TERMS OF USE

Last Updated: March 21, 2025

Welcome to Downstream Digital Marketing, LLC (“Company”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, DownstreamDM.com (the “Site”), and any related services, content, or features provided by us.

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue use of the Site immediately.

1. Acceptance of Terms

  • By viewing, visiting, using, or interacting with this Site, including any advertisements, pop-ups, or banners, you agree to these Terms.
  • Individuals under 18 are not permitted to use this Site. If you are under 18, you must leave immediately.
  • We reserve the right to deny access to any person for any reason.

2. Changes to Terms

We may update or modify these Terms at any time. Changes take effect immediately upon posting. You are responsible for reviewing these Terms regularly.

3. SMS & Text Messaging Policy

By providing your phone number, you consent to receive SMS messages from Downstream Digital Marketing related to:

✅ Promotions, offers, and updates
✅ Appointment confirmations & reminders
✅ Business communications

Opt-Out Instructions

  • To stop receiving SMS messages, reply with “XEND” at any time. “STOP” is also supported.
  • After opting out, you will no longer receive text messages unless you opt back in by sending “START”.
  • Standard message and data rates may apply.

We comply with TCPA (Telephone Consumer Protection Act) and CTIA guidelines to ensure responsible messaging practices.

4. Intellectual Property & Website Content

All content, text, images, and trademarks on this Site are owned or licensed by us and protected under copyright laws.

  • You may not copy, distribute, sell, or publish any part of the Site without express permission.
  • Unauthorized use may result in legal action and damages of up to $100,000, plus actual costs.

5. Website Use Restrictions

You agree not to:
🚫 Copy, modify, or sell any Site content
🚫 Disrupt or interfere with Site security
🚫 Use the Site for unlawful purposes
🚫 Engage in spam, hacking, or fraudulent activity

We reserve the right to suspend or terminate access for any violations.

6. Linking, Framing & Branding Restrictions

Unless you have written permission, you may not:
❌ Link to this Site from any other website
❌ Use our logo, branding, or trademarks
❌ “Frame” our Site within another website

Violation of this provision may result in legal action and damages of up to $100,000, plus actual costs.

7. Limitation of Liability

Downstream Digital Marketing is not responsible for:
❌ Errors, inaccuracies, or omissions on the Site
❌ Any damages resulting from Site use
❌ Viruses, malware, or security breaches

You use this Site at your own risk.

8. Downloads & Security Risks

Downloading files from this Site is at your own risk. We do not guarantee that downloads are free of:
🛑 Viruses
🛑 Malware
🛑 Corrupt files

We assume no liability for any harm to your computer or data.

9. Indemnification

By using this Site, you agree to indemnify and hold harmless Downstream Digital Marketing from any claims, damages, or expenses arising from:

✅ Your use of the Site
✅ Violations of these Terms
✅ Any third-party claims related to your actions

10. Submissions & User Communications

Any comments, feedback, or communications submitted to us become our property and may be used commercially without further notice or compensation.

You agree not to submit:
🚫 Unsolicited marketing materials
🚫 False or misleading information
🚫 Harmful or offensive content

11. Dispute Resolution & Arbitration

All disputes, claims, or controversies will be resolved through binding arbitration in accordance with the American Arbitration Association (AAA).

  • No jury trials or class actions allowed.
  • Arbitration will take place in Sewickley, PA, or a location mutually agreed upon.
  • The prevailing party may recover attorney fees and costs.

If litigation is necessary, the proper jurisdiction and venue shall be Sewickley, PA.

12. Governing Law

These Terms are governed by and interpreted under the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

13. Contact Information

For questions about these Terms, please contact us at:

📧 Email: downstream@downstreamdm.com
📍 Address: 521 Thorn St. #152, Sewickley, PA 15143

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