Welcome to FLO Systems Marketing. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By using our website, scheduling a consultation, or engaging our digital marketing services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
2. Services Description
FLO Systems Marketing provides digital marketing services for flooring contractors, including but not limited to:
* Local SEO and Google Business Profile optimization
* Automated review request systems
* AI-powered review response management
* CRM setup and integration
* Pay-per-click (PPC) advertising management
* Lead generation services
3. Service Agreements and Payments
3.1 Service Terms
All services are provided pursuant to a separate service agreement that outlines:
* Specific services to be provided
* Monthly fees and payment terms
* Minimum commitment periods
* Setup fees (if applicable)
3.2 Payment Terms
Unless otherwise specified in your service agreement:
* Monthly fees are due in advance on the first day of each billing period
* Payments are processed automatically using the payment method on file
* Late payments may result in service suspension or termination
* All fees are non-refundable except as required by law
3.3 Cancellation and Termination
Either party may terminate services according to the terms specified in the service agreement. Generally:
* Minimum commitment periods must be fulfilled
* Written notice is required for cancellation
* No refunds will be provided for unused portions of service periods
* We reserve the right to terminate services immediately for breach of these Terms
4. User Responsibilities
As a client, you agree to:
* Provide accurate and complete information
* Provide timely access to necessary accounts, platforms, and materials
* Respond to our requests for information in a timely manner
* Comply with all applicable laws and regulations
* Not use our services for any unlawful or prohibited purpose
* Maintain the confidentiality of any login credentials provided
5. Intellectual Property
5.1 Our Property
All content on our website, including but not limited to text, graphics, logos, and software, is the property of FLO Systems Marketing and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our express written permission.
5.2 Client Materials
You retain ownership of all materials, content, and information you provide to us. By engaging our services, you grant us a license to use, reproduce, and modify your materials solely for the purpose of providing our services.
5.3 Work Product
Upon full payment, you will own the final deliverables created specifically for your business (e.g., ad copy, custom graphics). However, we retain ownership of our proprietary processes, templates, and methodologies.
6. Performance and Results
While we use industry best practices and work diligently to achieve results:
* We do not guarantee specific results, rankings, or lead volumes
* Digital marketing results depend on many factors outside our control
* Results typically take 60-90 days to materialize
* Past performance is not indicative of future results
7. Third-Party Services
Our services may involve third-party platforms (Google, Facebook, High Level CRM, etc.). You acknowledge that:
* These platforms have their own terms of service
* We are not responsible for changes to third-party platforms or policies
* Additional fees may be required for third-party services (e.g., ad spend)
* You may need to create accounts with these platforms
8. Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the course of our business relationship. This obligation survives termination of services.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
* FLO Systems Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages
* Our total liability for any claim arising from our services shall not exceed the amount paid by you in the three months preceding the claim
* We are not liable for any losses resulting from third-party platform changes, algorithm updates, or actions beyond our control
10. Indemnification
You agree to indemnify and hold harmless FLO Systems Marketing from any claims, damages, losses, or expenses (including attorney fees) arising from:
* Your breach of these Terms
* Your violation of any law or rights of a third party
* Materials or information you provide to us
* Your use of our services
11. Warranties and Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Communication Consent
By providing your contact information, you consent to receive communications from us via:
* Phone calls
* Text messages (SMS)
You may opt out of marketing communications at any time as described in our Privacy Policy.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
13.2 Arbitration
Any dispute arising from these Terms or our services shall be resolved through binding arbitration in Riverside County, California, in accordance with the rules of the American Arbitration Association. Each party shall bear their own costs of arbitration.
13.3 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
* Posting the updated Terms on our website with a new "Last Updated" date
* Sending an email to the address on file
Your continued use of our services after such modifications constitutes acceptance of the updated Terms.
15. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, or government actions.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any service agreement, constitute the entire agreement between you and FLO Systems Marketing regarding our services and supersede all prior agreements and understandings.
18. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
19. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Contact Us
If you have questions about these Terms and Conditions, please contact us:
FLO Systems Marketing
Media Spoon Marketing DBA FLO Systems Marketing
Email: [email protected]
Phone: 760-512-8307
Address: Palm Desert, California