Terms of Service for Fusion Flare Digital LLC
Effective Date: 19 October 2021
1. Introduction
Welcome to Fusion Flare Digital LLC. These Terms of Service govern your access to and use of our website ("https://fusionflaredigital.com/") and any related services ("WordPress Website Design, Landing Page Design, Google & Bing Ads Management, Influencer Marketing,Local SEO, Pinterest Marketing, Social Media Marketing and Advertising Service") provided by Fusion Flare Digital LLC ("we," "us," "our"). By accessing or using our Site and Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.
2. Use of Our Site and Services
a. Eligibility:
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Site and Services. By using our Site, you represent and warrant that you meet these requirements.
b. Account Registration:
Some features of our Site may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
c. Prohibited Conduct:
You agree not to:
● Use our Site or Services for any unlawful purpose or in violation of any applicable law or regulation.
● Interfere with or disrupt the operation of our Site or Services, including by transmitting any viruses, malware, or other harmful code.
● Attempt to gain unauthorized access to any part of our Site or Services, or to otherusers’ accounts.
● Use our Site or Services to infringe upon the intellectual property rights or privacy rightsof others.
● Engage in any conduct that we determine, in our sole discretion, to be inappropriate, harmful, or disruptive to our Site, Services, or users.
3. Services Provided
a. Service Offerings:
Fusion Flare Digital LLC provides a range of digital marketing services, including but not limited to WordPress website design, Google Ads & Bing Ads management, social media marketing, local SEO, Google Business Profile management, and influencer marketing. The specific details of the Services we provide will be outlined in a separate agreement or scope of work, depending on the project.
b. Changes to Services:
We reserve the right to modify, suspend, or discontinue any aspect of our Site or Services at any time, without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our Site or Services.
4. Fees and Payment
a. Pricing:
Our pricing for Services is outlined in our service agreements or packages provided to you. Prices are subject to change, but any changes will be communicated to you in advance.
b. Payment Terms:
Payment for Services is due as outlined in your service agreement. Late payments may result in the suspension or termination of Services until the payment is made.
c. Refund Policy:
At Fusion Flare Digital LLC, we offer refunds in cases where serious errors occur due to major instruction violations during campaign setup, management, or incorrect ad targeting, resulting in direct financial loss for the client. We are committed to delivering accurate and effective services, but if our actions lead to significant losses caused by clear mistakes, we will assess the situation and provide a refund as deemed appropriate.
Additionally, if a client is not satisfied with the service within the first 30 days, the full payment for the first month will be refunded. Clear communication and accurate instructions are vital to ensure campaign success and minimize errors.
5. Intellectual Property Rights
a. Ownership:
All content on our Site, including text, graphics, logos, images, and software, is the property of Fusion Flare Digital LLC or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works based on any content from our Site without our prior written consent.
b. Trademarks:
All trademarks, service marks, and logos used on our Site are the trademarks of Fusion Flare Digital LLC or their respective owners. You are not granted any right or license to use any trademarks by these Terms.
c. User Content:
By submitting any content to our Site, including reviews, comments, or other materials, you grant Fusion Flare Digital LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display such content in connection with the operation of our Site and Services.
6. Confidentiality
a. Confidential Information:
During the course of our engagement, you and Fusion Flare Digital LLC may exchange confidential information. Both parties agree to keep such information confidential and not to disclose it to any third party without the other party’s written consent, except as required by law.
b. Exceptions:
Confidential information does not include information that is publicly available, already known to the receiving party, or independently developed without reference to the confidential information.
7. Disclaimers and Limitation of Liability
a. Disclaimer of Warranties:
Our Site and Services are provided "as is" and "as available," without any warranties of any kind, either express or implied. Fusion Flare Digital LLC disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability:
To the maximum extent permitted by law, Fusion Flare Digital LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Site or Services, even if we have been advised of the possibility of such damages.
c. Indemnification:
You agree to indemnify, defend, and hold harmless Fusion Flare Digital LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages,losses, or expenses arising out of your use of our Site or Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.
8. Termination
a. Termination by You:
You may terminate your use of our Site or Services at any time by ceasing to access the Site and notifying us in writing.
b. Termination by Us:
At Fusion Flare Digital LLC, we value professionalism and respectful communication. We reserve the right to terminate services if a client displays unreasonable impatience, refuses to understand key facts related to service delivery, or behaves rudely toward our team without a valid reason. Mutual respect is essential for a successful partnership, and we will not tolerate mistreatment of our employees. In such cases, we will terminate the agreement and discontinue all services immediately.
9. Governing Law and Dispute Resolution
a. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the state in which Fusion Flare Digital LLC is incorporated, without regard to its conflict of law principles.
b. Dispute Resolution:
Any disputes arising out of or in connection with these Terms or the use of our Site or Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the city and state of Fusion Flare Digital LLC's principal place of business.
10. Changes to These Terms
a. Updates:
We reserve the right to modify these Terms at any time. If we make material changes, we will
notify you by updating the "Effective Date" at the top of these Terms and, if applicable, providing
additional notice on our Site.
b. Acceptance of Changes:
By continuing to use our Site or Services after any changes to these Terms, you agree to be
bound by the revised Terms. If you do not agree to the changes, you must stop using our Site
and Services.
11. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Fusion Flare Digital LLC
15442 VENTURA BLVD., STE 201-381 SHERMAN OAKS, CALIFORNIA 91403
+1 (760) 286-4376
support@fusionflaredigital.com