Terms of Service

1. Acceptance of Terms

Welcome to Pigasys Marketing LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pigasys Marketing LLC governing your access to and use of our website located at https://pigasysmarketing.com (the "Website") and all related services, features, content, and applications offered by us (collectively, the "Services").

These Terms include, by reference:

• Our Privacy Policy, which describes how we collect, use, and share your personal information
• Our Service Agreement, which governs the specific terms of our professional marketing services
• Any additional terms, guidelines, or rules posted on our Website or provided to you in connection with specific services

2. Definitions

For purposes of these Terms, the following definitions apply:

Term	Definition
"Content"	All text, graphics, images, photographs, videos, audio, data, information, and other materials displayed, available, or accessible through the Website or Services.
"User Content"	Any content, materials, information, or data that you submit, upload, post, or otherwise transmit through the Website or Services.
"Intellectual Property"	All patents, trademarks, service marks, trade names, copyrights, trade secrets, proprietary information, and other intellectual property rights.
"Client Services"	Professional digital marketing services provided pursuant to a separate Service Agreement, including advertising management, SEO, web design, and related services.
"Advertising Platforms"	Third-party advertising platforms and networks, including but not limited to Meta (Facebook/Instagram), Google Ads, LinkedIn, TikTok, and similar services.
"Force Majeure"	Events beyond reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, government actions, pandemics, labor disputes, or internet or telecommunications failures.

3. Eligibility

To access and use our Website and Services, you must meet the following eligibility requirements:

3.1 Age Requirement

You must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use our Website and Services. By using our Services, you represent and warrant that you meet this age requirement.

3.2 Legal Capacity

You must have the legal capacity and authority to enter into these Terms. If you are accessing the Website or Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3.3 Compliance

You must be able to form legally binding contracts and must not be barred from using our Services under any applicable laws. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

3.4 Business Users

Our Client Services are designed for business users. If you engage our professional marketing services, you represent that you are acting in a business capacity and not as a consumer, except where consumer protection laws may apply to you regardless of your capacity.

4. Description of Services

Pigasys Marketing LLC provides digital marketing services to businesses, with a focus on the Simi Valley and Ventura County, California area, as well as businesses throughout the United States.

4.1 Website Services

Through our Website, we provide:

• Information about our company and marketing services
• Educational content, blog posts, and marketing resources
• Contact forms and consultation scheduling
• Client portal access (for existing clients)
• Case studies and portfolio examples

4.2 Professional Marketing Services

Our professional services include, but are not limited to:

5. Account Registration

Certain features of our Services may require you to create an account or register for access.

5.1 Account Information

When creating an account, you agree to:

• Provide accurate, current, and complete information as requested
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information. We recommend using strong, unique passwords and enabling two-factor authentication where available.

5.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms or suspected fraudulent, abusive, or illegal activity.

6. User Conduct

When using our Website and Services, you agree to conduct yourself in accordance with the following standards:

6.1 Lawful Use

• Use our Services only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, local, and international laws and regulations
• Respect the rights and dignity of others
• Act in good faith in all dealings with us and other users

6.2 Accurate Information

• Provide truthful and accurate information in all communications with us
• Not misrepresent your identity, affiliation, or authority
• Not impersonate any person or entity

6.3 Respectful Behavior

• Treat our staff, contractors, and other users with respect
• Not engage in harassment, abuse, or threatening behavior
• Not discriminate based on race, gender, religion, national origin, disability, or other protected characteristics

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

7.1 Security Violations

• Attempting to gain unauthorized access to our systems, servers, or networks
• Interfering with or disrupting the integrity or performance of our Services
• Transmitting viruses, malware, or other harmful code
• Using automated systems (bots, scrapers, crawlers) without our express permission
• Attempting to probe, scan, or test vulnerabilities in our systems
• Circumventing or attempting to circumvent any security measures

7.2 Intellectual Property Violations

• Copying, reproducing, or distributing our Content without authorization
• Removing or altering copyright notices or proprietary markings
• Using our trademarks, logos, or branding without permission
• Creating derivative works based on our Content
• Reverse engineering, decompiling, or disassembling our software

7.3 Harmful Content

• Submitting false, misleading, or deceptive information
• Posting defamatory, obscene, or offensive content
• Transmitting spam, chain letters, or unsolicited communications
• Promoting illegal activities or violating others' rights
• Submitting content that infringes third-party intellectual property rights

7.4 Commercial Misuse

• Using our Services for unauthorized commercial purposes
• Reselling or redistributing our Services without authorization
• Engaging in competitive intelligence gathering through deceptive means
• Using our Services to benefit a direct competitor

8. Intellectual Property

8.1 Our Intellectual Property

The Website and all Content, features, and functionality thereof are owned by Pigasys Marketing LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes, but is not limited to:

• Trademarks: "Pigasys Marketing," "When Pigs Fly," our logo, and all related names, logos, product and service names, designs, and slogans
• Copyrighted Content: Website design, text, graphics, photographs, videos, audio, data compilations, and software
• Proprietary Methods: Our marketing methodologies, processes, strategies, and know-how
• Technology: Any software, tools, or systems used to deliver our Services

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for your personal or internal business purposes. This license does not include:

• Any resale or commercial use of our Website or Content
• Any collection or use of product listings, descriptions, or prices
• Any derivative use of our Website or Content
• Any downloading or copying of account information for another party's benefit
• Any use of data mining, robots, or similar data gathering tools

8.3 Restrictions

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from our Website without our prior written consent.

9. User Content

9.1 Your Responsibility

You are solely responsible for any User Content you submit through our Website or Services. By submitting User Content, you represent and warrant that:

• You own or have the necessary rights to use and authorize us to use the User Content
• The User Content does not violate the privacy, publicity, intellectual property, or other rights of any third party
• The User Content is accurate and not misleading
• The User Content complies with all applicable laws and regulations

9.2 License Grant

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing our Services and operating our business.

9.3 Content Removal

We reserve the right (but have no obligation) to review, refuse, or remove any User Content at our sole discretion. We may remove User Content that violates these Terms or that we find objectionable for any reason.

10. Payment Terms

This section applies to any paid services or features available through our Website. Detailed payment terms for professional marketing services are set forth in the applicable Service Agreement.

10.1 Pricing

All prices are quoted in U.S. Dollars unless otherwise specified. Prices are subject to change without notice, but price changes will not affect orders already placed and confirmed.

10.2 Payment Methods

We accept payment through major credit cards, ACH bank transfers, and other payment methods as indicated during checkout. All payments are processed through secure third-party payment processors.

10.3 Taxes

Prices do not include applicable taxes. You are responsible for all taxes, duties, and other governmental charges associated with your use of our Services, except for taxes based on our net income.

10.4 Refunds

Refund policies vary by service type. Professional marketing services are subject to the refund provisions in the applicable Service Agreement. Website purchases may be subject to separate refund policies as described at the time of purchase.

11. Third-Party Services & Links

11.1 Third-Party Links

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

11.2 Third-Party Services

Our Services may integrate with or rely upon third-party services, including but not limited to:

• Payment processors (Stripe, PayPal, etc.)
• Analytics services (Google Analytics, etc.)
• Advertising platforms (Meta, Google, LinkedIn, etc.)
• Communication tools (email providers, chat services, etc.)
• Cloud hosting and storage providers

11.3 Disclaimer

Your use of third-party services is subject to those services' own terms and conditions. We are not responsible for any acts, omissions, or failures of third-party service providers. Your interactions with third parties are solely between you and such third parties.

12. Advertising Platform Terms

When we provide advertising services on your behalf, you acknowledge and agree to the following:

12.1 Platform Terms

You agree to comply with the terms of service, advertising policies, and community guidelines of all advertising platforms on which we run campaigns on your behalf, including but not limited to:

• Meta (Facebook/Instagram) Advertising Policies
• Google Ads Policies
• LinkedIn Advertising Policies
• TikTok Advertising Policies
• Any other applicable platform policies

12.2 Platform Changes

Advertising platforms may change their policies, algorithms, features, or pricing at any time without notice. We are not responsible for any impact such changes may have on your campaigns or results. We will make reasonable efforts to adapt to platform changes, but cannot guarantee uninterrupted service or consistent results.

12.3 Account Suspensions

Advertising platforms may suspend or terminate advertising accounts for policy violations or other reasons. While we take care to comply with platform policies, we cannot guarantee that your accounts will not be suspended. We are not liable for account suspensions resulting from:

• Your failure to comply with platform terms
• Issues with your business, products, or services
• Platform algorithm changes or policy updates
• Factors outside our reasonable control

13. Disclaimers & Warranties

13.1 "As Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.2 No Guarantee of Results

WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES. MARKETING RESULTS DEPEND ON MANY FACTORS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO:

• Market conditions and competition
• Quality and appeal of your products or services
• Pricing and competitive positioning
• Economic conditions
• Consumer behavior and preferences
• Third-party platform algorithms and policies
• Your responsiveness and participation

13.3 Website Availability

We do not warrant that our Website will be uninterrupted, timely, secure, or error-free. We may experience downtime for maintenance, updates, or unforeseen technical issues. We are not liable for any interruption in service.

13.4 Information Accuracy

While we strive to provide accurate and current information, we make no warranties regarding the accuracy, completeness, or reliability of any Content on our Website. Any reliance on such information is at your own risk.

13.5 Third-Party Content

We are not responsible for any third-party content, including but not limited to testimonials, reviews, case studies, or user-generated content. Such content represents the views of its authors and not necessarily our views.

14. Limitation of Liability

14.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIGASYS MARKETING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business opportunities, or goodwill
• Loss of data or business interruption
• Cost of procurement of substitute services
• Any damages arising from third-party conduct or platform changes

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF:

• The total amount you paid to us in the twelve (12) months preceding the claim; or
• One Hundred Dollars ($100.00)

14.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Pigasys Marketing LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Website or Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable law or regulation
• Any User Content you submit
• Any dispute between you and a third party
• Your negligence, willful misconduct, or fraud

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims.

16. Termination

16.1 Termination by You

You may terminate your use of our Website at any time by discontinuing access. If you have an account, you may request account deletion by contacting us.

16.2 Termination by Us

We may terminate or suspend your access to our Website and Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Conduct that we believe is harmful to other users, our business, or third parties
• Fraudulent or illegal activity
• Extended period of inactivity
• Request by law enforcement or government agency
• Discontinuation of the Website or Services

16.3 Effect of Termination

Upon termination:

• Your right to access and use our Website and Services immediately ceases
• We may delete your account and associated data
• Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and indemnification

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

By using our Website or Services, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Ventura County, California, for any disputes arising out of or relating to these Terms or your use of our Services.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us and attempt to resolve the dispute informally. Most concerns can be quickly resolved through direct communication. Please email us at marcus@pigasysmarketing.com with a description of your concern.

18.2 Binding Arbitration

If we cannot resolve the dispute informally within thirty (30) days, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Ventura County, California, unless the parties agree otherwise.

18.3 Class Action Waiver

YOU AND WE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class action lawsuits or class-wide arbitration against us.

18.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18.5 Small Claims Court

Either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

19. California-Specific Terms

The following provisions apply specifically to California residents:

19.1 California Consumer Rights

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice:

19.2 California Privacy Rights

California residents have specific privacy rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Please see our Privacy Policy for detailed information about your California privacy rights.

19.3 California Automatic Renewal Law

If any of our Services involve automatic renewals or continuous service subscriptions, we will provide clear and conspicuous disclosure as required by California Business and Professions Code Sections 17600-17606, including:

• Clear disclosure of the automatic renewal terms before you make the initial purchase
• An acknowledgment of automatic renewal terms that you must affirmatively accept
• Post-transaction acknowledgment with cancellation instructions
• A simple mechanism to cancel

19.4 California Unfair Competition Law

Nothing in these Terms is intended to violate California Business and Professions Code Section 17200 et seq. (Unfair Competition Law). Any provision that would constitute unfair, unlawful, or fraudulent business practice shall be modified to comply with applicable law.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, Service Agreement (if applicable), and any other referenced documents, constitute the entire agreement between you and us regarding your use of the Website and Services, and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without your consent to any affiliate or in connection with a merger, acquisition, or sale of assets.

20.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from Force Majeure events. In such circumstances, our obligations shall be suspended for the duration of the Force Majeure event.

20.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and us and do not confer any third-party beneficiary rights.

20.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20.8 Electronic Communications

By using our Website, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

21. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion.

21.1 Notice of Changes

• Material Changes: For significant changes that may adversely affect your rights, we will provide notice at least 30 days before the changes take effect, through email, website banner, or other prominent means.
• Non-Material Changes: For minor updates, we will update the "Last Updated" date at the top of these Terms.

21.2 Acceptance of Changes

Your continued use of our Website or Services after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you should discontinue your use of our Website and Services.

21.3 Review Recommendation

We encourage you to review these Terms periodically to stay informed of any changes. It is your responsibility to check for updates.

22. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: