TERMS AND CONDITIONS
This website is owned and maintained by Ocean Blue Digital, LLC (“Company,” “we,” “our,” or “us”). By accessing this website or engaging with our services, including but not limited to marketing consulting, website design, advertising campaigns, or related communications (including SMS messaging), you agree to be bound by the following Terms & Conditions. If you do not agree with these terms, you must not access or use our services. You can contact us with any questions.
1. ELIGIBILITY FOR MARKETING SERVICES
Not everyone who visits our website or requests services will be eligible for a free marketing plan. We reserve the right to determine who qualifies based on our internal assessment of fit and capacity. Submitting a request does not guarantee service.
2. NO GUARANTEE OF SPECIFIC RESULTS
While we aim to deliver high-quality results through our marketing efforts, we do not and cannot guarantee specific performance outcomes. Client acknowledges that results depend on numerous factors beyond our control, including changes made by platforms such as Google, Facebook, or others. Our services are provided on a best-effort basis.
3. NON-DISPARAGEMENT
You agree not to publicly or privately disparage, defame, or slander the Company, its employees, contractors, or partners, during or after the term of our engagement. This applies across all platforms, including social media and online forums. Truthful statements made as part of a legal proceeding or governmental investigation are exempt.
4. LIMITATION OF LIABILITY
We warrant that our marketing services will be delivered as described in any formal proposal. However, we make no other warranties—express or implied—including merchantability or fitness for a particular purpose. Our total liability under this agreement shall not exceed the amount paid by the client in the three (3) months prior to the claim. We are not responsible for any indirect or consequential losses, including lost revenue, data, or goodwill.
5. FORCE MAJEURE
We are not liable for any delay or failure in performance due to events beyond our reasonable control, including but not limited to natural disasters, internet outages, acts of war or terrorism, civil unrest, labor shortages, utility failures, or other force majeure events.
6. DEFAULT AND SUSPENSION
If the Client fails to make timely payments, we reserve the right to suspend or terminate service delivery until the outstanding balance is resolved. Other remedies may also apply.
7. GOVERNING LAW
This Agreement is governed by the laws of the State of California without regard to conflict of law principles.
8. ATTORNEY’S FEES
In the event of any litigation or arbitration related to this agreement, the prevailing party is entitled to recover reasonable attorney’s fees and costs.
9. ENTIRE AGREEMENT
These Terms represent the entire agreement between the Client and the Company. Any amendments must be in writing and signed by both parties. Previous oral or written agreements are superseded.
10. SEVERABILITY
If any provision of this agreement is found to be unenforceable, the remaining provisions will remain in effect.
11. ASSIGNMENT
Neither party may transfer its obligations under this Agreement without prior written consent. This agreement binds both parties and their successors.
12. PAYMENT AUTHORIZATION
By submitting your billing information, you certify that you are authorized to make payments on behalf of your company. You authorize us to charge your debit/credit card or bank account (via ACH) for the agreed monthly amount as outlined in the signed proposal. Auto-debits will follow the initial kickoff date. If changes in scope or fee occur, you authorize the updated charge. Credit card payments may include a 3% processing fee.
13. SMS COMMUNICATION
By providing your phone number, you consent to receive SMS messages from us, which may include project updates, promotional offers, or appointment reminders. Message frequency may vary.
You can opt out at any time by replying “STOP.”
For assistance, reply “HELP” or contact us at steve@oceanbluedigital.com
Standard message and data rates may apply.
Carriers are not responsible for delayed or undelivered messages.
14. PRIVACY POLICY
Please review our Privacy Policy for how we collect, use, and protect your information. By using our services, you agree to its terms. If you are located outside the United States, you agree to the transfer of your information to U.S. systems.
15. SERVICE MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify or discontinue our services without notice. While we strive for uninterrupted service, we are not liable for downtime or performance issues.
16. CONTACT INFORMATION
Ocean Blue Digital, LLC
2250 57th Cir, Vero Beach, FL 32966
United States
917-382-5957
steve@oceanbluedigital.com
