Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to Cushing Marketing (“Cushing Marketing,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, services, software, marketing platforms, communications, and any related products or deliverables.

By accessing our website, submitting a form, purchasing a service, signing a proposal, entering into a service agreement, or otherwise engaging our services, you (“you,” “your,” or “Client”) agree to these Terms.

If you do not agree with these Terms, you must not use our website or services.

If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity.

These Terms apply alongside any proposal, order form, statement of work, service agreement, or written agreement provided by Cushing Marketing. If a signed agreement conflicts with these Terms, the signed agreement will control to the extent of the conflict.

2. Services Provided

Cushing Marketing provides digital marketing and related business services, which may include:

• Search engine optimization (SEO) and AI search optimization.
• Google Business Profile optimization, maintenance, and management.
• Website design, development, hosting, maintenance, and updates.
• Local SEO, business directory listings, and citation management.
• Pay-per-click advertising and advertising campaign management.
• Social media management and content creation.
• Email marketing, text message marketing, and automation.
• Reputation management and review generation tools.
• Missed-call text-back systems, chatbots, and lead management.
• Graphic design, consulting, and related digital services.

The specific services included in your purchase will be described in your proposal, package description, order form, invoice, or other written agreement.

We reserve the right to modify our service offerings, tools, methods, and internal processes when reasonably necessary, provided that material changes to contracted services remain subject to the applicable agreement and law.

Services not expressly included in your purchase are excluded and may require additional fees.

3. No Guarantee of Results

Digital marketing involves variables outside our control. Cushing Marketing does not guarantee any particular business, financial, marketing, or search performance outcome.

Without limitation, we do not guarantee:

• First-page or first-position search engine rankings.
• Placement in Google’s local map results, AI-generated search results, or other search experiences.
• A specific number of calls, leads, website visitors, booked appointments, sales, or customers.
• Increased revenue, profitability, or return on investment.
• Google Business Profile verification, reinstatement, or continued visibility.
• The accuracy, availability, or continued display of third-party directory listings.
• That any advertising campaign will achieve a particular cost per lead or conversion rate.

Any examples, case studies, testimonials, forecasts, estimates, or performance figures are illustrative only unless expressly stated otherwise in a signed agreement.

Past performance does not guarantee future results. Results vary according to competition, location, budget, market conditions, client responsiveness, business reputation, pricing, website quality, and other factors.

You acknowledge that marketing services are not a guarantee of commercial success.

4. Fees, Billing, and Payment

You agree to pay all fees disclosed in your proposal, order form, invoice, or other applicable agreement.

Unless otherwise specified in writing:

• Recurring services are billed in advance on a monthly basis.
• One-time setup fees, project fees, and other initial charges are due as stated in your agreement or invoice.
• Payments are due on the stated invoice due date.
• You authorize us and our payment processors to charge your selected payment method for amounts you have agreed to pay.
• You are responsible for providing accurate billing information and maintaining a valid payment method.

Fees do not include advertising spend, premium software subscriptions, domain registration, stock assets, paid plugins, third-party licenses, or other external costs unless expressly included in your agreement.

We may suspend services for overdue payments after providing any notice required by law or your agreement. We may charge lawful late fees, collection costs, or interest only to the extent permitted by applicable law and the applicable agreement.

You remain responsible for charges incurred before a suspension or termination becomes effective.

If a payment fails, you authorize reasonable attempts to collect the outstanding authorized balance using your designated payment method.

5. Recurring Subscriptions and Automatic Renewal

If you purchase a recurring service, your subscription will renew automatically at the disclosed interval unless you cancel in accordance with these Terms and your service agreement.

Before purchasing a recurring service, you should review the disclosed price, billing frequency, initial term, renewal terms, and cancellation procedure.

You authorize recurring charges for the subscription you select. Any material price change will be communicated in advance, and any consent or notice required by law will be obtained or provided.

Unless a different term is expressly stated in your signed agreement:

• Monthly subscriptions continue month to month.
• Recurring charges continue until cancellation becomes effective.
• Cancellation stops future recurring charges but does not automatically erase outstanding balances.
• Project fees, setup fees, and work already performed remain payable as agreed.
• Advertising spend and third-party charges may continue until separately canceled with the applicable provider.

No provision in this section eliminates any cancellation, refund, or other rights you may have under applicable law.

6. Cancellation, Refunds, and Termination

You may request cancellation by emailing us at support@cushingmarketing.com or by using another cancellation method expressly provided in your service agreement.

Cancellation requests should identify your business and the services you wish to cancel. We may reasonably verify the request before processing it.

Unless otherwise required by law or stated in a signed agreement, a monthly subscription cancellation becomes effective at the end of the current paid billing period. We will not charge another recurring service fee after the effective cancellation date, except for charges already incurred or otherwise properly payable.

Fees for services already performed, completed milestones, approved expenses, and noncancelable third-party commitments remain payable as agreed.

Refunds are not guaranteed and will be evaluated according to the applicable service agreement, work completed, disclosed refund policy, and applicable law.

We may terminate or suspend services for material breach, nonpayment, unlawful conduct, abusive behavior, misuse of our systems, or a material risk to our business or other clients. Where appropriate, we will provide notice and a reasonable opportunity to cure the breach.

Either party may terminate a service agreement as permitted by that agreement or applicable law.

Upon termination, we may discontinue access to our systems and services. Ownership, data delivery, account transfer, and website handoff will be handled according to the applicable agreement and Section 13 below.

7. Client Responsibilities

You agree to cooperate with Cushing Marketing and provide the information, materials, access, approvals, and feedback reasonably necessary to perform the services.

Your responsibilities include:

• Providing accurate business information, service descriptions, contact details, service areas, and business hours.
• Maintaining control of your business accounts and keeping account credentials secure.
• Ensuring you have the rights and permissions necessary to use materials you supply.
• Reviewing and approving content, advertisements, website materials, and business information when requested.
• Responding to reasonable requests for information and approvals.
• Ensuring your products, services, business practices, advertising claims, and customer communications comply with applicable laws.
• Obtaining any required customer consents, releases, licenses, and permissions.
• Informing us promptly of changes to your business, services, ownership, location, or contact information.

We are not responsible for delays, reduced performance, or errors caused by inaccurate information, missing access, late approvals, client inaction, or circumstances within your control.

If you supply inaccurate, misleading, unlawful, infringing, or unauthorized materials, you remain responsible for those materials and the consequences of their use, subject to applicable law.

8. SEO and Google Business Profile Services

Search engines, online directories, mapping services, and other third-party platforms independently determine how information is displayed, indexed, ranked, verified, or removed.

Cushing Marketing does not control Google’s algorithms, ranking systems, eligibility decisions, verification procedures, suspension policies, or platform updates.

You acknowledge that:

• Rankings and visibility may fluctuate without notice.
• Third-party platforms may change their rules or functionality.
• Listings may be delayed, rejected, edited, suspended, or removed.
• Search engines may choose not to index particular pages or content.
• Directory information may be altered or overwritten by third parties.
• Changes made by us may take time to be reflected publicly, or may not be reflected at all.

You authorize us to perform the specific account-management and optimization activities included in your agreement. We will not knowingly misrepresent your business or intentionally engage in prohibited practices.

You remain responsible for the legitimacy of your business, the accuracy of your information, compliance with platform eligibility requirements, and any business decisions or representations made through your accounts.

We do not guarantee rankings, reinstatement, verification, or uninterrupted listing visibility.

9. Advertising Services and Advertising Budgets

Advertising services may include campaign setup, management, optimization, creative development, and performance reporting.

Unless expressly included in your agreement, advertising spend is separate from Cushing Marketing’s service fees and is payable to the applicable advertising platform or provider.

You authorize only the advertising budgets and campaign expenditures you approve. You are responsible for reviewing and approving material budget changes, offers, claims, and campaign objectives.

Advertising platforms may reject advertisements, suspend accounts, change policies, modify targeting options, or experience outages. We are not responsible for decisions or interruptions caused by these platforms, except to the extent directly caused by our breach of an applicable agreement or other legally actionable conduct.

Advertising performance is not guaranteed. We are not responsible for sales, customer service, pricing, fulfillment, or conversion activities performed by your business.

10. Website Design, Hosting, and Maintenance

Website deliverables, ownership rights, hosting arrangements, included revisions, maintenance, backups, security measures, and migration services will be determined by your applicable agreement.

Unless otherwise stated in writing:

• Hosting and maintenance are recurring services and may require an active subscription.
• New pages, substantial redesigns, additional integrations, and work outside the agreed scope may incur additional charges.
• Third-party plugins, themes, software, hosting providers, and integrations may have separate fees and terms.
• No website can be guaranteed to remain continuously available, error-free, or immune to cyberattacks.
• Website changes may require maintenance windows or temporary service interruptions.

You are responsible for reviewing your website’s published content, claims, pricing, disclosures, contact information, and legal notices.

Upon termination, transfer of a website, domain, files, or account will be handled in accordance with your written agreement, applicable third-party licensing restrictions, and any outstanding payment obligations.

We will not claim ownership of your domain or client-owned materials merely because we provide hosting or maintenance. Conversely, payment for services does not automatically transfer ownership of our pre-existing tools, templates, proprietary systems, or licensed third-party materials.

11. Email, SMS, Automation, and Reputation Management

You are responsible for ensuring that your use of email, text messaging, telephone outreach, automated communications, review requests, and customer data complies with applicable laws and platform rules.

This may include the Telephone Consumer Protection Act (TCPA), applicable Federal Communications Commission rules, the CAN-SPAM Act, privacy laws, telemarketing requirements, and applicable state laws.

You must obtain and document any consent required for your communications, maintain appropriate consent records, identify your business accurately, honor opt-out requests, and use contact lists lawfully.

Cushing Marketing does not authorize unlawful spam, deceptive messaging, purchased or improperly obtained contact lists, fake reviews, review manipulation, or misleading advertising.

You remain responsible for the legality and accuracy of your offers, messages, customer lists, and business practices. Our provision of marketing software or automation does not, by itself, establish that your campaign complies with the law.

We may suspend a campaign or feature if we reasonably believe it creates a legal, security, or platform-compliance risk.

12. Intellectual Property and Content Rights

Each party retains ownership of intellectual property it owned before the engagement.

You retain ownership of materials you provide to us, subject to any third-party rights. You grant Cushing Marketing a limited, nonexclusive license to use, reproduce, modify, and display those materials as reasonably necessary to perform the contracted services.

Unless otherwise stated in your agreement, original, client-specific deliverables created for you will be assigned or licensed to you as specified in that agreement after all applicable fees have been paid in full.

Cushing Marketing retains ownership of its pre-existing materials and general-purpose assets, including proprietary processes, templates, frameworks, software, know-how, reusable components, and internal systems. We may reuse general skills, ideas, and techniques that do not disclose your confidential information or reproduce your protected deliverables.

Third-party stock images, fonts, plugins, software, themes, and other licensed materials remain subject to their respective license terms and may not be transferable.

You represent that you have the necessary rights to all content, trademarks, photographs, videos, logos, testimonials, and other materials you supply.

13. Third-Party Platforms and Services

Our services may rely on Google, Meta, hosting companies, domain registrars, CRM systems, payment processors, analytics tools, advertising platforms, AI tools, communication providers, and other third parties.

Those providers operate independently and may change their prices, terms, functionality, security practices, or availability.

Your use of third-party services may be governed by separate terms and privacy policies. You are responsible for reviewing those terms and maintaining any accounts or subscriptions assigned to you.

We are not responsible for third-party outages, policy changes, account decisions, price increases, data loss, or service interruptions that are outside our reasonable control. This limitation does not exclude responsibility that cannot lawfully be excluded.

Where practicable and included in your agreement, we will reasonably cooperate with account transfers or migrations. Additional migration, reconstruction, or recovery work may be billed separately if not included in your package.

14. Confidentiality

Each party may receive confidential information from the other during an engagement.

The receiving party agrees to use confidential information only as reasonably necessary to perform the agreement, protect it using reasonable care, and not disclose it to unauthorized persons except as permitted by law or the agreement.

Confidential information does not include information that is publicly available without breach, already lawfully known to the receiving party, independently developed, or lawfully received from another source without a duty of confidentiality.

We may disclose relevant information to employees, contractors, and service providers who need it to perform the services and are subject to appropriate confidentiality obligations.

15. Privacy and Data Security

Our collection and use of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that you have a lawful basis to provide personal information to us for processing, including customer contact details and marketing lists.

We will use reasonable measures designed to protect information within our control. However, no internet transmission, software platform, or storage system can be guaranteed to be completely secure.

If we process personal information on your behalf, additional data-processing terms may apply.

16. Testimonials, Reviews, and Portfolio Use

We will not fabricate reviews, knowingly misrepresent client results, or create deceptive endorsements.

Unless you instruct us otherwise in writing, we may identify your business as a client and display publicly available examples of completed work in our portfolio, case studies, or marketing materials, subject to any confidentiality obligations and applicable law.

We will obtain permission where required before using nonpublic client information, confidential performance data, or identifiable testimonials that require authorization.

You are responsible for obtaining any permissions required for testimonials, photographs, customer stories, or endorsements you supply.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Cushing Marketing and its owners, employees, contractors, and agents from third-party claims, losses, liabilities, damages, and reasonable legal expenses arising from:

• Materials, content, or instructions you supply without the necessary rights.
• Your products, services, business operations, or representations.
• Your unlawful use of marketing systems or customer information.
• Your failure to obtain legally required consent or authorization.
• Your material breach of these Terms or an applicable agreement.

This obligation does not apply to the extent a claim is caused by our own negligence, willful misconduct, breach of contract, or other conduct for which applicable law prohibits shifting responsibility to you.

We will provide reasonable notice of an indemnified claim and reasonable cooperation. You may not settle a claim in a way that imposes an admission, obligation, or liability on us without our written consent.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Cushing Marketing will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, loss of goodwill, or loss of anticipated savings arising from or related to the services.

To the maximum extent permitted by law, Cushing Marketing’s total aggregate liability arising out of or relating to a particular service engagement will not exceed the fees actually paid to Cushing Marketing for the specific services giving rise to the claim during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply to liabilities that cannot legally be limited or excluded, or to any liability expressly excluded from limitation in a signed agreement.

Nothing in this section limits your obligation to pay fees properly owed under your agreement.

19. Disclaimer of Warranties

To the maximum extent permitted by law, the website, services, and deliverables are provided on an “as available” basis, subject to the express commitments in your signed agreement.

Except as expressly stated in writing, Cushing Marketing disclaims implied warranties of merchantability, fitness for a particular purpose, and noninfringement to the extent such disclaimers are legally enforceable.

We do not warrant that services will be uninterrupted, error-free, compatible with every system, or capable of achieving a particular business result.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

20. Force Majeure

Neither party will be liable for a delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, government action, widespread internet or telecommunications failures, labor disruptions, cyberattacks, or major third-party service outages.

The affected party will use reasonable efforts to minimize the impact and resume performance when practicable. This section does not excuse payment obligations for services already performed or amounts otherwise due.

21. Dispute Resolution and Governing Law

The parties agree to first attempt to resolve disputes through good-faith written discussions.

If a dispute cannot be resolved informally, the parties may pursue the remedies available under applicable law and any valid dispute-resolution provision in a signed agreement.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, except where another law must apply.

To the extent permitted by law and subject to any enforceable agreement between the parties, proceedings will be brought in a court of competent jurisdiction located in Florida.

Nothing in this section waives rights or remedies that cannot lawfully be waived.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, business practices, or legal obligations.

The updated version will be posted on our website with a revised effective or last-updated date. Changes will apply prospectively, subject to applicable law and any signed agreement.

Material changes to existing contractual obligations will be handled through the notice, consent, or amendment process required by the applicable agreement and law.

Your continued use of the website after an update does not, by itself, override a signed agreement or establish consent where additional consent is legally required.

23. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent legally permissible.

A failure to enforce any provision does not constitute a waiver of that provision or any other right.

24. Entire Agreement and Assignment

These Terms, together with applicable proposals, order forms, service agreements, and incorporated policies, constitute the agreement governing the relevant services.

No provision in these Terms overrides a conflicting signed agreement unless the parties expressly agree otherwise in writing.

You may not assign your agreement without our consent, except where assignment is permitted by law or the applicable agreement. We may assign our rights and obligations as part of a merger, reorganization, or sale of substantially all relevant business assets, subject to applicable law.

25. Electronic Communications and Signatures

You consent to receive service-related notices and communications electronically where permitted by law.

Electronic agreements, approvals, and signatures may have the same legal effect as paper documents when permitted by applicable law.

Consent to electronic service communications does not constitute consent to receive marketing emails or text messages where separate consent is required.

26. Contact Information

For questions about these Terms, billing, cancellation, or our services, contact:

Cushing Marketing
Email: support@cushingmarketing.com
Website: https://cushingmarketing.com