IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, IN ADDITION TO ANY CONDITIONS, LIMITATIONS, OR EXCLUSIONS THAT MAY APPLY TO YOU, ARE INCLUDED IN THIS DOCUMENT. PLEASE CAREFULLY READ IT.
INSTEAD OF A JURY TRIAL OR A CLASS ACTION, THESE TERMS REQUIRE DISPUTES TO BE RESOLVED THROUGH ARBITRATION.
THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MOZA-BELLA, LLC, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. WHEN PLACING AN ORDER FOR SERVICES, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS. YOU AGREE THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS IF YOU PLACE AN ORDER ON THEIR BEHALF.
IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE UNDER 18 YEARS OF AGE OR THE LEGAL AGE TO ENTER INTO A BINDING CONTRACT WITH MOZA-BELLA, LLC, OR (C) ARE PROHIBITED FROM USING THIS WEBSITE OR ACCESSING ANY OF ITS CONTENT OR SERVICES BY APPLICABLE LAW, THEN YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE.
THESE TERMS AND CONDITIONS (the “Terms”) apply to the purchase and sale of services through Moza-Bella, LLC (the “Site”). These Terms are the only terms that govern the services provided by Moza-Bella, LLC with an address at 2890 W Broward Blvd. Building B Suite 285 (“Moza-Bella”), to the entity listed as accessing, using, subscribing, or placing an order (“CLIENT”). Moza-Bella may also be referred to herein as “we,” “us,” or “our”. The CLIENT and Moza-Bella may also be referred to herein individually as a “Party” and collectively as the “Parties”.
These Terms are subject to change without prior written notice at any time, in Moza-Bella, LLC’s sole discretion. Any changes to the Terms shall be in effect as of the “Last Updated Date” found on the Site. We recommend you read these Terms before purchasing any product or services through this Site. Your continued use of this Site after the “Last Updated Date” shall represent your acceptance of and agreement to the updated adjustments. These Terms are an essential part of the Terms of Use that apply to the use of the Site. We recommend you carefully review Moza-Bella’s Privacy Policy prior to placing an order for services through this Site.
By accessing our services, you agree to be bound by the following terms and conditions, which govern the relationship between Moza-Bella and you, the client:
1. SERVICES
Moza-Bella is a digital marketing agency specializing in marketing strategies. Our services are available to businesses and individuals who have agreed to these terms and conditions. Our services include, but are not limited to:
- Creating and implementing websites and landing pages through Go High Level - Email marketing through Go High Level
- Press Releases
- Executing digital marketing automations and workflows
- Scheduling and calendar integration services
- Digital TV Show on Fox5 San Diego and PIX11 New York
- SEO, website and Google Business page optimization
- Video content consulting and editing of client content
- Consulting services related to digital marketing strategies and tools
- Implementing AI-driven chatbots for enhanced customer support
Our services are intended for business purposes only and not for personal, non-commercial use.
2. CLIENT RESPONSIBILITIES
As our client, you agree to provide accurate and complete information regarding your business and marketing goals. You are also responsible for providing timely feedback and approval throughout the duration of our services. Failure to provide accurate information or timely feedback may result in delays or additional charges.
3. ACCOUNT SETUP AND USE
To use our services, you must create an account with us by providing your name, email address, and other information as required. You agree to provide accurate, complete, and current information, and to update this information promptly if it changes. You are responsible for maintaining the confidentiality of your account login information, and for any activities that occur under your account.
4. EMAIL LISTS AND PHONE NUMBERS
You assure and guarantee that you have secured all essential permissions and consents from individuals whose personal information, including email addresses and phone numbers, is provided to us for inclusion in your email campaigns and other marketing activities. This includes, but is not limited to, obtaining necessary consents as required by relevant data protection laws. You bear the responsibility for adhering to all applicable legal standards and regulations concerning the gathering, use, and disclosure of personal data in relation to your email lists and phone numbers.
5. PROHIBITED CONTENT
You agree not to use our services to send any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, hateful, racially, ethnically, or otherwise objectionable, or that infringes on the intellectual property or other rights of any third party. We reserve the right to suspend or terminate your account immediately if we determine that you have violated this provision.
6. INTELLECTUAL PROPERTY
We retain all rights, title, and interest in and to our services, including all intellectual property rights related to our services. You may not use our services for any purpose other than as expressly permitted under this Agreement. You may not copy, modify, distribute, sell, or otherwise exploit any portion of our services without our prior written consent.
7. FEES AND PAYMENTS
Our fees are based on the services provided and will be outlined in a written proposal or agreement. Payments must be made in a timely manner, as specified in the agreement. Failure to make payments on time may result in the suspension or termination of services.
8. CONFIDENTIALITY
We respect the privacy and confidentiality of our clients’ information. We will not disclose any confidential or proprietary information to any third party without your express permission, except as required by law.
9. OWNERSHIP AND USE OF CONTENT
All content created by us for your marketing campaigns remains the property of Moza-Bella until payment is received in full. Once payment is received, you will have ownership of the content and may use it as you see fit. You agree not to copy, reproduce, or distribute our content without our express permission.
10. DISCLAIMER OF WARRANTIES
Our services are provided "as is" and "as available" without a warranty of any kind, whether express, implied, statutory, or otherwise. We disclaim all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. LIMITATION OF LIABILITY
In no event shall we be liable to you or any third party for any indirect, special, incidental, consequential, or punitive damages, including without limitation lost profits or data, arising from or relating to this agreement or your use of our services, even if we have been advised of the possibility of such damages. Our total liability to you or any third party for any claim arising from or relating to this agreement or your use of our services shall not exceed the amount paid by you to us for the services during the twelve (12) month period immediately preceding the claim.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, and agents harmless from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of our services, your breach of this Agreement, or your violation of any law or third-party right.
13. TERMINATION
We may terminate this Agreement and your access to our services at any time, for any reason or no reason, without liability to you or any third party. You may terminate this Agreement by discontinuing your use of our services. Upon termination of this Agreement, all rights granted to you under this Agreement will immediately terminate, and you must promptly cease all use of our services. Either party may terminate the agreement for any reason by giving written notice to the other party. Upon termination, all outstanding fees and charges must be paid in full.
14. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any disputes arising out of or related to this agreement shall be resolved through binding arbitration in Illinois, in accordance with the rules of the American Arbitration Association.
15. ENTIRE AGREEMENT
This agreement represents the entire understanding between Moza-Bella and you, the client, and supersedes all prior agreements, negotiations, and understandings, whether written or oral. This agreement may not be amended or modified except in writing signed by both parties. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. 16. ASSIGNMENT You may not assign, transfer, or subcontract any of your rights or obligations under this agreement without our prior written consent. We may assign, transfer, or subcontract any of our rights or obligations under this agreement without your consent.
17. NOTICES
All notices and other communications required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person, by email, or by certified mail, return receipt requested, to the parties at the addresses set forth in the agreement. 18. WAIVER No waiver of any provision of this agreement shall be deemed a waiver of any other provision or a continuing waiver of the same provision. Any failure to enforce any provision of this agreement shall not be deemed a waiver of that provision or any other provision.
19. FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of our obligations under this agreement if such failure or delay is due to causes beyond our control, including, but not limited to, acts of God, war, terrorism, natural disasters, or other events beyond our reasonable control.
20. SURVIVAL
The provisions of this agreement that by their nature should survive termination, including, but not limited to, provisions relating to ownership and use of content, confidentiality, warranties and disclaimers, limitation of liability, indemnification, and governing law, shall survive termination of this agreement.
21. ACKNOWLEDGMENT
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further acknowledge that this agreement constitutes the entire understanding between you and Moza-Bella regarding the services provided and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. These Terms of Service, along with our Privacy Policy and any other policies or rules posted on our website, constitute the entire agreement and understanding between you and Moza-Bella. These terms govern your access to and use of our website, as well as any purchase, ordering, or use of our services and products. These terms supersede any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Moza-Bella. We reserve the right to offer new services and features through our website in the future, and such new services and features shall also be subject to these terms and any other policies or rules posted on our website. Any ambiguities in the interpretation of these terms shall not be construed against Moza-Bella as the drafting party. Any translations of these terms provided to you are for convenience purposes only, and the English language translation of these terms shall govern.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.