1. Introduction

Welcome to Asphalt Marketers LLC (“Asphalt Marketers,” “we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your use of our website, services, and communications, including our SMS text messaging program. By accessing or using our services, you agree to comply with and be bound by these Terms.

2. Services Provided

We offer digital marketing, consulting, website development, content creation, CRM and marketing automation, customer support, and process optimization services for asphalt contractors. Specific details of the services provided will be outlined in individual contracts or agreements.

3. User Responsibilities

• Accurate Information: You agree to provide accurate, current, and complete information as required for the provision of services.

• Compliance: You agree to comply with all applicable laws and regulations in connection with your use of our services.

• Use of Services: You agree not to misuse our services or use them for any unlawful purpose.

4. Payment Terms

• Fees: Fees for services will be outlined in the contract or invoice.

• Payment Schedule: Payments are due within 30 days of the invoice date.

• Late Payments: Late payments may incur a late fee of 1.5% per month.

5. SMS / Text Messaging Terms

Program name: Asphalt Marketers

Program description: By providing your mobile number and checking the SMS consent box on our forms, you agree to receive text messages from Asphalt Marketers LLC. Depending on the consent you give, these may include:

• Customer care / transactional messages: appointment confirmations and reminders, replies to your inquiries, onboarding steps, and account or service updates.

• Marketing messages: promotions, offers, event invitations, and updates about our programs and services.

Consent to receive text messages is not a condition of purchase.

Message frequency: Message frequency varies.

Costs: Message and data rates may apply.

Opt-out: You can cancel the SMS service at any time. Just text STOP to any message. After you send STOP, we will send one final message to confirm you have been unsubscribed. You will no longer receive SMS messages from us unless you opt in again.

Age requirement: You must be at least 18 years old to opt in to our SMS program. By opting in, you confirm that you are 18 or older.

Help: If you have trouble with our messaging program, reply HELP for assistance, or contact us at [email protected] or 416-900-0988.

Carrier disclaimer: Carriers are not liable for delayed or undelivered messages.

Privacy: For privacy-related inquiries, please refer to our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

6. Confidentiality

• Confidential Information: Both parties agree to keep all confidential information private and not disclose it to any third party without the other party’s written consent.

• Exclusions: Confidential information does not include information that is publicly available or becomes publicly available without breach of these Terms.

7. Intellectual Property

• Ownership: We retain ownership of all intellectual property rights in the services and materials we provide. You may not use any of our intellectual property without our prior written consent.

• License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the materials provided solely for your own use.

8. Termination

• Termination by Client: You may terminate the services at any time by providing 30 days’ written notice.

• Termination by Company: We may terminate the services if you breach these Terms, fail to pay for services, or for other just cause, with 30 days’ written notice.

• Effect of Termination: Upon termination, you agree to pay for all services rendered up to the termination date.

9. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the services; or (b) any unauthorized access to or use of our servers and/or any personal information stored therein.

10. Indemnification

You agree to indemnify and hold harmless Asphalt Marketers LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the services, or your violation of these Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Broward County, Florida.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website with an updated effective date. Your continued use of the services after any such changes constitutes your acceptance of the new Terms.

13. Entire Agreement

These Terms, together with our Privacy Policy and any contracts or agreements, constitute the entire agreement between you and us regarding the services and supersede any prior agreements or understandings.

14. Contact Us

Questions about these Terms or our SMS program? Contact us:

Asphalt Marketers LLC

501 E Las Olas Blvd, Suite 300, Fort Lauderdale, FL 33301, United States

Phone: 416-900-0988