These Terms of Use ("Terms") govern your access to and use of the Upshift Marketing website at upshiftmarketingresults.com (the "Site") and any services we provide (the "Services"). By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or Services.
Acceptance of terms
By using our Site or engaging us for Services, you confirm that you are at least 18 years old, have the legal authority to enter into these Terms, and (if signing up on behalf of a business) have the authority to bind that business to these Terms.
Use of the site
You may use our Site for lawful purposes only. You agree not to:
- Use the Site in any way that violates applicable law or regulation.
- Attempt to gain unauthorized access to any part of the Site, our servers, or any related systems.
- Interfere with or disrupt the Site, including by introducing viruses, malware, or other harmful code.
- Scrape, copy, or harvest content from the Site without our written permission, except as permitted by automated indexing systems used by search engines.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Intellectual property
All content on the Site, including text, graphics, logos, images, videos, audio clips, software, and design, is owned by Upshift Marketing or our licensors and is protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the Site without our prior written consent, except for personal, non-commercial viewing.
The Upshift Marketing name, logo, and related marks are trademarks of Upshift Marketing. You may not use these marks without our prior written permission.
User submissions
When you submit information through our forms (such as the contact form, audit request, newsletter signup, or onboarding form), you grant us a non-exclusive, royalty-free license to use that information to deliver the services you have requested and to communicate with you. We do not claim ownership of any business information you provide.
You represent that any information you submit is accurate, lawful, and does not infringe on the rights of any third party.
Services and engagements
Our Services are described on the Site and in any separate agreement you enter into with us. The Services may include local SEO audits, Google Business Profile optimization, citation building, review management, website work, and ongoing optimization.
The specific scope, deliverables, timelines, and fees of any engagement will be set out in a separate proposal, statement of work, or onboarding agreement. In the event of a conflict between these Terms and a signed engagement agreement, the engagement agreement controls.
No guarantee of SEO results
Any forward-looking statements about results, including references to ranking timeframes, traffic gains, or conversion improvements, are examples or aspirational targets based on our experience with similar clients. Your results may differ.
Third-party links and services
Our Site may link to third-party websites or services that we do not control, including Google, Beehiiv, Calendly, and others. We are not responsible for the content, privacy practices, or actions of those third parties. Your use of any third-party service is governed by that party's own terms and policies.
Disclaimer of warranties
The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by California law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.
Limitation of liability
To the fullest extent permitted by California law, in no event shall Upshift Marketing, its owners, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of the Site or Services, including but not limited to lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.
Our total cumulative liability for any claim arising out of or related to these Terms or your use of the Site or Services shall not exceed the total fees you paid to us in the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars ($100), whichever is greater.
Indemnification
You agree to indemnify, defend, and hold harmless Upshift Marketing and its owners, employees, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or Services, your violation of these Terms, or your violation of any law or third-party right.
Governing law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Yolo County, California, and you consent to the personal jurisdiction of those courts.
Dispute resolution
Before filing any legal action, you agree to first attempt to resolve any dispute by contacting us at adrian@upshiftmarketingresults.com and giving us at least 30 days to respond and attempt to resolve the matter informally.
Changes to these terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be communicated through our Site or by email where appropriate. Your continued use of the Site after any update constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Contact us
If you have questions about these Terms, contact us at: