Terms of Service

Local Leap Marketing LLC Terms of Service

These terms and conditions of service (these “Terms” or this “Agreement”) are by and between Local Leap Marketing, LLC (referred to as “us,” “we,” “our,” or the “Company”), a Texas limited liability company with offices located at 700 Central Expy S Ste 400, Allen, Texas 75013-8113, and the client who signs this Agreement (referred to as “you,” “your,” or “Client”), who is identified at the signature block.

  1. Important Information

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

By signing this Agreement, you affirm that you are of legal age to enter into this Agreement, and you accept and are bound by these terms and conditions. You affirm that if you pay any invoice on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions. By signing this Agreement and accepting services from us you agree to our Terms of Service and Privacy Policy.

  1. Project Acceptance and Cancellation 

Your access to and use of our products and services are conditioned upon your acceptance of, and compliance with, these Terms. By signing this Agreement, you acknowledge that you have read, understood, and agree to be bound by the Terms.

All products and services (collectively, the “Project”) must be expressly accepted by us before work begins. Our acceptance of a Project is indicated by our commencement of work. If a Project is not accepted, we have no obligation to perform any services or deliver any products. We reserve the right, in our sole discretion, to decline any Project request.

  1. Term and Termination
    1. General Term: The term of this Agreement begins as of the date of your signature and, unless terminated earlier under one of this Agreement’s express provisions, will continue in effect until our full performance of all of our obligations as defined in Section 6 of this Agreement.
    2. Minimum Term for SEO Services: If the Project includes search engine optimization (SEO) services, as specified in the agreed-upon project scope, such services shall have a minimum term of six (6) months from the date of your signature. This minimum term applies only to SEO services and does not affect the term of other services or deliverables under this Agreement.
    3. Automatic Renewal for SEO Services: Upon expiration of the initial six-month term for SEO services, the SEO services shall automatically renew on a month-to-month basis unless the Client provides written notice of termination to the Company at least 30 days prior to the end of the initial term or the then-current monthly term. During any renewal term, the Client remains obligated to make payments as specified in Section 4 of this Agreement.
    4. Termination for Convenience. Client may terminate this Agreement at any time without cause by providing at least 30 days’ prior written notice to Company, provided that, for Projects including SEO services, the Client remains obligated to pay for the full six-month minimum term or any automatically renewed monthly term if notice is not provided at least 30 days prior to the end of the initial term or the then-current monthly term, as specified in Section 3.
    5. Termination for Cause. Either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach. For clarity, termination for cause does not waive the Client’s obligation to pay for the minimum six-month term or any automatically renewed monthly term for SEO services if applicable.
  2. Payments
    1. Terms of payment are within the Company’s sole discretion. We accept Visa, MasterCard, Discover, American Express, Apple Pay, Paypal, Venmo, and Zelle for all purchases. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other financial provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the invoice.
    2. Company may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide information to third parties subject to our Privacy Policy. 
    3. Company Company reserves the right to refuse or cancel your Project if fraud or an unauthorized or illegal transaction is confirmed. We may terminate or suspend your access to our services for other reasons, provided we give you at least 10 days’ prior written notice, except in cases of fraud or illegal activity where termination may be immediate. Termination or suspension does not relieve you of payment obligations for services rendered, including any minimum or renewed terms for SEO services.
    4. Payment Schedule: Unless otherwise specified in the project scope, payments for all services, including SEO services, are due upon receipt of the invoice. For SEO services, payments during the initial six-month term and any automatically renewed monthly term shall be invoiced monthly in advance, with payment due upon receipt unless otherwise agreed. Invoices not paid within thirty (30) days of receipt may incur a late fee of 1% per month. 
  3. Refund

Local Leap Marketing, LLC maintains a no-refund policy for all services, including but not limited to search engine optimization (SEO) services, website design, and development. No refunds will be issued for payments made toward any Project, including the minimum six-month term or any automatically renewed monthly term for SEO services as specified in Section 3, regardless of termination, due to the ongoing nature of the work and resources committed. Notwithstanding the foregoing, the Company reserves the sole discretion to issue a refund, in whole or in part, at its exclusive determination.

  1. Local Leap’s Obligations to You

Local Leap agrees to perform design, development, search engine optimization (SEO), and/or management services in accordance with the specifications mutually approved by both parties in the project scope. Each component of the Project—including individual deliverables, the final Product Website, SEO deliverables (such as keyword research, on-page optimization, and performance reports), and any related materials—will be produced and delivered in alignment with the agreed-upon scope, standards, and timelines.

  1. Your Obligations to Local Leap

You agree to provide all information, content, and materials necessary for Local Leap to complete the Project in a timely manner. You will promptly pay all fees for Project-related products and services as outlined in the invoice(s) provided, with payment due upon receipt unless otherwise specified in Section 4. 

  1. Warranties and Disclaimer of Warranties
    1. Mutual Representations and Warranties. Each party represents and warrants to the other party that:
      1. He or she is an individual person, or it is duly organized, validly existing, and in good standing as a corporation or other entity as represented herein under the laws and regulations of its jurisdiction of incorporation, organization, or chartering;
      2. It has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted hereunder and to perform its obligations hereunder;
      3. The execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the party, if such party is not an individual; and
      4. When executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.
    2. Additional Company Warranties. Company warrants to Client that:
      1. It will perform any services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with commercially reasonable industry standards for similar services and will devote adequate resources to meet its obligations under this Agreement;
      2. In performing the Services hereunder, the Company will comply with all Laws.
    3. Additional Client Warranties. Client makes certain warranties and representations regarding payment as stated in Section 4(a) of this Agreement.
    4. Disclaimer of all other warranties. Except for the express warranties set forth in this Agreement, each party hereby disclaims all warranties, whether express, implied, statutory, or otherwise under this Agreement. The company hereby disclaims all other warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. Any services or items, including product websites, purchased from the company are provided on an “as is” and “as available” basis, without any other warranties of any kind, either express or implied. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
  2. Limitation On Liability
    1. Exclusion of indirect damages. Except as otherwise provided in this Agreement, in no event will either party be liable under this Agreement for any consequential, incidental, indirect, exemplary, special, or punitive damages. Moreover, in no event will the company be liable under this Agreement for any consequential, incidental, indirect, exemplary, special, or punitive damages arising out of, relating to, or in connection with any products or services provided by the company, including client’s use, inability to use, or changes to such products or services, or any breach of this Agreement, regardless of whether such damages were foreseeable, whether or not the client was advised of the possibility of such damages, and the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
    2. Cap on monetary liability. Except as otherwise provided in this Agreement, in no event will either party’s liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate actual amounts paid to company for the products or services you have ordered from us.
    3. Exception. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
  3. Indemnification
    1. Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Client’s violation of these Terms, including breach of any representation, warranty, covenant or obligation under this Agreement, or Client’s use of the services or products, including Product Websites, Company provides to Client.
    2. Company agrees to defend, indemnify, and hold harmless the Client from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Company’s violation of these Terms, including breach of any representation, warranty, covenant or obligation under this Agreement.
  4. Arbitration
    1. You and Local Leap Marketing LLC are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of services or products, including product websites, under this Agreement, will be resolved exclusively and finally by binding arbitration.
    2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
    3. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the arbitration Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    4. If any provision of this arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
    5. Arbitration Costs and Class Action Waiver: The costs of arbitration, including administrative and arbitrator fees, shall be shared equally by the parties unless the arbitrator determines that one party’s claims or defenses were frivolous, in which case the prevailing party may be awarded reimbursement of reasonable arbitration costs. You and the Company agree that any arbitration will be conducted on an individual basis, and you waive any right to bring claims as a class, collective, or representative action.
  5. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

  1. Force Majeure

Neither party will be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes, or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns, or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, a “Force Majeure Event”), in each case, provided that (i) such event is outside the reasonable control of the affected party; (ii) the affected party provides prompt notice to the other party, stating the period of time the occurrence is expected to continue; and (iii) the affected party uses diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.

  1. Miscellaneous
    1. Governing Law and Jurisdiction. All matters relating to the services and products, including Product Websites, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice- or conflict-of-law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Allen and County of Collin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    2. Notices
      1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) sending a written notice by certified or registered mail to the postal address you provide. Notices sent by email will be effective when we send the email. Notices provided by registered or certified mail will be effective three business days after they are sent. It is your responsibility to keep your contact information current with us.
      2. To Us. To give us notice under these Terms, you must contact us by email, personal delivery, overnight courier, or registered or certified mail to Local Leap Marketing, LLC, 700 Central Expy S Ste 400, Allen, Texas 75013-8113. We may update the address for notices to us by emailing you. Notices provided by personal delivery will be effective immediately. Notices provided by overnight couriers will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
    3. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
    4. Waiver. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 
    5. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
    6. Surviving Terms. The provisions set forth in the following Sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement: Section 4, Section 5, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, and this Section 14. 
    7. Entire Agreement. These Terms constitute the sole and entire Agreement between you and Local Leap Marketing, LLC with respect to your Project and supersede all prior and contemporaneous understandings, Agreements, representations and warranties, both written and oral.
    8. Promotional Use. Client grants Company the right to display completed Projects, including screenshots or non-confidential excerpts, in Company’s portfolio and marketing materials unless Client provides written notice requesting exclusion.
  2. Ownership
    1. Ownership of Website Content All content and design elements provided by the Client or created by Local Leap Marketing, LLC for the Client’s website or SEO services, including but not limited to text, images, graphics, videos, website structure, layout, user interface, keyword research, analytics reports, and other media (“Website Content”), remain the property of the Client. Local Leap does not claim any ownership rights over the Website Content.
    2. License to Local Leap Client grants Local Leap a non-exclusive, royalty-free, worldwide license to use, modify, and display the Website Content solely for the purpose of providing services under this Agreement, including website development, SEO, and related management services. This license terminates upon completion or termination of the Project, except as necessary to comply with Section 15(c).
    3. Data Archival and Download Upon termination of this Agreement for any reason, as per Section 3, Local Leap will securely archive all Website Content, databases, files, and related data (“Archived Data”) in its possession at the time of termination. Upon request, Local Leap will provide the Client with a complete copy of the Archived Data via electronic download to the Client’s designated email address or another mutually agreed method, at no additional cost.
    4. Confidentiality Local Leap will hold the Website Content and Archived Data in confidence and will not disclose them to any third party without the Client’s prior written consent, except as required by law or to subcontractors performing services under this Agreement, subject to confidentiality obligations consistent with the Company’s Privacy Policy. This obligation survives termination of this Agreement.
    5. Disclaimer of Warranties Website Content and any underlying code, templates, or software frameworks (“Website Framework”) provided by Local Leap are delivered “as is.” Except as expressly stated in Section 8, Local Leap makes no warranties, express or implied, regarding the Website Content or Website Framework, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Local Leap is not liable for errors, defects, interruptions, or malfunctions in the Website Content or Website Framework caused by factors outside its reasonable control, such as third-party hosting issues or open-source code. However, Local Leap will use commercially reasonable efforts to correct any errors or defects in the Website Content or Website Framework reported by the Client, within the scope of services agreed upon.