These Terms of Service ("Terms") govern your access to, usage of all content, products, and services available at this website (the "Service") operated by Timothy Hoover Transportation, LLC ("us", "we", or "our"). Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein.
1. Services and Payment
Scope of Services: We agree to provide digital marketing services as described in a separate Statement of Work (SOW) or service agreement, which will detail project timelines, deliverables, specific duties, and performance indicators.
Payment Terms: Client agrees to pay for services as outlined in the SOW. Payments for monthly retainer services are due in advance of the service period. Any third-party costs (e.g., ad spend) are the sole responsibility of the client. Failure to make timely payments may result in suspension or termination of services.
2. Intellectual Property
Any campaign materials, strategies, reports, or creative content developed by us during the term of the agreement remain our intellectual property. The client is granted a license to use these materials in connection with their business. Client-provided materials (e.g., logos, branding, content) remain the property of the Client, and the Client warrants they have the right to use such materials.
3. Client Responsibilities
The Client agrees to provide all necessary access to information, data, and personnel required for us to perform the services. This may include access to website backends, ad accounts, and analytics platforms. The Client is responsible for the accuracy and legality of all provided materials and for approving deliverables in a timely manner. Delays on the Client's part may affect project timelines.
4. Confidentiality
Both parties agree to keep all non-public information, including business strategies, campaign data, and customer information, strictly confidential. This obligation of confidentiality shall survive the termination of any service agreement.
5. Termination
Either party may terminate the agreement with 30 days written notice. We may terminate or suspend your access to all or any part of our Services immediately in cases of non-payment or a material breach of these terms. Upon termination, the client is responsible for all fees accrued up to the termination date.
6. Disclaimer of Warranties
Our Services are provided "AS IS" and "AS AVAILABLE". Timothy Hoover Transportation, LLC disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability and fitness for a particular purpose. We do not guarantee any specific results, such as search engine rankings, lead volume, or return on investment, as these are subject to factors beyond our direct control.
7. Limitation of Liability
In no event will Timothy Hoover Transportation, LLC, its suppliers, or licensors be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Our total liability shall not exceed the amount paid by the Client to us in the three (3) months prior to the claim.
8. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state where Timothy Hoover Transportation, LLC is registered.
9. Changes
Timothy Hoover Transportation, LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will provide at least 30 days' notice prior to any new terms taking effect. It is your responsibility to check this Agreement periodically for changes.