issuance and updates, stamps and reward notifications, appointment or service reminders, offers, rebooking reminders, win-back messages, and other messages related to the business whose program you joined.
How you opt in
You may opt in in person at a participating business by tapping an NFC device or scanning a QR code, opening the program page, entering your name and mobile number, and affirmatively selecting the unchecked text-message consent checkbox before submitting the web form. Keep a record of your enrollment if you wish; we record the time, enrollment source, and consent language used.
Message frequency and charges
After opting in, you agree to receive recurring automated marketing and transactional text messages from Delilah Agency on behalf of the participating business. Marketing messages are limited to up to 4 marketing messages per month per participating-business program. Transactional messages—such as pass, reward, appointment, and service messages—will be sent as needed in connection with your participation, activity, or requests. Message frequency may vary.
Message and data rates may apply. Your mobile carrier's charges, plan limits, and delivery practices are your responsibility. The program is available only through participating supported carriers, and carrier support may change.
How to stop or get help
- Reply STOP to end promotional text messages from the program. You may receive one confirmation message after opting out.
- Reply HELP for help.
- For support, email patrick@delilahagency.com or call or text 562-357-9590.
An opt-out applies to the SMS program operated through the sending number. If you participate through more than one number or separately enroll again, messages may resume for that new enrollment. Tell us if your mobile number changes or is reassigned; we are not responsible for messages sent to a number you no longer control if you did not notify us.
Consent and delivery disclosures
Consent is not a condition of purchase. You may receive a loyalty pass and referral information on screen without agreeing to marketing text messages.
Mobile carriers are not liable for delayed or undelivered messages. Delilah Agency and participating businesses are not responsible for delays, filtering, failures, or errors caused by your carrier, device, network, wallet provider, or other third-party service.
Our handling of information in connection with the program, including mobile information and opt-in records, is described in our Privacy Policy.
Acceptable use
You agree not to:
- Use the website, services, or SMS program for an unlawful, fraudulent, deceptive, or harmful purpose;
- Submit another person's personal information or mobile number without authorization;
- Send spam, manipulate reviews or engagement, or violate a third-party platform's policies;
- Interfere with, disrupt, overload, probe, scrape without permission, reverse engineer, or attempt to gain unauthorized access to the website or systems;
- Upload or transmit malicious code or content that infringes another person's rights; or
- Misrepresent your identity, affiliation, business, or the source of a communication.
We may suspend or terminate access, program participation, or services for a violation of these Terms or applicable law, or when reasonably necessary to protect the program, our systems, or others.
Content and intellectual property
The website and its text, design, graphics, logos, photographs, videos, and other content are owned by Delilah Agency or our licensors and are protected by intellectual-property laws. Subject to these Terms, you may view and use the public website for personal or internal business purposes. You may not copy, distribute, modify, sell, or create derivative works from our content except as expressly permitted by us or applicable law.
If you provide content, materials, feedback, testimonials, or instructions to us, you represent that you have the rights needed to provide them. You grant us a non-exclusive, royalty-free license to use and display materials you provide as reasonably necessary to operate, deliver, support, and document the services. Specific client deliverables and ownership rights are governed by the applicable engagement agreement.
Third-party services and links
Our website and services may use or link to third-party services, including payment processors, scheduling services, social platforms, wallet providers, analytics providers, messaging carriers, and participating business systems. We do not control those services and are not responsible for their availability, content, terms, or privacy practices.
Payments and client terms
Prices, deliverables, payment schedules, cancellation terms, and renewal terms for paid services are stated at checkout or in the applicable proposal or agreement. Unless a specific written term says otherwise, fees already paid for work performed or services delivered are not refundable. You authorize our payment providers to charge the payment method you provide for amounts you agree to pay.
Disclaimers
To the maximum extent permitted by law, the website and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website, messages, passes, or services will be uninterrupted, secure, error-free, or that any marketing outcome will be achieved.
Limitation of liability
To the maximum extent permitted by law, Delilah Agency and Patrick Cotter will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising from or related to the website, services, or SMS program. Our total aggregate liability for a claim arising from or related to the website, services, or SMS program will not exceed the greater of $100 or the amount you paid Delilah Agency for the specific service giving rise to the claim during the three months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot lawfully be limited.
Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Delilah Agency and Patrick Cotter from claims, damages, liabilities, judgments, and reasonable expenses arising from your misuse of the website, services, or SMS program; information or content you provide; your violation of these Terms; or your violation of another person's rights or applicable law.
Governing law and disputes
These Terms are governed by California law, without regard to its conflict-of-law rules. Subject to an engagement-specific agreement and applicable law, disputes arising from these Terms will be brought in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction there.
Changes to these Terms
We may update these Terms from time to time. The updated version will be posted at this URL with a new effective date. Continued use of the website, services, or SMS program after updated Terms take effect constitutes acceptance of the updated Terms, except where a separate agreement provides otherwise.
General terms
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a business transfer. These Terms and any applicable engagement agreement are the entire agreement between you and us concerning the subject matter they cover.
Contact us
Delilah Agency
Operated by Patrick Cotter
Newport Beach, California
Email: patrick@delilahagency.com
Phone: 562-357-9590
See also our Privacy Policy.