Terms and Conditions

Terms and Conditions

Welcome to the website of Refined Marketing Agency LLC (doing business as “Refined Marketing Agency”) (“we,” “us,” or “our”), located at www.refinedmarketingagency.com (the “Website”). These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Client”) and

Refined Marketing Agency governing your access to and use of the Website, our online booking system for appointments and phone calls, and any related services (collectively, the “Services”). By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Website or Services.


1. General Provisions
1.1 Scope

These Terms apply to all users of the Website and Services, including but not limited to individuals or businesses booking consultations, scheduling phone calls, browsing service offerings, or creating user accounts. Separate client agreements may govern specific marketing services or projects beyond initial consultations.

 
1.2 Eligibility

To use the Website and Services, you represent and warrant that:

 

You are at least 18 years of age or, if acting on behalf of a business, are authorized to bind that entity. You have the legal capacity to enter into this agreement. All information you provide (e.g., during booking or account creation) is accurate, complete, and current.


1.3 Amendments

We reserve the right to modify these Terms at any time to reflect changes in our business practices, legal requirements, or Website functionality. Updated Terms will be posted on this page with a revised “Last Updated” date. We may notify you of significant changes via email or a Website notice. Your continued use of the Website or Services after such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using the Website and Services.

 
2. Access and Use of the Website
2.1 Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal or business purposes, including:

 

Viewing information about our marketing services, pricing, and team. Booking appointments or scheduling phone calls for consultations. Creating and managing a user account. Contacting us for support or inquiries.


2.2 Prohibited Conduct

You agree not to engage in any of the following activities:

 

Using the Website or Services for any illegal, unauthorized, or fraudulent purpose. Attempting to gain unauthorized access to our systems, servers, or other users’ accounts. Introducing viruses, malware, or other harmful code that could disrupt or damage the Website. Interfering with the Website’s functionality, security, or performance (e.g., through denial-of-service attacks). Using automated tools (e.g., bots, scrapers) to extract data or content from the Website without permission. Impersonating another person or entity or providing false information. Engaging in any activity that could harm our reputation or the experience of other users.


2.3 User Accounts

To access certain features (e.g., booking consultations), you may need to create a user account. You agree to:

 

Provide accurate and complete information during account creation. Maintain the confidentiality of your account credentials (username and password). Notify us immediately at [email protected] of any unauthorized access or use of your account. Update your account information promptly to ensure its accuracy. We are not liable for any losses or damages resulting from your failure to secure your account. We reserve the right to suspend or terminate accounts for misuse, fraudulent activity, or violation of these Terms.


2.4 Availability

We strive to ensure the Website is accessible at all times but do not guarantee uninterrupted or error-free access. We may temporarily suspend access for maintenance, upgrades, or other reasons without prior notice.

 
3. Booking and Consultation Policies
3.1 Booking Process

Appointments and phone calls for consultations can be booked through the Website’s online booking system or, if applicable, third-party platforms integrated with our Website. Availability depends on our team’s schedules and is subject to confirmation. You will receive a confirmation via email once your consultation is booked. You must provide accurate details during booking, including your name, contact information, business details (if applicable), and consultation objectives.


3.2 Cancellations and Rescheduling

You may cancel or reschedule a consultation without charge.To cancel or reschedule, use the booking system’s cancellation feature or contact us at [email protected]. We reserve the right to cancel or reschedule your consultation due to unforeseen circumstances (e.g., staff unavailability, technical issues). In such cases, we will notify you promptly and offer alternative times.


3.3 Consultation Fees

Some consultations may require a non-refundable deposit or full payment at the time of booking, as indicated during the booking process. Online payments are processed through secure third-party payment processors (e.g., Stripe, PayPal). We do not store your payment information on our servers.


3.4 Refunds


No refunds are provided for consultations conducted, no-shows, or late cancellations, except as required by applicable consumer protection laws. Refund requests must be submitted to [email protected] and will be processed within 7 business days.


3.5 Conduct During Consultations

You agree to act professionally and respectfully during consultations, whether in-person, via phone, or video call.

 

We reserve the right to terminate a consultation without refund for inappropriate behavior, including but not limited to harassment, abusive language, or failure to follow instructions.


4. Services
4.1 Service Offerings

The Website provides descriptions of our marketing services, such as strategy consultations, campaign planning, digital advertising, and content creation. Initial consultations booked through the Website are intended to discuss your needs and propose solutions. Specific marketing services or projects will be governed by separate client agreements, which will outline deliverables, timelines, and pricing. We strive to ensure accuracy in service descriptions but reserve the right to modify offerings or pricing at any time without notice.


4.2 Service Standards

Consultations are conducted by qualified professionals with expertise in marketing. We aim to provide valuable insights but cannot guarantee specific outcomes (e.g., increased sales or engagement) as results depend on multiple factors, including your business and market conditions.

 

If you engage us for ongoing services, performance metrics and expectations will be detailed in a separate client agreement.


4.3 Client Responsibilities

You agree to:

 

Provide accurate and complete information about your business and objectives during consultations. Be punctual for scheduled appointments or phone calls. Respond promptly to any follow-up requests for information needed to deliver services. Comply with any guidelines or recommendations provided during consultations.


4.4 No Guarantee of Results

While we strive to deliver high-quality advice and services, we do not guarantee specific results from consultations or subsequent services, as outcomes depend on factors beyond our control (e.g., market conditions, your implementation).

 

Any projections or estimates provided are for illustrative purposes only and are not binding.


5. Intellectual Property

Ownership


All content on the Website, including but not limited to text, images, logos, graphics, videos, templates, and software, is the property of Refined Marketing Agency or its licensors and is protected by copyright, trademark, and other intellectual property laws.

 

The Refined Marketing Agency name, logo, and related marks are trademarks of Refined Marketing Agency. Unauthorized use of these marks is prohibited.


5.2 Limited License

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website’s content for personal or business purposes in accordance with these Terms. You may not:

 

Copy, reproduce, modify, distribute, or create derivative works from any Website content without prior written permission.

 

Use our content for commercial purposes or in a manner that suggests endorsement by Refined Marketing Agency.


5.3 Materials Provided During Consultations

Any materials provided during consultations (e.g., strategy outlines, templates, or recommendations) remain the intellectual property of Refined Marketing Agency unless otherwise specified in a client agreement.

 

You may not share, reproduce, or distribute these materials without our prior written consent.


5.4 Client Content

If you provide content (e.g., logos, branding materials) for use in consultations or services, you grant us a non-exclusive, royalty-free license to use such content solely for the purpose of delivering the Services. You represent that you own or have the right to provide such content.

 
6. Confidentiality
6.1 Our Obligations

We will treat all non-public information you provide about your business (e.g., financial data, marketing plans) as confidential and will not disclose it to third parties except as necessary to deliver the Services (e.g., to subcontractors) or as required by law.

 

Service providers with access to your information are bound by confidentiality obligations.


6.2 Your Obligations

You agree not to disclose or share any proprietary materials, strategies, or recommendations provided by us with third parties without our prior written consent.

 

This obligation does not apply to information that is publicly available or independently developed by you.


6.3 Legal Disclosures


We may disclose confidential information if required by law, court order, or government authority, or to protect our rights, property, or safety. We will notify you of such disclosures unless prohibited by law.

 
7. Limitation of Liability
7.1 No Warranties

The Website and Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

We do not warrant that the Website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.


7.2 Exclusion of Damages

To the maximum extent permitted by law, Refined Marketing Agency, its owners, officers, employees, agents, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the Website or Services, even if advised of the possibility of such damages.

 

This includes damages resulting from booking errors, consultation outcomes, Website downtime, or third-party actions.


7.3 Liability Cap

Our total liability for any claim arising from these Terms or your use of the Website or Services is limited to the amount you paid for the specific service (e.g., consultation fee) giving rise to the claim.


7.4 Third-Party Services

The Website may integrate or link to third-party services (e.g., payment processors, booking platforms). We are not responsible for the performance, accuracy, or policies of these services. Your use of third-party services is at your own risk and subject to their terms.


8. Indemnification

You agree to indemnify, defend, and hold harmless Refined Marketing Agency, its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

 

Your violation of these Terms or our Privacy Policy. Your misuse of the Website or Services. Your violation of any third-party rights, including intellectual property, privacy, or publicity rights. Your negligent or willful misconduct.


9. Termination
9.1 Termination by Us

We may suspend or terminate your access to the Website or Services, with or without notice, for reasons including:

 

Violation of these Terms or our Privacy Policy. Fraudulent, illegal, or unauthorized activity. Conduct that harms our business, staff, or other clients. Failure to pay applicable fees.


9.2 Termination by You

You may stop using the Website or Services at any time. To delete your user account, contact us at [email protected]. Upon termination, any prepaid amounts or obligations (e.g., cancellation fees) remain due, and relevant provisions of these Terms (e.g., confidentiality, indemnification, limitation of liability) will survive.

 
10. Governing Law and Dispute Resolution
10.1 Governing Law

These Terms and any disputes arising from your use of the Website or Services are governed by the laws of Florida, USA, without regard to its conflict of law principles.

 
10.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Tampa, Florida for any disputes arising under these Terms. You waive any objections based on venue or forum non conveniens.

 
10.3 Informal Resolution

Before initiating legal action, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will respond within 30 days to work toward a resolution.

 
10.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis, and you waive the right to participate in a class action, collective action, or representative action against Refined Marketing Agency.

 
11. Miscellaneous
11.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Refined Marketing Agency regarding your use of the Website and Services, superseding any prior agreements.

 
11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

 
11.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision unless expressly acknowledged in writing.

 
11.4 Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, power outages, government actions, or third-party service failures.

 
11.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations to a third party in connection with a merger, acquisition, or sale of assets, with notice to you.

 
11.6 Notices

Any notices from us will be sent to the email address associated with your account or posted on the Website. Notices from you must be sent to [email protected] or 100 S Ashley Dr Suite 600, Tampa FL 33602.

 
12. Contact Us

For questions, complaints, or requests regarding these Terms or our Services, please contact us at:

 

Refined Marketing Agency


[email protected]


813-694-3644


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