These Terms govern your access to, usage of all content, products, and services available at the website operated by Performance Marketing And Media LLC ("us", "we", or "our"). This includes all digital marketing services such as SEO, PPC, content marketing, and social media management ("Services").
Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
The Agreement does not transfer from Us to you any of Ours or third-party intellectual property. All rights, title, and interest in and to such property will remain (as between the parties) solely with Performance Marketing And Media LLC and its licensors. This includes all campaign strategies, creative assets, and reports developed during the provision of our Services, unless otherwise specified in a separate client agreement.
Our digital marketing services are provided based on agreed-upon timelines and deliverables outlined in a specific Statement of Work (SOW). Payment terms are net 30 days from the invoice date unless otherwise agreed. We reserve the right to suspend services for overdue accounts. Results such as search rankings and ad performance are not guaranteed and can be influenced by external factors beyond our control.
In using the Services, you may use third-party services, products, software, or applications (e.g., Google Analytics, Facebook Ads). You acknowledge that any use of a Third-Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third-Party websites or Services, or for any damage or loss caused in connection with their use.
Where use of our Services requires an account (e.g., a client portal), you agree to provide us with complete and accurate information. You will be solely responsible for any activity that occurs under your account and for keeping your password secure.
Both parties agree to keep confidential all non-public information, including client data, campaign strategies, and business information, shared during the course of the service agreement. This obligation of confidentiality will survive the termination of the agreement.
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Termination of services requires a 30-day written notice from either party. All provisions of the Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided "AS IS" and "AS AVAILABLE". Performance Marketing And Media LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that our Services will be error-free or that access thereto will be continuous or uninterrupted.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state where Performance Marketing And Media LLC is registered. The proper venue for any disputes will be the state and federal courts located in that jurisdiction.
Performance Marketing And Media LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will let you know by posting on our website or by sending you an email, providing at least 30 days' notice before the changes take effect. Your continued use of our Services after the new terms take effect will be subject to the new terms.
