Terms of Use

Big 3 Marketing, LLC ("the Company," "we," "us," or "our") operates websites on behalf of clients and visitors throughout the United States. These Terms of Use apply to all websites designed, built, hosted, and maintained by us, including any client websites we manage. Please read them carefully.

By using any website operated or created by us, or by engaging our services, you agree to be bound by these Terms. If you do not agree, do not use our websites or services.

We may update these Terms at any time without prior notice. Continued use of our websites or services after any update constitutes your acceptance of the revised Terms.

1. Definitions

Client - Any individual, business, or entity that has entered into a service agreement with us for website design, development, hosting, content creation, or related services.

Visitor - Any person browsing a website we have designed, hosted, or manage.

Content - All text, photographs, graphics, videos, logos, design elements, layouts, code, and other materials appearing on any website we create or manage.

Our Websites - Any and all websites created, hosted, maintained, or managed by us, including client-facing sites.

2. Ownership of Content, Design & Intellectual Property

This is the most important section for our clients to read carefully.

We create and deliver professional website design, photography, written content, branding elements, and other digital assets as part of our monthly service. Unless a separate written agreement explicitly states otherwise, the following ownership rules apply:

• a. We own everything we create.
• All website designs, layouts, graphics, photographs, written copy, code, and other materials produced by us regardless of whether they are displayed on a client's website remain the exclusive intellectual property of the Company. This ownership does not transfer to the client upon cancellation, termination, or expiration of service.
• b. Photographs and imagery.
• All photographs used on client websites that were sourced, produced, edited, or licensed by us are our property or are licensed exclusively through us. Clients may not download, copy, repurpose, redistribute, or transfer these images to another web designer, hosting provider, or platform without our express written permission. Using our photographs on a new or replacement website without authorization constitutes copyright infringement.
• c. No duplication or replication.
• Clients may not replicate, clone, reverse-engineer, or reconstruct any website we have designed in whole or in part for use with another service provider. This prohibition applies regardless of whether the client is copying code, design elements, photography, written content, or the overall look and feel of the site.
• d. Client-provided materials.
• Content, images, or other materials that a client explicitly provides to us remain the property of the client. Upon cancellation of services, clients may request the return of only the materials they originally submitted. No design elements, photographs, or written content created by us will be included in any such transfer.
• e. Domain names.
• Unless a written agreement specifies otherwise, domain names registered on behalf of a client through our service are managed by us and are subject to the terms of this agreement. Clients are encouraged to register their own domain names independently to maintain full ownership.
• f. License during active service.

While a client's account is active and in good standing, we grant a limited, non-exclusive, non-transferable license to display the website and its content for the client's business purposes. This license ends immediately upon termination or cancellation of services.

3. Cancellation

Clients may cancel with thirty (30) days written notice. All outstanding fees must be paid in full before cancellation takes effect. Upon cancellation:

• The client's license to use our designs, content, and photographs ends immediately.
• The client's website may be taken offline at our discretion.

We are not obligated to transfer any website files, design assets, photographs, or code to the client or a third party, except for materials the client originally provided to us.

We reserve the right to terminate service to any client at our sole discretion, with thirty (30) days notice by mail or phone.

4. Client Responsibilities for Submitted Content

When clients submit their own materials such as business information, personal photos, logos, or text for use on their website, the client represents and warrants that:

• They have full legal right, title, and permission to use and display the submitted content.
• The content does not infringe on any copyright, trademark, trade secret, or other intellectual property rights of any third party.
• The content complies with all applicable local, state, and federal laws.

We reserve the right to remove any client-submitted content if we receive a complaint or notice of infringement, or if the content otherwise violates these Terms. The client is solely responsible for resolving any legal claims arising from their submitted content, and agrees to indemnify and hold us harmless from any such claims.

5. Limitation of Liability

To the fullest extent permitted by applicable law:

• a. Our websites and all content are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding accuracy, reliability, fitness for a particular purpose, or non-infringement.
• b. We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of, or inability to use, any website we create or manage — including loss of business, revenue, data, or profits.
• c. We are not responsible for the content, accuracy, or practices of any third-party websites linked to or from our websites.
• d. We are not liable for any technical failures, data loss, or interruptions in service caused by circumstances beyond our reasonable control, including but not limited to hosting outages, cyberattacks, or internet disruptions.
• e. Any claim arising out of your use of our services or websites must be brought within 90 days of the date the claim arose. After that period, any such claim is permanently barred.

6. No Medical or Professional Advice

Nothing on any website we create or manage constitutes medical, legal, financial, or other professional advice. All content is for informational purposes only. Always seek guidance from a qualified professional for any matter requiring expert judgment. If you are experiencing a medical emergency, call 911 immediately.

7. Children's Privacy

Our websites are not directed toward children under the age of 13, and we do not knowingly collect personal information from children. If you believe a child has submitted personal information through one of our websites, please contact us so we can take appropriate action.

8. User Submissions & Public Areas

If any website we manage includes public-facing features such as contact forms, comment sections, or community areas, users agree not to submit content that is unlawful, defamatory, harassing, infringing, or otherwise objectionable. We reserve the right to remove any submitted content at our discretion and to terminate access for any user who violates these Terms. By submitting any content to a public area of our websites, you grant us a perpetual, royalty-free, worldwide license to use, display, and distribute that content in connection with operating our services.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, employees, agents, contractors, and licensors from and against any claims, damages, losses, liabilities, and expenses - including reasonable attorneys' fees - arising from your violation of these Terms, your submitted content, or your use of our websites.

10. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Alabama, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Madison County, Alabama, and you consent to personal jurisdiction in those courts.

11. Severability & Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms, along with any signed service agreement between you and us, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous understandings.

12. Contact

Questions about these Terms can be directed to us via the contact information listed on the applicable website. We will make reasonable efforts to respond in a timely manner.