Effective Date: Jan 1st, 2025
The website you have entered (its sub-domains, affiliated websites, any mobile versions, and any services available therefrom) (the "Site") is a copyrighted work owned and operated by Unanonymous Media, LLC (DBA 7FigureLocal); and its subsidiaries, parents, and affiliates ("7FigureDocs, 7Figures, 7FigureCPA" "we" or "us").
The Marketing Services Agreement ("Agreement") along with any attachments, Order Forms, or other information included with the Agreement, sets forth the terms and conditions under which 7FigureLocal ("7FL") will provide the Marketing Services selected by the Client ("you" or "Client"). This Agreement is incorporated by reference into and made a part of any Order Form and related information provided to client by 7FL, authorized by you, and submitted to 7FL. This Agreement governs the relationship between you and 7FL. This Agreement also applies to any Marketing Services you may obtain from 7FL without an Order Form, such as free trials, premiums, purchased products, or other limited time offers.
If you are accepting this Agreement on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such legal entity to this agreement, (ii) you have read and understand this Agreement and (iii) you agree, on behalf of the Client, to be bound by this Agreement.
The Agreement sets forth which Marketing Services are being purchased by you, the costs for such Marketing Services, the term of the campaign or engagement and other relevant details. The Marketing Services include, but are not limited to: Local SEO, GEO, Google Business Profile Management, Website Optimization, and related digital marketing services.
A. Identification of Fees. You agree to pay the amounts set forth in the Agreement and in accordance with the Payment Terms herein (the "Fees"). Fees are generally divided into service fees and setup fees. 7FL reserves the right to change any of the Fees at any time, provided that such changes will not take effect until a new Order Form has been executed and delivered to 7FL by you. If 7FL offers any special promotions that provide you with credits or other incentives (the "Promotional Credits"), and you cancel prior to completion of the Term, you will be required to repay the full amount of the Promotional Credits.
B. General. Once an Agreement has been accepted by 7FL, the Client's credit card will be charged or bank account shall be ACH debited, in accordance with the Fees. All payments are due in U.S. dollars.
C. Timing of Payment. Fees are due on a recurring monthly basis commencing on the Effective Date of the Term, unless stated otherwise. 7FL shall have the right to charge the Client Card/Account in accordance with this Agreement. If at the time of Payment, 7FL is unable to secure payment via Client's elected payment method, the Marketing Services and/or your account may be suspended or terminated if timely payment is not received thereafter.
A. Term. The Term for the Marketing Services shall commence upon 7FL's acceptance of an Agreement and receipt of the initial payment and shall continue for the term set forth therein. Following the Initial Term, any continuing Marketing Services are delivered on a month-to-month basis.
B. Cancellation. You may cancel any Marketing Service at any time and for any reason by providing a 30-day notice as listed on the Agreement. To cancel, email [email protected].
C. Termination for Cause. 7FL may terminate this Agreement with 30 days' prior written notice if the Client is in material breach of its obligations and such breach has not been cured at the conclusion of the Notice Period.
D. Suspending Marketing Service. 7FL may suspend the Marketing Services at any time for operational reasons. If suspended for more than 30 days, you will be responsible for paying a reactivation fee equal to your month one management fee.
E. No Refunds. You understand and agree that you will not be entitled to any refunds of amounts already paid to 7FL under this Agreement. Refund exceptions will be specified in the contract or "order form."
F. Effect of Termination; Survival. Due to the nature of the Internet, certain information regarding your company that was posted as part of the Marketing Services may continue to be available on the Internet following termination. All provisions of the Agreement that by their nature should survive termination shall survive, including all limits of liability, indemnity obligations, and confidentiality obligations.
G. Maintenance Fee for Paused Campaigns. Any active client account where marketing campaigns have not been live for a period exceeding 30 consecutive days shall be considered as having a "Paused Campaign." Clients with Paused Campaigns shall be subject to a monthly maintenance fee of $297 to cover ongoing platform costs, domain, dedicated phone numbers, system support, and other hard expenses. Clients will be notified once campaigns have been inactive for 25 days. The maintenance fee is non-negotiable unless explicitly agreed upon in writing.
As part of the Marketing Services, you will provide certain information to 7FL, which 7FL may input into its proprietary platform (the "Platform"). You hereby permit 7FL to input your contact information, payment information, and information relating to the Marketing Services into the Platform. 7FL will only use such information in connection with the fulfillment of the Marketing Services.
You shall at all times post a privacy policy on your website and comply with such privacy policy. The privacy policy must comply with all applicable laws. Your failure to maintain a compliant privacy policy may result in your Marketing Services being suspended or terminated.
A. License to 7FL. You hereby grant to 7FL a non-exclusive, royalty-free, worldwide license to use your content and existing website to the extent necessary for 7FL to perform the Marketing Services. Title and ownership of all intellectual property rights of all Client Content shall remain with you.
B. 7FL Additional Services. If you request creative or design services, 7FL shall retain ownership of design elements of content created by 7FL, excluding your trade names, trademarks, service marks or logos that predate the creation of the content.
You represent and warrant that you have all necessary rights and authority to enter into and maintain the relationship with 7FL. You represent, warrant and covenant that your existing website and any content or materials you provide to 7FL do not and will not: (a) infringe on any third party's intellectual property or proprietary rights; (b) violate any law, statute, or regulation; (c) be defamatory or libelous; (d) be pornographic or obscene; or (e) contain viruses, trojan horses, or other harmful programming routines.
A. 7FL. You will indemnify, defend, and hold harmless 7FL, its subsidiaries, affiliates and parent companies and each of their respective directors, officers, agents and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses arising from or relating to: (i) any breach by you of any representation, warranty, or covenant in this Agreement; (ii) violation of any rights of any third party; (iii) the sale, license, supply or provision of your goods or services; or (iv) any other act, omission or misrepresentation by you.
B. Client. 7FL will indemnify, defend, and hold you harmless from and against any loss arising out of any claim that any 7FL technology used in connection with its provision of the Marketing Services infringes the intellectual property rights of any third party, provided that written notice is given to 7FL promptly.
In the event that you are purchasing Marketing Services on behalf of another company, you represent and warrant that you have been authorized by such company to act as its agent in all respects relating to the Agreement. Each of you and the company shall be jointly and severally liable for fulfillment of all obligations under this Agreement, including all payment obligations.
A. As to your company. Except as may be required by applicable law, you shall not disclose the contents of the Agreement to any third party without 7FL's prior written consent. You may not disclose any Confidential Information regarding 7FL, including business plans, strategies, financial matters, technology, marketing, trade secrets, client lists, prices, and pricing policies.
B. As to 7FigureLocal. 7FL may not share or disclose to any party, without your express consent, any information including marketing strategy, company policies, media purchase costs, geographic considerations, or any other sensitive information exchanged during or after the course of your engagement.
7FL provides all marketing services on an "as is" and "as available" basis, without any warranty of any kind and without any guarantee of continuous or uninterrupted availability. To the maximum extent permitted by applicable law, 7FL disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability or fitness for a particular purpose. 7FL makes no guarantees with respect to the performance of any marketing service.
A. Liability. You expressly understand and agree that 7FL will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages arising out of or in connection with this Agreement or the Marketing Services. These limitations shall apply to the fullest extent permitted by law.
B. Release. In the event that you have a dispute with any third party related to use of or access to the products and services, you release 7FL from any claims, demands, and damages of every kind arising out of or in any way connected with such a dispute.
C. Limitation on damages. To the maximum extent permitted by applicable law, under no circumstances shall 7FL's cumulative, aggregate liability to you exceed the amounts received by 7FL from you during the 12-month period immediately prior to the incident giving rise to such liability.
You understand and acknowledge that 7FL publishers are intended third-party beneficiaries of Sections 7, 8, 9 and 13.
A. Informal Dispute Resolution. The parties agree that with respect to any matters, disputes, or claims between Client and 7FL arising from or related to this Agreement, 7FL and Client shall negotiate in good faith to informally resolve the problem or dispute. If the dispute is not resolved satisfactorily within 60 days, either party can submit the dispute to binding arbitration.
B. Arbitration. Except for any controversy or claim relating to Intellectual Property Rights, or claims properly filed in small claims court, any and all claims arising under, concerning or relating to the Agreement shall be submitted and resolved exclusively to confidential binding arbitration in accordance with the rules and procedures set by the American Arbitration Association ("AAA"). The arbitration shall take place in Plantation, Florida, and judgment upon any award rendered will be binding and may be entered in the U.S. District Court for the Southern District of Florida. The arbitrator shall award the prevailing party reasonable attorney's fees and costs.
C. Exceptions. This agreement to arbitrate does not apply to any claim arising out of or relating to a patent, copyright, trademark, or trade secret right, or claims filed on an individual basis in small claims court. The parties agree that arbitration shall proceed solely on an individual basis — no class actions.
A. Governing Law. The Agreement will be governed and construed in accordance with the laws of the State of Florida. Legal action arising out of or relating to the Agreement must be commenced and take place in the state or federal courts located in Broward County, Florida.
B. Timing of Claims. Any dispute resolution process applicable to any claim must be commenced within 90 days after such claim or cause of action arose or be forever barred.
C. Entire Agreement. These terms and the Agreement set forth the entire agreement of the parties and supersede any and all prior oral or written agreements. It may be changed only by a writing signed by both parties.
D. Notices. Any written notices to 7FL required under the Agreement shall be provided by registered mail to 7FL's corporate headquarters Attn: Legal Department, and by email to [email protected].
E. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force.
F. Assignment. You may not assign this Agreement without the prior written consent of 7FL. 7FL may assign this Agreement by providing written notice to you.
G. Independent Contractors. The parties are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
H. Third-Party Services. Some of the Marketing Services may incorporate third-party products and services. 7FL may incorporate such services without your consent, provided that such incorporation is deemed imperative to 7FL's performance under the Agreement.
I. Liability Defined. 7FL shall have no financial obligation to you under these terms nor under your Agreement beyond the total sum paid by you for said services.
J. Guarantees. If any guarantees are offered and clearly stated in the "Order Form," the Guarantee is voided if any of the following reasonable requests are not complied with by the client, including but not limited to: (1) Client must have a minimum of 20 appointment slots available per week; (2) Client must agree to track the appointments booked; (3) Client must have provided 7FigureLocal with the creative assets needed; (4) Watched all training videos provided by 7FigureLocal; (5) Attended the 2-week and 4-week review calls; (6) Ran the campaign for a full 30 days; (7) Notified 7FigureLocal in writing on or before day 30.
K. Chargebacks. The customer specifically agrees that it will not cause or initiate a chargeback of fees charged by 7FigureLocal in accordance with the contract and services provided. In the event that the customer causes or initiates a chargeback, the customer agrees that they will be liable for all costs and attorneys' fees incurred by 7FigureLocal as a result of such action.
L. Text Messages. In the event that you voluntarily provide your mobile phone number through a website owned by 7FigureLocal, you are consenting to receive automated and/or manual text messages from 7FigureLocal about its products, services, and upcoming events. You can withdraw your consent by responding with "STOP" at any time. Standard message and data rates may apply.
M. User Conduct. Users agree not to post content that is false, deceptive, or misleading; infringes any third party's intellectual property rights; is defamatory, libelous, threatening, abusive, or hateful; contains false information that could damage the reputation of our company; or violates any law, statute, or regulation. We reserve the right to remove any content that we determine violates our Terms of Service.