Terms & Conditions

1. Acceptance of Terms

By accessing or using our website, requesting a consultation, entering into a service agreement, or otherwise engaging with Black Tie Digital Marketing LLC, 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.

These Terms apply to all visitors, users, clients, and others who access or use our services. If you are using our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Website Usage Rules

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to:

• Use the website in any way that violates applicable local, state, national, or international laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Use the website to collect or harvest personal information about other users
• Access or attempt to access any systems or networks connected to the website without authorization
• Use automated tools, bots, or scrapers to access or collect data from our website
• Introduce viruses, trojans, worms, or other malicious code

3. Prohibited Activities

In addition to the usage rules above, the following activities are strictly prohibited:

• Attempting to reverse engineer, decompile, or disassemble any software or technology used on our website
• Copying, reproducing, or distributing any content from our website without prior written permission
• Using our brand name, logo, or trademarks without explicit written authorization
• Engaging in any activity that could damage, disable, overburden, or impair our servers or networks
• Attempting to gain unauthorized access to any portion of our website or related systems
• Using our services to engage in any fraudulent, deceptive, or misleading practices
• Violating any third-party rights, including intellectual property rights and privacy rights

4. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Black Tie Digital Marketing LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of our website or its contents
• Any collection and use of product listings, descriptions, or prices
• Any derivative use of our website or its contents
• Any downloading or copying of account information for the benefit of another merchant

Work product created by Black Tie Digital Marketing LLC for clients under a service agreement is governed by the terms of that specific agreement. Unless otherwise specified in writing, all work product remains the intellectual property of Black Tie Digital Marketing LLC until full payment is received.

5. Service Terms and Limitations

Our digital marketing services are subject to the following terms:

• Service Scope: Services are defined in individual service agreements or statements of work. We reserve the right to modify service offerings at any time with reasonable notice.
• Performance: While we strive to deliver measurable results, we cannot guarantee specific outcomes such as search rankings, traffic levels, conversion rates, or revenue figures. Digital marketing results depend on many factors outside our control.
• Third-Party Platforms: Our services often involve third-party platforms (Google, Meta, etc.) whose policies and algorithms can change without notice. We are not responsible for changes made by third-party platforms that affect campaign performance.
• Client Responsibilities: Clients are responsible for providing accurate information, timely approvals, and necessary access to accounts and assets required for service delivery.
• Service Availability: We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.

6. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT
• WARRANTIES THAT RESULTS FROM USE OF OUR SERVICES WILL MEET YOUR REQUIREMENTS

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLACK TIE DIGITAL MARKETING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

8. User Responsibilities

As a user of our services, you are responsible for:

• Maintaining the confidentiality of any account credentials
• All activities that occur under your account
• Ensuring that all information you provide to us is accurate and current
• Complying with all applicable laws and regulations in your use of our services
• Obtaining any necessary consents for data you provide to us (e.g., customer lists for advertising)
• Promptly notifying us of any unauthorized use of your account
• Ensuring your use of our services does not violate any third-party rights

9. Indemnification

You agree to defend, indemnify, and hold harmless Black Tie Digital Marketing LLC and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of our website or services; (c) your violation of any third-party rights; (d) any content you submit or provide to us; or (e) your violation of any applicable laws or regulations.

10. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

If negotiation fails, the parties agree to submit the dispute to binding arbitration in Brevard County, Florida, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Brevard County, Florida, and you consent to the personal jurisdiction of such courts.

12. Account Termination

We reserve the right to terminate or suspend your access to our services at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our other policies
• Is harmful to other users, third parties, or our business interests
• Involves fraudulent, deceptive, or illegal activity
• Involves non-payment of fees owed

Upon termination, your right to use our services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnification, and limitations of liability.

13. 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. Your continued use of our website or services after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

14. Business Rights

Black Tie Digital Marketing LLC reserves the right to:

• Modify, suspend, or discontinue any aspect of our services at any time
• Refuse service to any person or entity at our discretion
• Use client names and general project descriptions as references in our marketing materials (unless client requests otherwise in writing)
• Subcontract portions of service delivery to qualified third parties
• Update pricing for services with 30 days' notice to existing clients

15. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Black Tie Digital Marketing LLC regarding your use of our website and services, and supersede all prior and contemporaneous agreements, representations, and understandings.

16. Contact Information

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