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Terms of Service

Welcome to FixedOPS Marketing (the “Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the website located at https://www.fixedopsmarketing.com (the “Site”) and any related products, services, content, features, or tools we offer (collectively, the “Services”). By accessing or using the Site or Services, you (“you,” “user,” or “client”) agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.


1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms or policies referenced herein. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.


2. DESCRIPTION OF SERVICES

The Company provides digital marketing, software, and related services to businesses, including but not limited to website tools, content creation, lead generation, search engine optimization, social media management, email marketing, reporting, and other related solutions. The specific scope of Services provided to any client may be set forth in a separate written agreement, statement of work, or service order.

We reserve the right to modify, suspend, or discontinue any portion of the Services at any time, with or without notice.


3. ELIGIBILITY

You must be at least 18 years of age and legally capable of entering into a binding contract to use the Site or Services. By using the Services, you represent and warrant that you meet these requirements.


4. ACCOUNTS AND REGISTRATION

Certain features of the Services may require you to create an account or log in. You agree to:

  • Provide accurate, current, and complete information during registration.

  • Maintain the security and confidentiality of your login credentials.

  • Promptly notify us of any unauthorized use or suspected breach of your account.

  • Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or are otherwise used in a manner we deem inappropriate.


5. ACCEPTABLE USE

You agree not to use the Site or Services to:

  • Violate any applicable local, state, national, or international law or regulation.

  • Infringe upon the intellectual property, privacy, or other rights of any third party.

  • Upload, transmit, or distribute viruses, malware, or other harmful code.

  • Attempt to gain unauthorized access to any portion of the Site, Services, or related systems or networks.

  • Interfere with or disrupt the integrity or performance of the Site or Services.

  • Reverse engineer, decompile, or otherwise attempt to discover the source code of any Service.

  • Use the Site or Services to send spam, unsolicited communications, or fraudulent material.

  • Engage in any conduct that could damage the reputation of the Company or its partners.


6. INTELLECTUAL PROPERTY

All content, materials, software, designs, graphics, text, logos, trademarks, and other intellectual property displayed on or made available through the Site or Services are the property of the Company or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for their intended purpose. You may not copy, reproduce, distribute, modify, publicly display, or create derivative works of any content without our prior written consent.


7. CLIENT CONTENT

If you provide content to us in connection with the Services (such as logos, images, business information, or other materials, collectively, “Client Content”), you retain ownership of your Client Content. By submitting Client Content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and display such content solely for the purpose of providing the Services to you.

You represent and warrant that you have all necessary rights, licenses, and permissions to provide such Client Content and that it does not violate any third-party rights or applicable laws.


8. FEES, PAYMENT, AND BILLING

If you purchase paid Services, you agree to pay all applicable fees as set forth in your agreement, statement of work, or order. Unless otherwise specified:

  • Fees are due in accordance with the payment terms outlined in your applicable agreement.

  • All fees are non-refundable unless expressly stated otherwise.

  • Late payments may result in service suspension and may incur additional fees or interest.

  • You are responsible for any taxes associated with your purchase, except taxes based on the Company’s net income.


9. THIRD-PARTY LINKS AND SERVICES

The Site or Services may contain links to or integrate with third-party websites, products, or services that are not owned or controlled by the Company. We are not responsible for the content, policies, or practices of any third parties. Your interactions with such third parties are solely between you and the third party.


10. DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee that the Site or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no warranties or representations regarding any specific results, leads, conversions, sales, rankings, or revenue that may be achieved through use of the Services.


11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.


12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your use or misuse of the Site or Services; (b) your violation of these Terms; (c) your Client Content; or (d) your violation of any rights of a third party.


13. TERMINATION

We reserve the right to suspend or terminate your access to the Site or Services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) shall survive.


14. PRIVACY

Your use of the Site and Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information. By using the Services, you consent to the practices described in our Privacy Policy.


15. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in [Insert County and State], and you consent to the jurisdiction and venue of such courts.


16. CHANGES TO THESE TERMS

We may update or modify these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.


17. MISCELLANEOUS

  • Entire Agreement. These Terms, together with any applicable service agreement and our Privacy Policy, constitute the entire agreement between you and the Company regarding the Site and Services.

  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

  • Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

  • Force Majeure. We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control.