Legal
Terms & Conditions / Terms of Use
Effective and last updated: September 29, 2026
These terms explain how you may use the Minding Your Media website and set out the standard terms that apply to our marketing, website, measurement, CRM and related services when they are accepted as part of a written agreement. Please read the no-results and no-refund sections carefully.
NO VOLUNTARY REFUNDS. All payments for MYM services are final and non-refundable to the fullest extent permitted by law, except where an applicable signed agreement expressly provides otherwise or a refund is legally required. Read the Refund Policy
1. Who we are, scope and order of precedence
Minding Your Media LLC ("MYM", "we", "our", "us") is an Arizona limited liability company. Our correspondence address is Minding Your Media LLC, 151 W. Superstition Blvd #6911, Apache Junction, AZ 85120, and our business phone is 480-442-9499. You can also reach us through the contact page on this website.
These terms have two parts. The website terms (sections 19 and 22, and the general provisions throughout) apply to anyone browsing or using this website. The service terms (sections 2 through 18, 20 and 21) apply to paid services only when they are validly accepted or incorporated by reference in an executed proposal, statement of work (SOW), order form or other mutually accepted written agreement. Browsing the site, requesting a quote or asking for a free fit review does not create a paid contract or enroll you in any retainer.
If a signed client agreement, SOW or express written amendment conflicts with these terms, the signed document controls. Where a data processing agreement (DPA) or similar privacy agreement is in place, it controls on questions of personal-data processing. Nothing in these terms limits any right or protection that applicable law does not allow to be waived.
This version is effective September 29, 2026. Later updates to this page apply prospectively. An update to the website does not unilaterally rewrite an existing client's contract, cancellation notice, payment terms, refund entitlement or asset rights; material changes to an existing engagement require that client's valid assent.
2. How an engagement is formed
A paid engagement begins only when an authorized representative of your business and MYM accept a written proposal, SOW, order or agreement that identifies the scope, fees and key terms. You confirm that the person accepting on your behalf has authority to bind your business.
Package cards, service descriptions and starting prices on this website are non-binding starting scope intended to help you understand our offer. They are not an offer capable of acceptance by themselves. We do not offer online checkout; final scope and pricing are confirmed in writing after review.
When you ask us to contact you by phone, text or email about your request, we use that method to respond to that request. It is not automatic permission for ongoing marketing messages, which require any separate consent the law requires.
3. Scope, deliverables, revisions and acceptance
Each SOW or agreement describes the deliverables, the number of revision rounds, any approval or acceptance criteria and the timeline assumptions for that work. Work not described there is outside scope. Paid discovery, audits and assessments are separate from the free fit review offered on this website.
Acceptance and rework procedures are set in the SOW. Where a SOW sets an acceptance window or deems a deliverable accepted after a period of silence, that provision applies; otherwise silence is not treated as universal acceptance. If a deliverable does not meet the agreed specification, tell us in writing with enough detail for us to correct it.
We may use qualified subcontractors or specialist providers where agreed or reasonably needed to deliver the scope, under appropriate confidentiality obligations. MYM remains your point of contact and coordinates their part of the agreed scope. MYM acts as an independent contractor; nothing in an engagement creates a partnership, joint venture, agency or employment relationship.
4. Pricing, setup and taxes
Our fees fall into distinct categories: one-time setup or onboarding fees, project milestones or installments, monthly retainers, and third-party costs such as advertising spend, software, hosting or telephony. Your written agreement should show all of these obligations so you can see your total commitment before work starts.
Every new paid offer includes a setup or onboarding fee unless it is expressly waived in signed terms. Existing waivers in a client's signed agreement are honored. Applicable sales or similar taxes are added where required.
Additional work outside the agreed scope requires an approved change order or written approval before it is billed. We will not issue a surprise retroactive invoice based solely on a new website policy. Proposals are valid only for the period stated in the proposal.
5. Invoicing and payments
Invoice timing and due dates are set in your agreement. Recurring billing occurs only when you have authorized it. Approved expenses and media budgets are funded separately from our service fees unless your agreement says otherwise.
If you dispute an invoice, please give us prompt written notice describing the issue so we can resolve it; doing so does not waive your rights. Undisputed amounts remain due on time.
If payment is overdue, we may pause work after giving notice, to the extent your agreement and applicable law permit, and after any cure period set in the agreement. Late charges or interest apply only if validly agreed in writing, and never above the maximum allowed by law.
6. No guarantee of results
We commit to the agreed work, not a promised outcome. Rankings, traffic, lead volume or quality, bookings, revenue and advertising returns are not guaranteed. Results depend on your offer, budget, access, approvals, capacity and timely follow-up, as well as market and platform conditions.
MYM does not promise or guarantee any particular ranking, indexing, AI-assistant citation, traffic level, lead volume or quality, appointment, sale, revenue, profit, cost per lead, cost per acquisition, return on ad spend, advertising approval, account reinstatement, uninterrupted hosting, freedom from hacking, or completeness of any website recovery.
Forecasts, targets, benchmarks and case studies are illustrative planning tools and past examples, not commitments for your business. Actual past metrics reported in our published case studies describe those specific engagements and are not affected by this section.
Our fees are for professional services, not contingent on outcomes. This section does not excuse MYM from performing the agreed work with professional skill, care and diligent effort, and it does not limit MYM's responsibility for its own breach or any liability that cannot lawfully be excluded.
7. Client responsibilities
You are responsible for making sure your offers, pricing, claims, licenses and content are lawful and accurate, and that you have the rights to any content, images, trademarks and data you provide. You are responsible for setting budgets, maintaining ownership of your accounts, providing truthful data and keeping your own backups unless backup services are expressly included in scope.
Unless your agreement sets another period, please provide requested access, information and approvals within five business days. Cooperate with your own vendors so we can complete integrations, and notify us promptly of changes to your business, offers, service areas, staff or systems.
Marketing produces inquiries; your team turns them into customers. You are responsible for answering calls, responding to forms and messages promptly, providing booking capacity and sales follow-up, and sharing CRM dispositions and revenue feedback so campaigns can be measured and improved. MYM is not responsible for outcomes lost because calls were missed, responses were slow, recommendations were refused, pricing was uncompetitive or the office was closed.
Client delays affect timelines and are not an automatic MYM breach. Timelines extend reasonably to reflect them, and rework caused by late changes or reversed approvals may be quoted as additional work.
8. Paid advertising and streaming TV
Advertising spend is paid to the advertising platform or media provider and is separate from our management fees unless your written agreement says otherwise. Platforms control auctions, bids, placements, policies and approvals, so costs and delivery vary.
Invalid traffic, bots and spam can be reduced but cannot be eliminated. Attribution is imperfect, and not every tracked conversion is a unique, qualified sale. Creative production, location shoots and additional platforms are extra unless included in your scope. We do not promise refunds of media spend; any credit is decided by the platform under its own terms.
9. SEO, local visibility, content and social
Search engines, AI assistants, map listings, review sites and social platforms set their own ranking, indexing and review policies, which are outside our control and change frequently. Publishing depends on your approvals and on platform access.
We do not buy or create fake reviews or endorsements. Engagements are not exclusive to a geography or industry unless a signed agreement says so. Previously published case-study figures remain as published.
10. Websites, recovery and maintenance
Where a site may already be compromised, we begin with an assessment. Repair, clean rebuild or migration options are scoped and priced separately. Recovery work is not forensic investigation, legal advice or endpoint incident response unless those services are expressly contracted.
We do not guarantee that all malware or backdoors will be removed from a previously compromised system, or that previous rankings or traffic will return. Security is a shared responsibility between you, your hosting and software providers, and MYM within its agreed scope. Backup and restore services, schedules and retention are included only when stated in scope. Staging, migration and downtime windows are agreed in advance.
Paid maintenance is a separate service from a website build. The end of a maintenance or hosting service does not mean you lose code or content you own under section 13, and it does not by itself cause loss of your custom domain, which remains registered to you.
11. CRM, AI, SMS and call tools
AI-assisted outputs require human review before use. We do not guarantee the accuracy of AI output, and nothing produced by an AI tool is legal, medical or financial advice. Do not upload protected health information, privileged material, payment card data or passwords through public forms or demos. Any processing of sensitive or regulated data requires an approved secure workflow and, where applicable, a DPA or business associate agreement.
Consent, call-recording notices, telemarketing rules and suppression lists are shared responsibilities; you are responsible for the consent status of your own contacts. We do not automatically contact people you refer or upload unless an agreed, lawful workflow is in place. Integrations and vendors change over time. Support hours, telephony credits, messaging fees and usage charges are not included unless stated in your scope.
12. Third-party platforms and access governance
We prefer that advertising, analytics, CRM, hosting and domain accounts are owned by the client, with MYM granted delegated, least-privilege access. Third-party platforms have their own terms, billing, export limits and porting constraints, which you accept directly with them.
Platform names and logos on our website indicate tools we have experience with, not partnerships or endorsements unless stated. A third-party failure does not waive MYM's own obligations for the work within our control.
13. Ownership and licenses
You keep ownership of your pre-existing assets, data, domains, accounts, trademarks and content. Original work specifically commissioned for you transfers to you, or is licensed to you as the SOW states, once the corresponding agreed payment has been made.
MYM retains its pre-existing frameworks, templates, methods, know-how, code libraries and tools. Where any of these are embedded in your deliverables, you receive a limited, non-exclusive license to use them as part of those deliverables, subject to any third-party license terms. Ownership of other clients' materials and of MYM's shared master accounts or agency tools does not transfer.
We may reference work in our portfolio only as permitted by your agreement or with your permission. This is not a blanket waiver of the confidentiality of your results.
14. Confidentiality and security
Each party will use the other's confidential information only for the engagement and will limit access to people who need it, including staff, providers and professional advisers who are bound by appropriate duties. Disclosure required by law is permitted, with notice to the other party where lawful. Information that is public, already known, independently developed or rightfully received from someone else is not confidential. Obligations continue for as long as the information remains confidential or a trade secret.
Our website uses HTTPS, our lead records are access-controlled, and server credentials are kept in server-side secret management. No system is 100% secure, and we do not claim a 24/7 security operations center, a guaranteed backup or universal multi-factor authentication. If a security incident affects shared systems, each party will cooperate reasonably and give any legally required notices; those duties are not waived.
15. Term, renewal and cancellation
The commitment period, renewal, cancellation method and notice period for your services are those stated in your accepted agreement. Where these terms are incorporated into a new agreement that does not state otherwise, recurring services run month to month and either party may cancel with 30 days' written notice before the desired end date, subject to the current billing period and written confirmation.
No 12-month term, automatic renewal or percentage-of-remaining-fees penalty is implied by these terms. Fees for work already performed, earned retainer periods and non-cancellable commitments approved in writing remain payable. An early termination amount applies only where expressly and validly agreed. Statutory rights are preserved, and remedies for MYM's own material breach are not extinguished. These terms do not rewrite the offboarding terms of a current engagement.
16. Suspension and rescheduling
We may suspend or reschedule work if a client fails to meet material obligations, or in response to security abuse or illegal use. Suspension will be proportionate and preceded by notice where practicable. We may act immediately when necessary to protect systems, data or people.
We will not deliberately destroy customer data or seize a client's pre-existing accounts as leverage over an unpaid invoice.
17. Offboarding and asset control
When an engagement ends, we work from a written inventory of the assets and access involved: owner email addresses, access invitations, domain and DNS registrar accounts, billing ownership, hosting and software licenses, phone number porting, consent records, the scope of any data export and a cutover date. Transfers depend on vendor approval and on your acceptance of the new account ownership.
You keep your assets and data. A standard handoff as agreed is part of offboarding; troubleshooting for a new vendor, or additional migration work, is quoted separately. Subscriptions to MYM's own agency tools, and temporary optimizations delivered through those tools, may stop only where they were actually licensed rather than owned by you. Offboarding never means removing client-owned paid work.
We minimize retained data, revoke our access and rotate shared credentials where applicable. Residual backups and legal or financial records may be retained as described in our Privacy Policy. Timelines follow the agreement, and we do not claim a fixed deletion period that has not been implemented. We do not hand over shared agency billing or login tokens. After a verified handoff, MYM is not an ongoing operator of your systems unless a new support agreement is made. There is no retrospective forfeiture of assets or punitive unlinking.
18. Refunds
NO VOLUNTARY REFUNDS. All payments for MYM services are final and non-refundable to the fullest extent permitted by law, except where an applicable signed agreement expressly provides otherwise or a refund is legally required.
Our Refund Policy is incorporated into these terms. Refunds are not available based on performance or satisfaction alone. Correcting a duplicate or unauthorized charge, applying an agreed credit, or returning separately held unspent client funds is not a refund of earned service fees. Non-waivable legal rights, including payment-dispute rights, are preserved.
19. Website use, content and intellectual property
Use this website lawfully. Do not attempt unauthorized access, security testing, scraping of private areas, disruption, or uploading of malicious code, and do not impersonate others or misuse forms and communications. We may restrict access to protect the site and its visitors.
Our original site copy, design and marks are protected. Client names, logos and third-party marks belong to their owners. You may view the site and share links, but please do not reproduce site materials or imply endorsement without permission. Links and embedded tools lead to third parties whose terms and privacy practices apply.
Nothing in these terms prevents honest reviews, lawful reporting or the exercise of legal rights.
20. Warranties and limitation of liability
Where a signed agreement addresses warranties or liability, that agreement controls. Website information is provided as-is for general information; this does not disclaim the paid deliverables or professional duties described in an agreement.
For new service agreements that incorporate these terms without other liability provisions, and to the fullest extent permitted by law: each party's total liability for recurring services is limited to the fees paid for the affected services in the three months before the event giving rise to the claim, and for a one-time project to the fees paid for that project. Neither party is liable for indirect, incidental, special or consequential damages, or lost profits, to the extent the law permits that exclusion.
These limits do not apply to fraud, willful misconduct, gross negligence, amounts owed for services, or any liability that cannot lawfully be limited.
21. Indemnity
To the extent a third-party claim is caused by client-provided unlawful content or instructions, infringing materials, or the client's consent failures, the client will defend and indemnify MYM against that claim. This does not cover claims caused by MYM's own wrongdoing.
The party seeking indemnity must give prompt notice, allow the indemnifying party reasonable control of the defense, and cooperate. Neither party may settle a claim with an admission on the other's behalf without consent. Where a signed agreement includes an intellectual-property indemnity from MYM or reciprocal indemnities, that agreement governs.
22. Disputes, governing law and general terms
If a concern arises, please give written notice and discuss it with us in good faith first. This step does not shorten any statutory deadline. Where a signed agreement provides for arbitration or another process, that agreement governs. These terms do not impose arbitration or a class-action waiver on anyone merely browsing this website.
These terms are governed by Arizona law. For new accepted service terms, courts located in Maricopa County, Arizona have jurisdiction, subject to any mandatory jurisdiction rules and unless an agreement sets another forum.
If any provision is unenforceable, the remainder continues. A failure to enforce is not a waiver. Neither party may assign an engagement without consent, except to a successor business with notice. Neither party is liable for delays caused by events beyond reasonable control, to the extent affected, but this does not excuse payments already owed. The signed agreement and these terms, with signed terms taking precedence, form the entire agreement on their subject matter.
Changes to these terms apply prospectively; material changes to an existing engagement require valid assent. Notices under a client agreement go to the address in that agreement. Otherwise, contact us through the contact page, call 480-442-9499, or write to Minding Your Media LLC, 151 W. Superstition Blvd #6911, Apache Junction, AZ 85120.
