Digital Marketing by Alex Terms Of Service

TERMS OF SERVICE
DIGITAL MARKETING BY ALEX
Effective Date: September 17, 2021
Last Updated: March 1, 2025

This Terms of Service Agreement ("Agreement") is a legally binding contract between Digital Marketing by Alex ("Company") and any user, client, or individual engaging with the Company’s Website, services, materials, or communications. By accessing, utilizing, or engaging with the Company's services, you agree to be bound by the following terms and conditions.

A. Any marketing blueprint, proposal, or strategy provided by the Company is strictly for review and cannot be used, replicated, or profited from without a signed agreement authorizing execution.
B. Unauthorized use constitutes a breach of this Agreement, subjecting the violator to legal consequences including but not limited to damages, injunctive relief, and attorney’s fees.
C. The Company retains all intellectual property rights associated with its blueprints, marketing strategies, and proprietary materials.

A. Chargebacks are prohibited unless the Company has failed to deliver services explicitly outlined in a signed agreement and has not made reasonable efforts to rectify the issue.
B. Any chargeback filed shall be deemed fraudulent and a material breach of this Agreement.
C. The Company reserves the right to demand ten (10) times the amount charged back as punitive damages in addition to recovering the original sum.
D. The Company may report fraudulent chargebacks to credit bureaus and collection agencies.
E. Any disputes must first be addressed directly with the as outlined in Section 9 Titled Dispute Resolution with Company before a chargeback is initiated.

A. If legal action is required, the user shall fully reimburse the Company for all legal fees, court costs, and expenses.
B. The user agrees to indemnify and hold the Company harmless against any claims arising from the user's breach of this Agreement.
C. A legal fee schedule applies at a minimum of $250.00/hour for all dispute-related proceedings.

A. Hostility, harassment, or abusive behavior toward Company personnel will result in immediate termination of services without refund.
B. The Company reserves the right to refuse service to disruptive individuals.

A. If the promised number of appointments is not met within 90 days, monthly service fees will be paused.
B. Required software and ad spend must continue to be paid for the guarantee to apply.
C. This guarantee does not apply if the user disrupts the execution of agreed-upon strategies.

A. Both parties agree to maintain the confidentiality of proprietary information.
B. The Company does not sell, share, or distribute user data except as required by law.
C. Breaches of confidentiality by the user will result in service termination and potential legal action.

A. Any individual who:

1. Connects with, is connected with, is a friend, or follower of any social media account listing Digital Marketing by Alex as an employer.
2. Visits the Company’s website.
3. Books a meeting with any team member or contractor.
4. Emails any address using the domain digitalmarketingbyalex, digital-marketingbyalex, digitalmarketing-byalex, or digitalmarketingby-alex and a top level domain of com, us, online, or agency.
5. Fails to opt out. 

A. All video and phone calls are recorded and transcribed using AI for quality and training purposes.
B. Communication with the Company must occur via Zoom, Google Meet, Teams, phone calls, SMS, social media, or other digital platforms.
C. Users may request call recordings by emailing TOS@digitalmarketingbyalex with "CALL RECORDING REQUEST" in the subject line.

A. Disputes shall be handled in four (4) steps:

1. Resolution Call - A discussion to resolve the issue.
2. Mediation - A third-party mediator (paid for by the user).
3. Arbitration - Final dispute resolution in Saint Paul, Minnesota.
4. Litigation - If arbitration is not followed, the Company reserves the right to sue in Local, State, or Federal Court.

B. Class-action lawsuits are explicitly disallowed.

A. The Company shall not be liable for indirect, incidental, or consequential damages arising from service use.
B. Liability is limited to the total amount paid by the user for the disputed services.

A. Users agree not to make defamatory, false, or misleading statements about the Company.
B. Violation of this clause may result in legal action and monetary damages.

A. The Company is not responsible for delays or failure to perform due to unforeseen circumstances, including natural disasters, cyberattacks, or government actions.

A. If any part of this Agreement is found unenforceable, the rest remains in effect.
B. Failure to enforce any provision does not constitute a waiver of rights.

A. This Agreement is governed by Minnesota state law and federal laws, including:

1. The Federal Trade Commission Act (15 U.S.C. § 41-58).
2. The Fair Credit Billing Act (15 U.S.C. § 1666).
3. The Electronic Communications Privacy Act (18 U.S.C. § 2510-2523).
4. The Telephone Consumer Protection Act (47 U.S.C. § 227).
5. The Defend Trade Secrets Act (18 U.S.C. § 1836).

B. Any fraudulent chargebacks will be pursued under applicable state and federal laws.

A. The Company reserves the right to modify these terms at any time.
B. Continued use of services constitutes acceptance of the updated terms.
C. Past clients, users, and individuals who have not opted out remain bound by this Agreement unless they explicitly exclude themselves via written agreement.

For opt-out requests, email TOS@digitalmarketingbyalex with "OPT OUT" in the subject line or submit the form at https://forms.gle/3CUfAKWMMpBLAnsY9.