Terms of Use

1. Acceptance and Eligibility

You represent that you are at least 18 years old and legally able to enter into binding agreements. If you use the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Scope of Services

Elite Media Digital Marketing may provide, manage, or support services including, without limitation:

• Brand strategy, positioning, messaging, design direction, and consulting.
• Website design, landing pages, technical integrations, conversion tracking, and related development.
• Ad management, campaign setup, optimization, analytics, reporting, audience management, and remarketing support.
• Social media strategy, content coordination, creative direction, funnels, CRM support, and automation.
• Client portals, business center tools, dashboard access, limited software-connected workflows, and communications systems.

Specific service scope, deliverables, timelines, budgets, and responsibilities may also be governed by proposals, statements of work, invoices, order forms, or separate written agreements.

3. Client Responsibilities

• You agree to provide accurate, timely, and complete information required for us to perform the Services.
• You are responsible for all claims, offers, products, services, disclosures, targeting decisions, and content you ask us to publish, promote, design, or distribute unless we expressly assume responsibility in writing.
• You are responsible for maintaining lawful rights to any audience data, mailing lists, customer records, images, videos, logos, copy, licenses, and creative assets you provide.
• You must review and approve strategy, copy, offers, legal disclosures, and creative before launch where approval is requested.
• You remain responsible for your own legal, tax, advertising, and regulatory compliance unless a separate signed agreement says otherwise.

4. Marketing Compliance Rules

Because our Services involve advertising, outreach, lead generation, email, and text messaging, you agree that you will not use the Services, nor ask us to use the Services, in any way that violates law, carrier rules, or platform policy.

Email Marketing

• No deceptive headers, false sender information, or misleading subject lines.
• Commercial emails must include legally required sender identification, a valid unsubscribe method, and any required business-address disclosures.
• Opt-out requests must be honored promptly and suppression lists must be respected.
• No purchased lists, scraped lists, or unlawfully obtained addresses.

SMS, Calls, and Lead Response

• No marketing texts or robocalls without legally sufficient consent where required.
• Consent records must be truthful, auditable, and tied to the specific collection source used.
• Opt-out instructions must remain functional, and revocation requests must be honored.
• No unlawful impersonation, caller-ID misuse, spam-like messaging, or carrier-evasion tactics.

Advertising Platforms

• Ads, assets, destinations, forms, claims, and funnels must comply with platform requirements and destination-quality standards.
• You may not request discriminatory targeting, deceptive claims, restricted-category violations, fake scarcity, false endorsements, or policy-evasion tactics.
• You may not use sensitive audience data, protected-category data, or prohibited targeting methods in ways that violate platform or legal restrictions.

5. Accounts, Portals, and Security

• Portal or business-center access is limited to authorized users only.
• You are responsible for safeguarding credentials and for all activity under your account.
• You may not share credentials outside your organization without written permission.
• We may provision, limit, suspend, or revoke access at our discretion for security, billing, misuse, or operational reasons.

6. Billing, Renewals, Cancellations, and Refunds

• Fees, pricing, subscription terms, setup charges, ad management costs, add-ons, and project billing are governed by the applicable proposal, invoice, agreement, or pricing page.
• Unless otherwise stated in writing, recurring services may renew automatically until canceled.
• Platform ad spend, payment-processing charges, telecom/message fees, media buying costs, software fees, third-party subscriptions, shipping, or printing are separate unless explicitly included.
• Late or failed payment may result in paused work, delayed delivery, campaign interruption, portal restrictions, or suspension of service.
• Amounts already paid are non-refundable unless required by law or expressly stated in a signed writing.

7. Intellectual Property and Ownership

• We retain ownership of our methods, frameworks, systems, designs, templates, code libraries, internal processes, proprietary assets, know-how, and pre-existing materials unless otherwise agreed in writing.
• You retain ownership of your pre-existing trademarks, logos, materials, and business content that you lawfully provide.
• Unless otherwise agreed, deliverables created specifically for you may be licensed or assigned according to your proposal, invoice, or separate written agreement.
• You may not copy, resell, reverse engineer, white-label, or redistribute our internal systems, frameworks, or portal materials without written permission.

8. User Content and Client Data

You grant us a limited, non-exclusive right to host, use, access, reproduce, modify, transmit, and display materials you provide only as reasonably necessary to perform the Services, maintain records, comply with law, protect against disputes, and operate associated systems.

9. Confidentiality

Each party may receive non-public information from the other. Each party agrees to use confidential information only as needed for the relationship and to protect it using reasonable care. Confidentiality does not apply to information that is public, independently developed without use of the confidential information, or lawfully received from a third party without restriction.

10. Third-Party Tools and Platforms

Our Services may rely on or integrate with third-party tools and platforms, including but not limited to website hosts, CRMs, payment processors, ad platforms, communication vendors, analytics tools, and social networks. Your use of those tools may be subject to their own terms and policies, and we are not responsible for third-party outages, policy changes, suspensions, decisions, data practices, or platform enforcement actions.

11. Disclaimers

• The Services are provided on an “as is” and “as available” basis.
• We do not guarantee campaign approval, specific ad reach, lead volume, rankings, conversions, revenue, ROAS, account stability, or uninterrupted portal access.
• Marketing performance depends on many variables outside our control, including market conditions, client responsiveness, budget, offer strength, competition, policy changes, and platform behavior.
• We do not provide legal, accounting, or tax advice unless expressly stated in writing.

12. Limitation of Liability

To the fullest extent permitted by law, Elite Media Digital Marketing will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost business opportunities, ad disapprovals, account restrictions, platform suspensions, or third-party actions arising from or related to the Services.

Our total aggregate liability for any claim related to the Services will not exceed the amount paid by you to us for the specific Services at issue during the three (3) months preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless Elite Media Digital Marketing and its affiliates, contractors, officers, and representatives from claims, liabilities, damages, losses, and expenses arising from your content, your instructions, your offers, your audience data, your legal violations, your misuse of the Services, or your breach of these Terms.

14. Suspension and Termination

• We may suspend, pause, restrict, or terminate access immediately for non-payment, suspected abuse, unlawful conduct, policy violations, security threats, reputational risk, or operational risk.
• You may stop using the Services at any time, subject to any active contract, subscription commitment, invoice, or cancellation terms.
• Upon termination, your rights to access our systems and materials end immediately unless otherwise agreed in writing.

15. Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including platform outages, carrier restrictions, cyber incidents, labor disruptions, natural disasters, government action, hosting failures, or other external events.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute arising out of or relating to the Services shall be brought exclusively in the appropriate state or federal courts located in or serving Palm Beach County, Florida, and each party consents to that jurisdiction and venue.

17. Changes to These Terms

We may update these Terms at any time by posting the revised version on the website or otherwise providing notice. Continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms.

18. Contact Us

If you have questions about these Terms, contact us at:

Elite Media Digital Marketing

Email: info@elitemediadm.com

Website: www.elitemediadm.com

Business Center: app.elitemediadm.com